1. (a) Fee assessments.

   1. (1) Except as provided in subsection (e) of this section, an annual facility fee of $25 shall be assessed by the commission for each aboveground storage tank subject to the registration provisions of §334.127 of this title (relating to Registration for ASTs).
   2. (2) All annual facility fees shall be billed to, and shall be payable by, the owner of the aboveground storage tank.
   3. (3) Payment of annual facility fees is due no later than 30 days after the date the executive director mails a statement of the assessment to the tank owner.
   4. (4) Annual facility fees must be paid by check, certified check, or money order made payable to the "Texas Natural Resource Conservation Commission." Payments must be mailed to the address specified in the billing statement.

2. (b) Billing schedule.

   1. (1) The executive director shall establish a schedule for the billing of annual facility fees.
   2. (2) Regardless of the actual billing date, the total amount of annual facility fees billed to and payable by an owner shall be based on the total number of regulated aboveground storage tanks in place on or after the first day of each fiscal year (September 1).

3. (c) Failure to make payment.

   1. (1) Annual facility fees must be paid at the time and in the manner and amount provided by this section.
   2. (2) The executive director shall impose interest and penalties on owners who fail to make payment of the annual facility fees assessed under this section when due in accordance with Chapter 12 of this title (relating to Payment of Fees).
4. (d) Disposition of fees, interest, and penalties. As required by the Texas Water Code, §26.358(g), the commission shall deposit all annual facility fees collected, together with all interest and penalties collected for late payment, in the state treasury to the credit of the storage tank fund.
5. (e) Exception. An annual facility fee shall not be assessed for an aboveground storage tank which is owned by a common carrier railroad, as provided in the Texas Water Code, §26.344(g).

Source Note:The provisions of this §334.128 adopted to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective February 14, 1997, 22 TexReg 1328.