SECTION 326.87. Fees

(a) Each owner or operator of a medical waste processing facility, with the exception of a facility authorized as a transfer station only is required to comply with the following:

(1) Fee rates and measurement options. For purposes of this subsection, uncompacted waste means any waste that is not a liquid or a sludge, has not been mechanically compacted by a collection vehicle, has not been driven over by heavy equipment prior to collection, or has not been compacted subsequent or prior to collection by any type of mechanical device other than small, in-house, compactor devices owned and/or operated by the generator of the waste. Compacted waste is a liquid, sludge, or similar waste or any waste that has been reduced in volume by a collection vehicle or by any other means including, but not limited to, dewatering, composting, incineration, and similar processes. The volume or weight reported on the quarterly solid waste summary report must be consistent with the volume or weight of the waste received, as defined in §326.85(b)(1) of this title (relating to Purpose and Applicability). The volume or weight of the waste received shall be determined prior to processing of the waste.

(A) Tons. 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 cubic yards or tons of waste received. For waste reported in tons, the fee rate is $0.47 per ton received and will be calculated by the executive director by using this rate.

(B) Cubic yards (compacted). For waste reported in compacted cubic yards, the fee rate is $0.15 per cubic yard received and will be calculated by the executive director using this rate.

(C) Cubic yards (uncompacted). For waste reported in uncompacted cubic yards, the fee rate is $0.095 per cubic yard received and will be calculated by the executive director using this rate.

(2) Fee calculation. The fee shall be calculated by the executive director using information obtained from the quarterly solid waste summary report. The total cubic yards or tonnage reported to the executive director in the quarterly solid waste summary report shall be derived from gate tickets (weight or volume) or invoices 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 owner or operator or a designated representative.

(3) Fee payment due date. All solid waste fees shall be due within 30 days of the date the payment is requested.

(4) Method of payment. The required fee shall be submitted in the form of a check or money order made payable to the commission and delivered or mailed to the return address designated by the executive director in the billing statement.

(5) Penalties. Failure of the facility owner or operator to submit the required fee payment by the due date shall be sufficient cause for the commission to revoke the registration and authorization to process waste. The commission may assess interest penalties for late payment of fees and may also assess penalties (fines) in accordance with Texas Water Code, §7.051, or take any other action authorized by law to secure compliance.

(6) 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.

(b) All transporters and mobile on-site treatment unit operators are required to comply with the following;

(1) Transporters are required to pay an annual registration fee to the commission based upon the total weight or volume of untreated medical waste transported. Mobile treatment unit owners or operators are required to pay an annual fee to the commission based upon the total weight of medical waste treated on-site under each registration by rule.

(2) The amount of the annual fee shall be based upon the total weight or volume of untreated medical waste transported under each registration by rule for transporters or total weight of medical waste treated on-site under each mobile treatment unit registration by rule.

(3) The annual fees shall be determined as follows.

(A) For a total annual weight transported of 1,000 pounds of medical waste or less, the fee is $100.

(B) For a total annual weight transported greater than 1,000 pounds of medical waste but equal to or less than 10,000 pounds of medical waste, the fee is $250.

(C) For a total annual weight transported greater than 10,000 pounds of medical waste but equal to or less than 50,000 pounds of medical waste, the fee is $400.

(D) For a total annual weight transported greater than 50,000 pounds of medical waste, the fee is $500.

(E) For all medical waste reported on a volume basis, the fee is $500.

(4) Fees assessed in subsection (a) of this section by the executive director shall be paid by the registrant within 30 days of the date of the billing statement and shall be submitted in the form of a check or money order made payable to the agency cashier.

Source Note: The provisions of this §326.87 adopted to be effective May 26, 2016, 41 TexReg 3697