The operator shall submit all of the following.
(1) Permit application form. The operator shall submit
a permit application, available from the executive director, and prepared
in accordance with the requirements of §332.47 of this title
(relating to Permit Application Preparation).
(2) Reports.
(A) Final products.
(i) Monthly reports. Facilities requiring permit must
submit reports on final product testing to the executive director
in compliance with §332.71(j)(1) of this title (relating to Sampling
and Analysis Requirements for Final Product) on a monthly basis.
(ii) Annual reports. The operator shall submit annual
written reports. These reports shall at a minimum include input and
output quantities, a description of the end-product distribution,
and all results of any required laboratory testing. A copy of the
annual report shall be kept on-site for a period of five years.
(B) Received materials. All permitted facility operators
are required to submit reports to the executive director covering
the types and amounts of waste processed at the facility.
(i) Quarterly reports. Each processing facility shall
report to the executive director the information requested on the
report form for the reporting period including the amount of source-separated
material processed to compost or mulch product.
(ii) Annual reports. Each processing facility shall
report to the executive director a summary of the quarterly totals
and yearly total, as well as the year-end status of the facility.
(iii) Report form. The report shall be on a form furnished
by the executive director or reproduced from a form furnished by the
executive director or by an electronic form or format furnished by
the executive director.
(iv) Report information. In addition to a statement
of the amount of waste received for processing, the report shall contain
other information requested on the form, including the facility operator's
name, address, and phone number; the permit number, permit application
number; the facility type, size, and capacity; and other information
the executive director may request.
(v) Reporting units. The amount of waste received for
processing shall be reported in tons or in cubic yards as received
(compacted or uncompacted) at the gate. If accounting of the waste
is recorded in cubic yards, then separate accounting must be made
for waste that comes to the facility in open vehicles or without compaction,
and waste that comes to the facility in compactor vehicles. If scales
are not utilized and accounting of the waste received is in cubic
yards, gallons, or drums then those volumetric units may be converted
to tons for reporting purposes, using the conversion factors set forth
in subparagraphs (I) and (II) of this clause.
(I) General weight to volume conversion factors:
(-a-) one ton = 2,000 pounds;
(-b-) one gallon = 7.5 pounds (grease trap waste);
(-c-) one gallon = 8.5 pounds (wastewater treatment
plant sludge or septage);
(-d-) one gallon = 9.0 pounds (grit trap waste); and
(-e-) one drum = 55 gallons.
(II) Volume to weight conversion factors for waste
in transport vehicles:
(-a-) one cubic yard = 400 pounds (no compaction);
(-b-) one cubic yard = 666.66 pounds (medium compaction);
and
(-c-) one cubic yard = 800 pounds (heavy compaction).
(vi) Use of population equivalent. In determining the
amount of waste processed for disposal at a processing facility serving
less than 5,000 people, the operator may use the number of tons calculated
or derived from the population served by the facility in lieu of maintaining
records of the waste deposited at the facility. The amount of waste
shall be calculated on the basis of one ton per person per year. The
report shall document the population served by the facility and reflect
any changes since the previous report.
(vii) Report due date. The required quarterly received
materials report shall be submitted to the executive director not
later than 20 days following the end of the fiscal quarter for which
the report is applicable. The fiscal year begins on September 1 and
concludes on August 31.
(viii) Method of submission. The required report shall
be delivered or mailed to the agency to the return address designated
by the executive director in the billing statement distributed quarterly
or shall be submitted electronically to the agency.
(ix) Penalties. Failure of the facility or process
operator to submit the required report by the due date shall be sufficient
cause for the commission to revoke the permit and authorization to
process of waste. The commission may assess interest penalties for
late payment of fees and may also assess penalties in accordance with
Texas Water Code, §7.051 (Administrative Penalty) or take any
other action authorized by law to secure compliance.
(3) Fees. Each operator of a facility that processes
Municipal Solid Waste is required to pay a fee to the agency for all
waste received for processing. Source-separated material processed
at a composting or mulch processing facility, including a composting
or mulch processing facility located at a permitted landfill, is exempt
from the fee requirements set forth and described in this section.
The agency will credit any fee payment due under this section for
any material received and processed to compost or mulch product at
the facility. Any compost or mulch product that is produced at a composting
or mulch processing facility that is used in the operation of the
facility or is disposed of in a landfill or used as landfill daily
cover is not exempt from the fee.
(A) Fee rates.
(i) Tons. For waste reported in tons, the fee rate
is $0.47 per ton received.
(ii) Cubic yards (compacted). For waste reported in
compacted cubic yards, the fee rate is $0.15 per cubic yard received.
(iii) Cubic yards (uncompacted). For waste reported
in uncompacted cubic yards, the fee rate is $0.095 cent per cubic
yard received.
(iv) If a facility operator chooses to report the amount
of waste received utilizing the population equivalent method authorized
in paragraph (2)(B)(vi) of this section, the fee shall be calculated
by the executive director at an amount equal to $0.47 per ton.
(B) Measurement options. The volume or weight reported
on the quarterly received materials report must be consistent throughout
the report, and it must be consistent with the total amount of the
waste received by a processing facility at the gate (measured in tons
or cubic yards, or determined by the population equivalent method
specified in paragraph (2)(B)(vi) of this section). The weight or
volume of the waste received for processing shall be determined prior
to processing of the waste. The recommended method for measuring and
reporting waste received at the gate is in tons. The operator must
accurately measure and report the number of tons or cubic yards of
waste received.
(C) Fee calculation. The fee shall be calculated by
the executive director using information obtained from the quarterly
received materials report. The total tonnage or cubic yards reported
to the executive director in the quarterly received materials report
shall be derived from gate tickets (weight or volume) or invoices,
except in the case of operators who are authorized to report utilizing
the population equivalent method in paragraph (2)(B)(vi) of this section,
and records of recycled materials or any other information deemed
relevant by the executive director. A billing statement will be generated
quarterly by the executive director and forwarded to the applicable
permittee or a designated representative.
(D) Fee due date. All solid waste fees shall be due
within 30 days of the date the payment is requested.
(E) Method of payment. The required fee shall be submitted
in the form of a check or money order made payable to the Texas Commission
on Environmental Quality and delivered or mailed to the return address
designated by the executive director in the billing statement distributed
quarterly.
(F) Penalties. Failure of the facility or process operator
to submit the required fee payment by the due date shall be sufficient
cause for the commission to revoke the permit and authorization to
process waste. The commission may assess interest penalties for late
payment of fees and may also assess penalties in accordance with Texas
Water Code, §7.051, or take any other action authorized by law
to secure compliance.
(G) Exemptions. A fee will not be charged on solid
waste resulting from a public entity's effort to protect the public
health and safety of the community from the effects of a natural or
man-made disaster or from structures that have been contributing to
drug trafficking or other crimes if the disposal facility at which
that solid waste is offered for disposal has donated to a municipality,
county, or other political subdivision the cost of disposing of that
waste.
(4) Engineer's appointment. An engineer's appointment
which consists of a letter from the applicant to the Executive Director
identifying the engineer responsible for the submission of the plan,
specifications, and any other technical data to be evaluated by the
commission regarding the project.
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| Source Note: The provisions of this §332.43 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 12, 2002, 27 TexReg 8593; amended to be effective February 3, 2022, 47 TexReg 303 |
