SECTION 326.85. Purpose and Applicability

(a) Purpose.

(1) Fees. The commission is mandated by Texas Health and Safety Code, §361.013, to collect a fee for solid waste disposed of within the state, and from transporters of solid waste who are required to register with the state. The fee amount may be raised or lowered in accordance with spending levels authorized by the legislature.

(2) Reports. The commission requires reports to track the amount of waste being stored and processed to track the amount of processing capacity and reserve (future) disposal capacity in Texas, and to enable equitable assessment and collection of fees.

(b) Applicability.

(1) Fees. The owner or operator of a medical waste processing facility, with the exception of facilities authorized as transfer station only, is required to pay a fee to the agency based upon the amount of waste received. For the purpose of this subchapter, "waste received" means the total amount of the waste (measured in tons or cubic yards) received by a facility at the gate, excluding only those wastes that are recycled or exempted from payment of fees under this subchapter or by law.

(2) Reports. All registered facility owners or operators must submit reports to the executive director covering the types and amounts of waste processed at the facility or processing location; other pertinent information necessary to track the amount of waste generated, recovered, or recycled; and the amount of processing capacity of facilities. The information requested on forms provided by the executive director shall not be considered confidential or classified information unless specifically authorized by law, and refusal to submit the form with complete and accurate information by the applicable deadline shall be considered as a violation of this section and subject to appropriate enforcement action and penalty.

(3) Interest penalty. Owners or operators 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).

Source Note: The provisions of this §326.85 adopted to be effective May 26, 2016, 41 TexReg 3697