| (a) Except for radioactive material licenses or as
specifically provided hereunder, an applicant shall include with each
application a fee of $100.
(1) The permit application fee for each disposal well
which will not be authorized to receive hazardous waste is $100. The
fee for each disposal well which will be authorized to receive hazardous
waste is $2,000.
(2) The permit application fee for each solid waste
management facility to be used for the storage, processing, or disposal
of hazardous waste, the Part B application for which was filed after
September 1, 1985, shall be not less than $2,000 and not more than
$50,000 as calculated in accordance with the following:
(A) site evaluation - $100 per acre of solid waste
facility up to 300 acres; no additional fee thereafter;
(B) process analysis - $1,000;
(C) facility unit(s) analysis - $500 per unit;
(D) management/facility analysis - $500.
(3) For purposes of paragraph (2)(C) of this subsection,
each landfill, surface impoundment, incinerator, waste pile, tank,
and container storage area shall be considered a facility unit subject
to the $500 per unit fee; except that multiple storage tanks or container
storage area identical in type and use will be subject to a single
$500-unit fee.
(4) The permit application fee for water use permits
shall be submitted in accordance with Subchapter B of this chapter
(relating to Emergency Orders, Temporary Orders, and Executive Director
Authorizations).
(5) The permit application fee for mine shaft permits
shall be submitted in accordance with §329.9 of this title (relating
to Procedures for Application).
(6) The permit application fees for wastewater disposal
permits shall not be less than $100 and not more than $2,000 as follows.
(A) Agricultural permit applications fees are as follows:
(i) minor amendments - $100; and
(ii) new, amendment, and renewal applications - $300.
(B) Domestic wastewater permit application fees are
based upon the following flow categories:
(i) minor amendments - $100;
(ii) new, amendment, and renewal applications less
than 50,000 gallons per day - $300;
(iii) new, amendment, and renewal applications 50,000
to less than 100,000 gallons per day - $500;
(iv) new, amendment, and renewal applications 100,000
to less than 250,000 gallons per day - $800;
(v) new, amendment, and renewal applications 250,000
to less than 500,000 gallons per day - $1,200;
(vi) new, amendment, and renewal applications 500,000
to less than 1 million gallons per day - $1,600; and
(vii) new, amendment, and renewal applications 1 million
and greater gallons per day - $2,000.
(C) Municipal stormwater permit application fees as
follows:
(i) minor amendments - $100; and
(ii) new, major amendments, and renewal applications
- $2,000.
(D) Industrial wastewater permit application fees are
based upon the United States Environmental Protection Agency (EPA)
major/minor designation and the commission assigned toxicity rating
as follows:
(i) minor amendments for minor facilities - $100;
(ii) minor amendments for major facilities - $400;
(iii) new, amendment, and renewal applications for
minor facilities that are not subject to categorical standards promulgated
by EPA (40 Code of Federal Regulations, Part 400) - $300;
(iv) new, amendment, and renewal applications for minor
facilities that must comply with a categorical standard promulgated
by the EPA (40 Code of Federal Regulations, Part 400) - $1,200; and
(v) new, amendment, and renewal applications for major
facilities - $2,000.
(7) The permit application fee for a permit, or a major
permit amendment as provided in §305.62(j)(1) of this title (relating
to Amendments), for a municipal solid waste landfill is $2,000.
(8) The fees established by this section are due at
the time that the application is filed in accordance with §281.3
of this title (relating to Initial Review), except that for hazardous
waste permit applications filed on or after September 1, 1985, but
prior to the effective date of paragraph (2) of this subsection are
due at the time that the application is forwarded to the chief clerk
of the Texas Commission on Environmental Quality for purposes of issuance
of the notice of application. Unless the recommendation of the executive
director is that the application be denied, the commission will not
consider an application for final decision until such time as the
fees in accordance with paragraph (2) of this subsection are paid.
(b) An applicant shall also include with each application
for a new, amended, or modified permit a fee of $50 to be applied
toward the cost of providing required notice. A fee of $15 is required
with each application for renewal. This subsection does not apply
to radioactive material licenses.
(c) Each application for a radioactive material license
shall be accompanied by the applicable fee. The fee for a license
shall be calculated in accordance with Chapter 336, Subchapter B of
this title (relating to Radioactive Substance Fees).
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| Source Note: The provisions of this §305.53 adopted to be effective June 19, 1986, 11 TexReg 2593; amended to be effective October 29, 1990, 15 TexReg 6015; amended to be effective March 10, 1994, 19 TexReg 1376; amended to be effective June 5, 1997, 22 TexReg 4583; amended to be effective December 16, 2001, 26 TexReg 10102; amended to be effective January 8, 2004, 29 TexReg 136; amended to be effective October 29, 2020, 45 TexReg 7603 |
