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

   1. (1) Annual fee--A fee charged to each person holding a registration or permit pursuant to the commission's authority in the Texas Health and Safety Code, Chapter 361, or a permit issued pursuant to the commission's authority in the 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. (2) Reported--Information compiled and submitted to the commission 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. (3) Payment--Receipt by the commission of the full amount of the annual fee(s) due.

2. (b) Except as provided in subsection (f) of this section, the amount of the annual fee which is assessed is determined by weight of solids disposed of and reported to the commission as of September 1, of each year. Failure to report the disposal of sewage sludge or water treatment sludge does not exempt a registrant or permitted from this fee. The fees shall be as follows.

   1. (1) The minimum fee assessed against each registration or permit is $100, regardless of whether the site is active or inactive.
   2. (2) When water treatment sludge is mixed with a Class B sewage sludge or when sewage sludge that is classified as Class B is applied to the land for beneficial use as described in Subchapter B of this chapter (relating to Land Application) the fee shall be $0.75 per dry ton.
   3. (3) When sewage sludge or water treatment sludge is applied to a site for disposal and the disposal was authorized by the commission or predecessor agency prior to the October 1, 1995, the fee shall be $1.25 per dry ton.
   4. (4) When sewage sludge is applied to a site for disposal or when water treatment sludge is applied to a site for disposal and the activity requires a permit as specified in Subchapter F of this chapter (relating to Disposal of Water Treatment Sludge), and the disposal is authorized by the commission or predecessor agency on October 1, 1995 or thereafter, the fee shall be $1.25 per ton.
   5. (5) When water treatment sludge is applied to a site for disposal and the activity does not require a permit as specified in Subchapter F of this chapter, the fee shall be $0.20 per dry ton.
   6. (6) When sewage sludge is fired in a sewage sludge incinerator as described in Subchapter E of this chapter (relating to Guidelines And Standards for Sludge Incineration) the fee shall be $1.25 per dry ton.

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

   1. (1) For a total annual volume transported of 10,000 gallons (50 cubic yards) or less the fee is $100.
   2. (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. (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. (4) For a total annual volume transported of greater than 200,000 gallons (1,000 cubic yards) the fee is $500.
4. (d) Fees assessed in subsection (b) of this section shall be paid, by the registrant or permittee after being billed by the executive director, prior to October 1, of each year. Fees assessed in subsection (c) of this section shall be paid by the registrant after billing by the executive director, prior to September 1, of each year. Fees shall be paid by check, certified check, or money order payable to the Texas Natural Resource Conservation Commission (TNRCC). 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).
5. (e) Failure of the registrant or permittee to submit the required fee payment 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.
6. (f) No fee will be assessed for sewage sludge or water treatment sludge composted with source separated yard waste at a composting facility, including a composting facility located at a permitted landfill site. This subsection does not apply if it is not used as compost and is deposited in a surface disposal site or landfill.

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.