(a) The fee calculation is based on the authorized limits contained in wastewater permits and water rights as of September 1 each year, without regard to the actual amount or quality of effluent discharged or the actual amount of water used.
(b) Assessment for wastewater permits.
  (1) An annual fee is assessed against each person holding a wastewater permit. A separate fee is assessed for each wastewater permit.
  (2) The maximum fee which may be assessed any permit, including an aquaculture permit, is the amount, if any, set forth in Texas Water Code (TWC), Chapter 26. The minimum fee for an active permit is $1,250. The minimum fee for an inactive permit is $620.
  (3) In assessing a fee under this chapter, the commission considers the following factors:
    (A) flow volume, and type;
    (B) traditional pollutants;
    (C) toxicity rating;
    (D) storm water discharge;
    (E) major designation;
    (F) active or inactive status;
    (G) discharge or retention;
    (H) the designated uses and ranking classification of waters affected by waste discharges; and
    (I) the costs of administering the following commission programs:
      (i) water quality administration, including inspection of waste treatment facilities and enforcement of the provisions of TWC, Chapter 26, the rules and orders of the commission, and the provisions of commission permits governing waste discharges and waste treatment facilities;
      (ii) the Texas Clean Rivers Program, under TWC, §26.0135, which monitors and assesses water quality conditions that support water quality management decisions necessary to maintain and improve the quality of the state's water resources (as defined in TWC, §26.001(5)).
  (4) For the purpose of fee calculation, chemical oxygen demand (COD) and total organic carbon (TOC) are converted to biochemical oxygen demand (BOD) values and the highest value is used for fee calculation. The conversion rate for TOC is three pounds of TOC is equal to one pound of BOD (3:1). The conversion rate for COD is eight pounds of COD is equal to one pound of BOD (8:1).
  (5) Fee rate schedule. Except as provided in paragraph (6) of this subsection, the fee shall be determined as the sum of the following factors:
    (A) contaminated flow, an amount up to a maximum of $1,090 per million gallons per day (mgd);
    (B) uncontaminated flow, an amount up to a maximum of $18 per mgd;
    (C) traditional pollutants, an amount up to a maximum of $23 per pound per day;
    (D) toxic rating for industrial discharges:
      (i) Group I, an amount up to a maximum of $310;
      (ii) Group II, an amount up to a maximum of $1,090;
      (iii) Group III, an amount up to a maximum of $1,640;
      (iv) Group IV, an amount up to a maximum of $2,460;
      (v) Group V, an amount up to a maximum of $4,910; and
      (vi) Group VI, an amount up to a maximum of $9,830;
    (E) major permit designation, an amount up to a maximum of $3,120; and
    (F) storm water authorization, an amount up to a maximum of $780.
  (6) For the types of permits listed in this paragraph, these additional guidelines will apply in determining the fee assessment.
    (A) Land application (retention) permits. The fee assessed a land application permit shall be 50% of that calculated under paragraph (5) of this subsection. However, in no event shall the fee for an active land application permit be less than $1,250 per year.
    (B) Inactive permits. The fee assessed an inactive permit shall be 50% of that calculated under paragraph (5) of this subsection. In the event an inactive permit is for a land application operation, the fee assessed shall be 25% of that calculated under paragraph (5) of this subsection. However, in no event shall the fee for an inactive permit be less than $620 per year.
    (C) Storm water only permits. The fee for an active permit which authorizes discharge of storm water only, with no other wastewater, is an amount up to a maximum of $780.
    (D) Aquaculture permits.
      (i) In determining the flow volume to be used in fee calculation for an aquaculture production facility under paragraph (5) of this subsection, the flow for the facility shall be the facility's permitted annual average flow, or the facility's projected annual average flow if the permit does not have an annual average flow limitation.
      (ii) If the facility's permit does not have an annual average flow limitation, the facility's projected annual average flow for the upcoming period from September 1 to August 31 shall be submitted to the executive director by June 30 preceding the fee year and shall be signed and certified as required by §305.44 of this title (relating to Signatories to Applications), and that amount will be used for fee calculation.
      (iii) The maximum annual fee for aquaculture production facilities is the amount, if any, set forth in TWC, Chapter 26.
  (7) A multiplier may be applied to adjust the total fee per permit, which would also adjust the total assessment for all permits under the Water Quality Fee Program. The multiplier will be an amount up to a maximum of 1.75. As part of the approval of the annual operating budget, the executive director shall report to the commission the multiplier that will be applied for the upcoming fiscal year.
(c) Assessment for water rights.
  (1) An annual fee is assessed against each person holding a water right, except for those exemptions specified in this section. A separate fee is assessed for each water right. These fees do not apply to water uses, including domestic and livestock use, which are exempt from the need for authorization from the commission under TWC, Chapter 11.
  (2) This fee will apply to all municipal or industrial water rights, or portions thereof, not directly associated with a facility or operation which is assessed a fee under subsection (b) of this section, and to all other types of water rights except agriculture water rights and certain hydroelectric water rights described in paragraph (5) of this subsection.
  (3) The fee for each water right authorizing diversion of more than 250 acre-feet per year for consumptive use shall be $.385 per acre-foot.
  (4) An authorization to impound water will be assessed a fee only when there is no associated consumptive use authorized, and then the fee will be calculated at the non-consumptive rate described in paragraph (5) of this subsection.
  (5) The fee for water rights for non-consumptive use above 2,500 acre feet per year, including hydropower purposes, shall be $.021 per acre-foot. The fee shall not be assessed against a holder of a non-priority hydroelectric right who owns or operates privately-owned facilities which collectively have a capacity of less than two megawatts.
  (6) Water which is authorized in a water right for consumptive use, but which is designated by a provision in the water right as unavailable for use, may be exempted from the assessment of a fee under paragraph (3) of this subsection.

Source Note: The provisions of this §21.3 adopted to be effective October 6, 2002, 27 TexReg 9356; amended to be effective July 30, 2009, 34 TexReg 4867