(a) Fee assessments.
  (1) Except as provided in subsection (e) of this section, an annual facility fee of $25 will be assessed by the agency for each aboveground storage tank (AST) subject to the registration provisions of §334.127 of this title (relating to Registration for Aboveground Storage Tanks (ASTs)).
  (2) All annual facility fees will be billed to, and must be payable by, the owner of the AST.
  (3) Payment of annual facility fees is due no later than 30 days after the date the agency mails a statement of the assessment to the tank owner.
  (4) Annual facility fees must be paid by check, certified check, or money order made payable to the Texas Commission on Environmental Quality. Payments must be mailed to the address specified in the billing statement.
(b) Billing schedule.
  (1) The agency will establish a schedule for the billing of annual facility fees.
  (2) Regardless of the actual billing date, the total amount of annual facility fees billed to and payable by an owner will be based on the total number of regulated ASTs in place on or after the first day of each fiscal year (September 1).
(c) Failure to make payment.
  (1) Annual facility fees must be paid at the time and in the manner and amount provided by this section.
  (2) The agency will 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).
(d) Disposition of fees, interest, and penalties. As required by the Texas Water Code (TWC), §26.358(g), the agency will 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.
(e) Exception. An annual facility fee shall cease to be assessed, effective September 1, 2007, and shall not be assessed until such time as reinstated by the commission at an amount determined appropriate by the commission, however, prior owing tank fees are still due as previously described. In addition, at such time as the annual facility fee is reinstated by the commission, it will not be assessed for an AST which is owned by a common carrier railroad, as provided in the TWC, §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; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective October 30, 2008, 33 TexReg 8790