(a) Complaints and investigations.
  (1) The executive director or his designated representatives may enter a facility at reasonable times to conduct compliance inspections. Advance notice is not required. It is a violation of this chapter for a person to interfere with, deny, or delay an inspection or investigation conducted by a commission representative.
  (2) The executive director or his designated representative shall investigate in a timely manner a complaint relating to an alleged violation of the Manufacturing Facility Community Right-To-Know Act (Texas Health and Safety Code (THSC), Chapter 505 (505 Act)), the Public Employer Community Right-To-Know Act (THSC, Chapter 506 (506 Act)), the Nonmanufacturing Facilities Community Right-To-Know Act (THSC, Chapter 507 (507 Act)) or this chapter. An inspection based on a complaint is not limited to the specific allegations of the complaint. A facility operator who refuses to allow such an investigation shall be in violation of this chapter.
  (3) The commission may find multiple violations by a facility operator based on specific requirements of the 505 Act, the 506 Act, the 507 Act or this chapter.
  (4) Upon request from a representative of the executive director, a facility operator shall make or allow photocopies of documents to be made and permit the representative to take photographs to verify the compliance status of the employer. Such requests may be made during a compliance inspection or a follow-up request after an inspection.
(b) Enforcement.
  (1) A facility operator may not violate the 505 Act, the 506 Act, the 507 Act, commission rules, or an order issued by the commission.
  (2) The commission shall enforce the rules in this chapter under Texas Water Code, Chapter 7, including by issuing an administrative order that assesses a penalty or orders a corrective action.
(c) Fees.
  (1) Fees for Tier II Annual Reports and Tier II Initial Reports are based on the number of hazardous or extremely hazardous substances present at each facility.
    (A) For a manufacturing facility:
      (i) $100 for each facility having no more than 25 hazardous or extremely hazardous substances;
      (ii) $200 for each facility having no more than 50 hazardous or extremely hazardous substances;
      (iii) $300 for each facility having no more than 75 hazardous or extremely hazardous substances;
      (iv) $400 for each facility having no more than 100 hazardous or extremely hazardous substances; or
      (v) $500 for each facility having more than 100 hazardous or extremely hazardous substances.
    (B) For a public employer facility:
      (i) $50 for each facility having no more than 75 hazardous or extremely hazardous substances; or
      (ii) $100 for each facility having more than 75 hazardous or extremely hazardous substances; and
      (iii) Tier II Initial Reports for public employers will not be charged a fee.
    (C) For a nonmanufacturing facility:
      (i) $50 for each facility having no more than 75 hazardous or extremely hazardous substances; or
      (ii) $100 for each facility having more than 75 hazardous or extremely hazardous substances.
  (2) For the purpose of minimizing fees, the department shall provide for consolidated submission fees for Tier II Reports containing multiple facilities if:
    (A) each of the consolidated facilities within the Tier II Report contain fewer than 25 hazardous or extremely hazardous substances;
    (B) the Tier II Report is submitted by a single facility operator; and
    (C) the number of facilities within the Tier II Report to be consolidated are:
      (i) for manufacturing facilities, each two facilities; or
      (ii) for nonmanufacturing facilities, each three facilities; or
      (iii) for public employer facilities, each seven facilities.
  (3) If a facility has multiple North American Industrial Classification System codes that fall within both the manufacturing and nonmanufacturing range, the facility will be considered a manufacturing facility for fee assessing purposes.
  (4) Fees will be invoiced by the commission and shall be paid in accordance with Chapter 12 of this title (relating to Payment of Fees).

Source Note: The provisions of this §325.4 adopted to be effective November 26, 2020, 45 TexReg 8348