(a) An annual facility fee is hereby assessed on each permittee who holds one or more Class 1 industrial solid waste or hazardous waste permits and each facility operating a Class 1 industrial solid waste or hazardous waste management unit subject to permit authorization. These fees shall be deposited in the hazardous and solid waste fees fund. The fee for each year is assessed on each facility for which a permit or the requirement to comply with permit authorization is in effect during any part of the fiscal year. For wholly unbuilt permitted facilities, the annual fee shall be assessed according to subsection (d) of this section. A wholly unbuilt facility means a permitted Class 1 industrial solid waste or hazardous waste facility that has not initiated any physical construction and does not mean unbuilt storage, processing or disposal units within an existing facility. Physical construction means excavation, movement of earth, erection of forms or structures, or similar activity to prepare a facility to accept industrial solid waste or hazardous waste.
(b) An applicant who has, prior to September 1, submitted an affidavit of exclusion from permit requirements, shall not be subject to the annual facility fee, pending a decision by the commission on the affidavit of exclusion. If the commission determines that the facility is subject to the permit requirement, the applicant shall pay the fee within 30 days or is subject to the penalties for late payment established under §335.331 of this title (relating to Failure to Make Payment or Report).
(c) An applicant who files an affidavit after September 1 shall be subject to the annual facility fee for the billing year in which the affidavit is filed. The applicant shall not be subject to the annual facility fee for the following year, pending a decision by the commission on the affidavit of exclusion. If the commission determines that the facility is subject to the permit requirement, the applicant shall pay the fee within 30 days or is subject to the penalties for late payment established herein.
(d) The annual facility fee assessed is the cumulative total of fees for all Class 1 industrial solid waste or hazardous waste management units at the facility which are authorized by permit or subject to authorization on September 1, 1991, and September 1 of each year thereafter. The minimum fee for each hazardous waste facility shall be $2,500. The maximum fee for each hazardous waste facility shall be $25,000. The minimum fee for each facility authorized to manage only nonhazardous waste shall be $500 and the maximum fee $5,000. The annual fee for wholly unbuilt Class 1 industrial solid waste facilities shall be $500 and the annual fee for wholly unbuilt hazardous waste facilities shall be $2,500. A permittee shall be responsible for facility fees as required by subsection (i) of this section when any physical construction is initiated. This rule shall apply retroactively to all facility fees for wholly unbuilt Class 1 industrial solid waste facilities or wholly unbuilt hazardous waste facilities due during the four years preceding the effective date of this rule.
(e) A fee under this section for storage or processing in tanks or containers will not be assessed against the owner or operator of an elementary neutralization unit or wastewater treatment unit exempt from the requirement of a permit under §335.41(d) of this title (relating to Purpose, Scope, and Applicability).
(f) An "other unit," for the purposes of subsection (i) of this section, is an incinerator, thermal processing unit, or other processing unit, not otherwise listed in subsection (i) of this section, used for waste reduction, recycling, or hazard reduction and subject to compliance with permit requirements.
(g) For facilities which require post-closure care permits, the fee for a closed unit shall apply. A fee is assessed for each unit which received waste after January 26, 1983, and which has been closed pursuant to an approved closure plan and which is subject to the post-closure care permit requirements. Disposal units which are closed in a manner such that all hazardous wastes and hazardous constituents are removed pursuant to an approved closure plan are not subject to the fee.
(h) The facility fee assessment in subsection (i)(2)-(5) of this section shall be based on the surface area of the waste management unit in which the storage, treatment or disposal of waste has been authorized.
(i) Facility fees shall be assessed according to the following schedule.
Attached Graphic

Source Note: The provisions of this §335.324 adopted to be effective October 31, 1985, 10 TexReg 4085; amended to be effective July 3, 1986, 11 TexReg 2894; amended to be effective September 1, 1986, 11 TexReg 3697; amended to be effective January 5, 1988, 12 TexReg 4844; amended to be effective March 19, 1992, 17 TexReg 1737; amended to be effective December 22, 1999, 24 TexReg 11514