SECTION 312.9. Fee Program

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

(1) Annual fee--A fee charged to each person holding a registration or permit under the commission's authority in Texas Health and Safety Code, Chapter 361, or a permit issued under the commission's authority in Texas Water Code, Chapter 26, except that a fee will not be assessed under this chapter as specified in §312.5 of this title (relating to Relationship to Other Requirements).

(2) Reported--Information compiled and submitted to the executive director that tracks the amount of waste being stored, treated, processed, transported, or disposed of in the state; tracks the amount of processing, transporting, and disposal capacity and reserve capacity; and enables equitable assessment and collection of fees.

(3) Payment--Receipt by the executive director of the full amount of the annual fee(s) due.

(b) Except as provided in subsection (f) of this section, the amount of the annual fee that is assessed is determined by weight of solids disposed of and reported to the executive director as of September 30th of each year (reporting period September 1st of previous year to August 31st of current year). Failure to report this information does not exempt a registrant or permittee from this fee. The fees are as follows.

(1) The minimum fee assessed against each registration or permit is $100, regardless of whether the site is active or inactive.

(2) When water treatment residuals are mixed with a Class B biosolids or when Class B biosolids are land applied, the fee is $0.75 per dry ton.

(3) When biosolids are applied to a site for disposal or when water treatment residuals are applied to a site for disposal and the activity requires a permit as specified in Subchapter F of this chapter (relating to Land Application, Storage, and Disposal of Water Treatment Residuals), the fee is $1.25 per ton.

(4) When water treatment residuals are applied to a site for beneficial use or disposal and the activity does not require a permit as specified in Subchapter F of this chapter, the fee is $0.20 per dry ton.

(5) When sewage sludge or biosolids are fired in an incinerator, the fee is $1.25 per dry ton.

(c) An annual transporter fee is assessed against each person or entity holding a registration to transport sewage sludge, biosolids, water treatment residuals, domestic septage, chemical toilet waste, grease trap waste, or grit trap waste issued in accordance with Subchapter G of this chapter (relating to Transporters and Temporary Storage Provisions). The amount of the annual fee must be based upon the total annual volume of waste transported by the transporter under each registration and reported to the executive director as of June 15th, each year. Failure to report the transportation of waste does not exempt a registrant from this fee. The fees are as follows.

(1) For a total annual volume transported of 10,000 gallons (50 cubic yards) or less, the fee is $100.

(2) For a total annual volume transported greater than 10,000 gallons (50 cubic yards) but equal to or less than 50,000 (250 cubic yards), the fee is $250.

(3) For a total annual volume transported greater than 50,000 gallons (250 cubic yards) but equal to or less than 200,000 gallons (1,000 cubic yards), the fee is $400.

(4) For a total annual volume transported of greater than 200,000 gallons (1,000 cubic yards), the fee is $500.

(d) Permit and registration holders shall submit annual reports in accordance with §312.48(1) of this title (relating to Reporting) no later than September 30th of each calendar year, for a reporting period covering September 1st of the previous calendar year to August 31st of the current calendar year. Fees assessed in subsection (b) of this section must be paid by the registrant or permittee on or before the due date specified in the invoice each year. Fees assessed in subsection (c) of this section must be paid by the registrant after billing by the executive director, prior to September 1st, of each year. Fees must be paid by check, certified check, or money order payable to the Texas Commission on Environmental Quality. The permittee or registrant of a facility failing to make payment of the fees imposed under this subchapter when due shall be assessed penalties and interest in accordance with Chapter 12 of this title (relating to Payment of Fees).

(e) Failure of the registrant or permittee to submit the required fee within 30 days of billing, shall be sufficient cause for the commission to revoke the registration or permit and authorization to process or dispose of waste. Any entity to whom a registration or permit is transferred shall be liable for payment of the annual fee on the same basis as the transferor.

(f) No fee will be assessed for sewage sludge, biosolids, or water treatment residuals composted with source-separated organic material at a composting facility, including a composting facility located at a permitted landfill site. This subsection does not apply if the biosolids or residuals are not used as compost and are deposited in a surface disposal site or landfill.

(g) Applicants shall submit permit application fees for Class B biosolids permit applications.

(1) Any person who applies for a new permit, permit renewal, or permit amendment shall pay a permit application fee. The fees in this subsection relating to application for a permit, permit renewal, or major amendment supersede the fees in §305.53 of this title (relating to Application Fee). An application for a minor amendment or permit transfer must be submitted in accordance with §305.53 of this title. The commission may not consider an application for final decision until such time as the permit application fee is paid. All permit application fees must be made payable to the commission and paid at the time the application for a permit is submitted.

(2) The executive director may not process an application until all delinquent annual fees and delinquent administrative penalties owed the commission by the applicant or for the site as delineated in the permit application are paid in full. Any permittee to whom a permit is transferred shall be liable for payment of the annual fees assessed for the permitted entity/site on the same basis as the transferor of the permit, as well as any outstanding fees and associated penalties owed the commission. If the applicant is not the permittee at the time fees become delinquent or against whom administrative penalties are assessed, the executive director may for good cause waive the applicant's liability under this subsection for payment of delinquent annual fees or delinquent administrative penalties.

(3) An applicant may file a written request for a refund in the amount of 50% of the permit application fee paid if the permit is not issued. No fees will be refunded after a new permit, permit renewal, permit modification, permit amendment, or permit transfer has been issued by the commission. Transfer of a permit will not entitle the transferor permittee to a refund, in whole or part, of any fee already paid by that permittee.

(4) The permit application fees will be between $1,000 and $5,000, based on the quantity of biosolids to be applied annually under the permit, as shown in the following schedule:

(A) $1,000, if the quantity is 2,000 dry tons or less;

(B) $2,000, if the quantity is greater than 2,000 dry tons but less than or equal to 5,000 dry tons;

(C) $3,000, if the quantity is greater than 5,000 dry tons but less than or equal to 10,000 dry tons;

(D) $4,000, if the quantity is greater than 10,000 dry tons but less than or equal to 20,000 dry tons; or

(E) $5,000, if the quantity is greater than 20,000 dry tons.

Source Note: The provisions of this §312.9 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective February 14, 1997, 22 TexReg 1326; amended to be effective August 17, 2000, 25 TexReg 7774; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective April 23, 2020, 45 TexReg 2542