1. (a) Disposal facilities and processes.

   1. (1) Municipal solid waste fee report frequency, report form, and report information.

      1. (A) Report frequency. Quarterly, each disposal facility or process operator shall report to the commission the information requested on the report form for the appropriate reporting period including the amount of source separated yard waste converted to compost or product for composting. Annually, the operator shall submit a summary of the information to show the yearly totals and year-end status of the facility or process, as requested on the report form, for the appropriate reporting period. An operator shall file a separate report for each facility which has a unique permit, permit application number, or registration number.
      2. (B) Report form. The report shall be on a form furnished by the commission or reproduced from a form furnished by the commission. Forms reproduced by the facility operator are not recommended because each report form for each reporting period will have two unique numbers on each form. One number will specifically identify the facility for which the report is made; the other number will specifically identify the individual form. To use the wrong form, or the form intended for a different reporting period, will automatically make the data incorrect for that facility report. The operator will receive one form from the commission for each facility or process prior to the due date. The operator must assure that the data entered on the form are applicable for the particular facility and period for which the data are reported.
      3. (C) Report information. In addition to a statement of the amount of waste received for processing or disposal, the report shall contain other information requested on the form, including the facility operator's name, address, and phone number; the permit number, permit application number, or registration number; the facility type, size, and capacity; and other information the commission may request.

   2. (2) Reporting units. The amount of waste received for processing or disposal shall be reported in short tons (2,000 pounds) or in cubic yards as received (compacted or uncompacted) at the gate. If accounting of the waste is recorded in cubic yards, then separate accounting must be made for waste that comes to the facility in open vehicles or without compaction, and waste that comes to the facility in compactor vehicles. If scales are not utilized and accounting of the waste received is in cubic yards, gallons, or drums then those volumetric units may be converted to tons for reporting purposes, using the conversion factors set forth in subparagraphs (A) and (B) of this paragraph.

      1. (A) General weight/volume conversion factors for various types of waste shall be as follows:

         1. (i) one ton = 2,000 pounds;
         2. (ii) one gallon = 7.5 pounds (grease trap waste);
         3. (iii) one gallon = 8.5 pounds (wastewater treatment plant sludge or septage);
         4. (iv) one gallon = 9.0 pounds (grit trap waste); and
         5. (v) one drum = 55 gallons.

      2. (B) Conversion factors to be used for waste transport vehicles relative to waste volume and weight in vehicles shall be as follows:

         1. (i) one cubic yard = 400 pounds (no compaction);
         2. (ii) one cubic yard = 666.66 pounds (medium compaction); and
         3. (iii) one cubic yard = 800 pounds (heavy compaction).
   3. (3) Use of population equivalent. In determining the amount of waste deposited in a landfill serving less than 5,000 people or the amount of waste processed for disposal at a processing facility serving less than 5,000 people, the owner/operator may use the number of tons calculated or derived from the population served by the facility in lieu of maintaining records of the waste deposited at the facility. The amount of waste shall be calculated on the basis of one ton per person per year. The report shall document the population served by the facility and reflect any changes since the previous report.

   4. (4) Reporting units for beneficial land use application sites. Wastewater treatment plant sludge and septage received for disposal at registered beneficial use land application sites in vacuum or closed tank trucks may be reported in dry weight equivalent units, provided the site operator either produces satisfactory documentation indicating the percent solids present in the received waste materials or uses the dry weight/volume conversion factors set forth in subparagraphs (A) and (B) of this paragraph:

      1. (A) one gallon = 0.5 pounds (sludge--dry weight equivalent); and
      2. (B) one gallon = 0.3 pounds (septage--dry weight equivalent).
   5. (5) Method of submission. The required report shall be delivered or mailed to the Texas Natural Resource Conservation Commission to the return address designated by the commission in the billing statement distributed quarterly.
   6. (6) Method of submission. The required report shall be delivered or mailed to the Texas Natural Resource Conservation Commission to the return address designated by the commission in the billing statement distributed quarterly.
   7. (7) Penalties. Failure of the facility or process operator to submit the required report by the due date shall be sufficient cause for the commission to revoke the permit or registration and authorization to process or dispose of waste. The commission may assess interest penalties for late payment of fees and may also assess penalties (fines) in accordance with the Health and Safety Code, §361.252 (concerning Administrative Penalties by Commission) or take any other action authorized by law to secure compliance.

2. (b) Facilities and processes not for disposal. Facilities and processes not for disposal (as defined in §330.602(c) of this title (relating to Fees)) are subject to reporting requirements but are not required to pay a fee.

   1. (1) Municipal solid waste annual summary report frequency, report form, and report information.

      1. (A) Report frequency. Annually, each facility or process operator shall report to the commission the information requested on the report form for the appropriate reporting period. An operator shall file a separate report for each facility which has a unique permit, permit application number, or registration number.
      2. (B) Report form. The form of the report shall be in accordance with subsection (a)(1)(B) of this section.
      3. (C) Report information. The information in the report shall be in accordance with subsection (a)(1)(C) of this section.
   2. (2) Reporting units. The units used in reporting shall be in accordance with subsection (a)(2) of this section.
   3. (3) Use of population equivalent. The use of the population equivalent method of reporting waste received or processed shall be in accordance with subsection (a)(3) of this section.
   4. (4) Report due date. The required annual report shall be submitted to the commission not later than 45 days following the calendar year for which the report is applicable.
   5. (5) Method of submission. The required report shall be delivered or mailed to the Texas Natural Resource Conservation Commission and delivered or mailed to the return address designated by the commission in the billing statement distributed quarterly.
   6. (6) Penalties. Failure of the facility or process operator to submit the required report by the due date shall be sufficient cause for the commission to revoke the permit or registration and authorization to process or dispose of waste. The commission may assess interest penalties for late payment of fees and may also assess penalties (fines) in accordance with the Health and Safety Code, §361.252 (concerning Administrative Penalties by Commission) or take any other action authorized by law to secure compliance.

Source Note:The provisions of this §330.603 adopted to be effective May 1, 1990, 15 TexReg 2169; amended to be effective April 15, 1991, 16 TexReg 1881; amended to be effective February 21, 1992, 17 TexReg 1097; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective May 4, 1994, 19 TexReg 3065; amended to be effective January 7, 1999, 24 TexReg 141.