SECTION 338.22. Fees for Aboveground Storage Vessels

(a) Purpose. This section establishes a fee in amounts sufficient to recover the reasonable costs to:

(1) implement a registration program for affected facilities;

(2) review of any certifications submitted under §338.21 of this title (relating to Certification);

(3) inspect sites/facilities regulated under this chapter; and

(4) enforce compliance with applicable standards of §338.5 of this title (relating to Standards).

(b) Fee assessment.

(1) The executive director will assess fees for each aboveground storage vessel subject to §338.20 of this title (relating to Registration) up to a maximum fee of $2,000.00.

(2) The owner or operator must pay the registration fee upon initial registration and annually.

(3) The executive director will bill the owner or operator for the aboveground storage vessels on their site(s) annually. The owner or operator shall pay all fees by check, money order, electronic funds transfer, or through the executive director's payment portal. The owner or operator shall make any payments payable to the Texas Commission on Environmental Quality. If the executive director does not receive assessment by the invoice due date, the executive director shall assess penalties and interest for the late payment of fees in accordance with Chapter 12 of this title (relating to Payment of Fees).

(4) The executive director may adjust fees up to the maximum in this subsection, on an annual basis, and will notify fee payers through an appropriate notification process, such as but not limited to Texas Register publication with public comment. The executive director may adjust fees in this subsection in amounts sufficient to recover the reasonable costs to:

(A) implement a registration program for affected facilities;

(B) review initial and ten-year certifications;

(C) amend certifications;

(D) inspect certified facilities; and

(E) enforce compliance with applicable standards of Texas Water Code §26.3442 and rules and orders adopted under those subsections.

(5) Regardless of actual billing date, the executive director will base the billing for registration fees on aboveground storage vessels listed on the registration as of September 1 of each year.

(6) Cancellation of a registration, whether by voluntary action on the part of the owner or as a result of involuntary proceedings initiated by the executive director, will not constitute grounds for refund, in whole or in part, of any fee paid under this section.

(7) Transfer of facility ownership will not entitle the transferring entity to a refund, in whole or in part of any fee already paid under this section. The executive director may not process a transfer request until the owner or operator has paid in full all fees owed to the commission by the owner or operator or for the registered aboveground storage vessels. Any owner or operator to whom a registration is transferred shall be liable for payment of any associated outstanding fees and penalties owed to the commission.

Source Note: The provisions of this §338.22 adopted to be effective August 24, 2023, 48 TexReg 4487