The operator shall submit all of the following.
  (1) Permit application form. The operator shall submit a permit application, available from the executive director, and prepared in accordance with the requirements of §332.47 of this title (relating to Permit Application Preparation).
  (2) Reports.
    (A) Final products.
      (i) Monthly reports. Facilities requiring permit must submit reports on final product testing to the executive director in compliance with §332.71(j)(1) of this title (relating to Sampling and Analysis Requirements for Final Product) on a monthly basis.
      (ii) Annual reports. The operator shall submit annual written reports. These reports shall at a minimum include input and output quantities, a description of the end-product distribution, and all results of any required laboratory testing. A copy of the annual report shall be kept on-site for a period of five years.
    (B) Received materials. All permitted facility operators are required to submit reports to the executive director covering the types and amounts of waste processed at the facility.
      (i) Quarterly reports. Each processing facility shall report to the executive director the information requested on the report form for the reporting period including the amount of source-separated material processed to compost or mulch product.
      (ii) Annual reports. Each processing facility shall report to the executive director a summary of the quarterly totals and yearly total, as well as the year-end status of the facility.
      (iii) Report form. The report shall be on a form furnished by the executive director or reproduced from a form furnished by the executive director or by an electronic form or format furnished by the executive director.
      (iv) Report information. In addition to a statement of the amount of waste received for processing, 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; the facility type, size, and capacity; and other information the executive director may request.
      (v) Reporting units. The amount of waste received for processing shall be reported in tons 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 (I) and (II) of this clause.
        (I) General weight to volume conversion factors:
          (-a-) one ton = 2,000 pounds;
          (-b-) one gallon = 7.5 pounds (grease trap waste);
          (-c-) one gallon = 8.5 pounds (wastewater treatment plant sludge or septage);
          (-d-) one gallon = 9.0 pounds (grit trap waste); and
          (-e-) one drum = 55 gallons.
        (II) Volume to weight conversion factors for waste in transport vehicles:
          (-a-) one cubic yard = 400 pounds (no compaction);
          (-b-) one cubic yard = 666.66 pounds (medium compaction); and
          (-c-) one cubic yard = 800 pounds (heavy compaction).
      (vi) Use of population equivalent. In determining the amount of waste processed for disposal at a processing facility serving less than 5,000 people, the 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.
      (vii) Report due date. The required quarterly received materials report shall be submitted to the executive director not later than 20 days following the end of the fiscal quarter for which the report is applicable. The fiscal year begins on September 1 and concludes on August 31.
      (viii) Method of submission. The required report shall be delivered or mailed to the agency to the return address designated by the executive director in the billing statement distributed quarterly or shall be submitted electronically to the agency.
      (ix) 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 and authorization to process of waste. The commission may assess interest penalties for late payment of fees and may also assess penalties in accordance with Texas Water Code, §7.051 (Administrative Penalty) or take any other action authorized by law to secure compliance.
  (3) Fees. Each operator of a facility that processes Municipal Solid Waste is required to pay a fee to the agency for all waste received for processing. Source-separated material processed at a composting or mulch processing facility, including a composting or mulch processing facility located at a permitted landfill, is exempt from the fee requirements set forth and described in this section. The agency will credit any fee payment due under this section for any material received and processed to compost or mulch product at the facility. Any compost or mulch product that is produced at a composting or mulch processing facility that is used in the operation of the facility or is disposed of in a landfill or used as landfill daily cover is not exempt from the fee.
    (A) Fee rates.
      (i) Tons. For waste reported in tons, the fee rate is $0.47 per ton received.
      (ii) Cubic yards (compacted). For waste reported in compacted cubic yards, the fee rate is $0.15 per cubic yard received.
      (iii) Cubic yards (uncompacted). For waste reported in uncompacted cubic yards, the fee rate is $0.095 cent per cubic yard received.
      (iv) If a facility operator chooses to report the amount of waste received utilizing the population equivalent method authorized in paragraph (2)(B)(vi) of this section, the fee shall be calculated by the executive director at an amount equal to $0.47 per ton.
    (B) Measurement options. The volume or weight reported on the quarterly received materials report must be consistent throughout the report, and it must be consistent with the total amount of the waste received by a processing facility at the gate (measured in tons or cubic yards, or determined by the population equivalent method specified in paragraph (2)(B)(vi) of this section). The weight or volume of the waste received for processing shall be determined prior to processing of the waste. The recommended method for measuring and reporting waste received at the gate is in tons. The operator must accurately measure and report the number of tons or cubic yards of waste received.
    (C) Fee calculation. The fee shall be calculated by the executive director using information obtained from the quarterly received materials report. The total tonnage or cubic yards reported to the executive director in the quarterly received materials report shall be derived from gate tickets (weight or volume) or invoices, except in the case of operators who are authorized to report utilizing the population equivalent method in paragraph (2)(B)(vi) of this section, and records of recycled materials or any other information deemed relevant by the executive director. A billing statement will be generated quarterly by the executive director and forwarded to the applicable permittee or a designated representative.
    (D) Fee due date. All solid waste fees shall be due within 30 days of the date the payment is requested.
    (E) Method of payment. The required fee shall be submitted in the form of a check or money order made payable to the Texas Commission on Environmental Quality and delivered or mailed to the return address designated by the executive director in the billing statement distributed quarterly.
    (F) Penalties. Failure of the facility or process operator to submit the required fee payment by the due date shall be sufficient cause for the commission to revoke the permit and authorization to process waste. The commission may assess interest penalties for late payment of fees and may also assess penalties in accordance with Texas Water Code, §7.051, or take any other action authorized by law to secure compliance.
    (G) Exemptions. A fee will not be charged on solid waste resulting from a public entity's effort to protect the public health and safety of the community from the effects of a natural or man-made disaster or from structures that have been contributing to drug trafficking or other crimes if the disposal facility at which that solid waste is offered for disposal has donated to a municipality, county, or other political subdivision the cost of disposing of that waste.
  (4) Engineer's appointment. An engineer's appointment which consists of a letter from the applicant to the Executive Director identifying the engineer responsible for the submission of the plan, specifications, and any other technical data to be evaluated by the commission regarding the project.

Source Note: The provisions of this §332.43 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 12, 2002, 27 TexReg 8593; amended to be effective February 3, 2022, 47 TexReg 303