SECTION 295.21. Fees for Management Plans

(a) General provisions.

(1) Purpose. The purpose of this section is to provide a means of reimbursement for services performed, so as to acquire or maintain certification status, supplies, equipment, personnel, and assistance necessary relative to state and federal regulations of asbestos, reflecting a greatly increased demand for these services.

(2) Scope. This section covers fees for the non-mandatory review and approval of asbestos management plans, as submitted.

(3) Statutory authority. The Texas Board of Health (board) is granted authority under the Health and Safety Code, §12.031 and §12.032, to charge fees to persons who receive public health services from the Texas Department of Health (department), which includes environmental and consumer health services.

(4) Waiver. The commissioner of health of the State of Texas may waive any of the fee requirements in this section if the commissioner determines that a public emergency requires such action.

(5) Review. The board shall review and approve all changes of the amounts of fees assessed, or any additions to fees for the services set forth in this section.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Asbestos--Fibrous mineral forms (chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite).

(2) Board--The Texas Board of Health.

(3) Department--The Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.

(c) Fees for plans review.

(1) The department may collect a reasonable fee for the review and approval of plans affecting the control and abatement of asbestos or asbestos containing materials (ACM). The fee determined for the review process for each asbestos plan, or partial plan, submitted under the provisions of this subsection shall be the greater of $75 or one-tenth of a cent ($0.001) per square foot of the total building area under review.

(2) Parts of an entire asbestos plan may be submitted separately for facilities in separate locations. Each partial submission shall be subject to the fees set forth in paragraph (1) of this subsection.

(3) The department may refuse or return asbestos plans that are found to be incomplete or not correctly prepared. The department may, at its election, hold documents pending notification to the sender of the required corrections or completions by mail. If the department has not received the required corrections or completions, or any necessary explanation thereof, within 30 days of the date of mailing the letter of requirements to the sender, the department may return or discard the plans or specifications.

(4) The department shall complete the review process within 90 days of the date of acceptance by the department of an asbestos plan in an essentially complete and correct form.

(5) The department shall refuse to accept or review plans submitted without proper provisions for payment. Fees for plans accepted by the department for the review process are not refundable.

Source Note: The provision of this §295.21 adopted to be effective April 15, 1988, 13 TexReg 1338; amended to be effective October 20, 1992, 17 TexReg 6901.