(a) It is the purpose of this subchapter to establish an industrial
solid waste and hazardous waste fee program. Under this program the following
fees are imposed:
  (1) an annual fee on each generator of Class 1 industrial solid
waste or hazardous waste;
  (2) an annual fee on each facility which either holds a Class
1 industrial solid waste or hazardous waste permit or operates Class 1 industrial
solid waste or hazardous waste management units subject to permit authorization;

  (3) a fee on the operator of a commercial solid waste disposal
facility for Class 1 industrial waste which is disposed on site by the facility;

  (4) a fee on the operator of a hazardous waste storage, processing,
or disposal facility for hazardous waste which is managed on site by the facility;
and
  (5) a fee on each application for a permit for an industrial
solid waste or hazardous waste facility assessed under §305.53 of this
title (relating to Application Fees).
(b) Hazardous and solid waste fees fund.
  (1) The hazardous and solid waste fees fund shall be used for
the purpose of regulation of industrial solid waste and hazardous waste, including
payment to other state agencies for services provided under contract relating
to enforcement of the Texas Health and Safety Code, Chapter 361.
  (2) The fund shall consist of:
    (A) generation fees assessed under §335.323 of this title
(relating to Generation Fee Assessment);
    (B) facility fees assessed under §335.324 of this title
(relating to Facility Fee Assessment);
    (C) hazardous waste management fees and Class 1 industrial
waste disposal fees assessed and apportioned under §335.325 of this title
(relating to Industrial Solid Waste and Hazardous Waste Management Fee Assessment);

    (D) application fees assessed under §305.53 of this title;
and
    (E) interest penalties for late payment of industrial solid
waste and hazardous waste fees imposed by §335.331 of this title (relating
to Failure to Make Payment or Report).
(c) Hazardous and solid waste remediation fee fund.
  (1) The hazardous and solid waste remediation fee fund shall
be used for the purpose of the following:
    (A) necessary and appropriate removal and remedial action at
sites at which solid waste or hazardous substances have been disposed if funds
from a liable party, independent third party, or the federal government are
not sufficient for the removal or remedial action;
    (B) necessary and appropriate maintenance of removal and remedial
actions for the expected life of those actions if funds from a liable party
have been collected and deposited in the fund for that purpose or if funds
from a liable party, independent third party, or the federal government are
not sufficient for the maintenance;
    (C) expenses related to complying with the federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42 United
States Code §§9601 et seq.) as amended, the federal Superfund Amendments
and Reauthorization Act of 1986 (10 United States Code §§2701 et
seq.), and the Texas Health and Safety Code, Chapter 361, Subchapters F and
I;
    (D) expenses concerning the regulation and management of household
hazardous substances and the prevention of pollution of the water resources
of the state from the uncontrolled release of hazardous substances; and
    (E) expenses concerning the cleanup or removal of a spill,
release, or potential threat of release of a hazardous substance where immediate
action is appropriate to protect human health and the environment.
  (2) The fund shall consist of:
    (A) hazardous waste management fees and Class 1 industrial
waste disposal fees assessed and apportioned under §335.325 of this title;

    (B) interest and penalties imposed under §335.331 of this
title (relating to Failure to Make Payment or Report);
    (C) money paid by a person liable for facility cleanup and
maintenance under provisions of the Texas Health and Safety Code, §361.197;

    (D) interest received from the investment of the fund in accounts
under the charge of the treasurer; and
    (E) monies collected on behalf of the commission or transferred
from other agencies under any applicable provisions of the Texas Health and
Safety Code, including §361.138 concerning fees on lead-acid batteries,
or grants from any person made for the purpose of remediation of facilities
under the Texas Health and Safety Code, Chapter 361.
(d) Waste management fees collected under §335.325 of
this title shall be credited to the funds of the state as follows.
  (1) One quarter, or 25%, of the waste management fee collected
from a commercial waste storage, processing, or disposal facility shall be
credited to the hazardous and solid waste fees fund to be distributed to the
county in which the facility paying the fee is located. Funds due the affected
county shall be paid by the commission within 60 days of the receipt and verification
of payments from a commercial hazardous waste facility in the county.
  (2) The remaining amount of commercial waste management fees
and the total amount of noncommercial waste fees shall be deposited as follows.

    (A) One half, or 50%, of each amount shall be credited to the
hazardous and solid waste remediation fee fund.
    (B) One half, or 50%, of each amount shall be credited to the
hazardous and solid waste fees fund.


Source Note: The provisions of this §335.321 adopted to be effective October 31, 1985, 10 TexReg 4090; amended to be effective July 3, 1986, 11 TexReg 2894; amended to be effective January 5, 1988, 12 TexReg 4844; amended to be effective September 12, 1990, 15 TexReg 4957; amended to be effective March 19, 1992, 17 TexReg 1737; amended to be effective February 16, 1994, 19 TexReg 802; amended to be effective November 15, 2001, 26 TexReg 9135