(a) Purpose and scope.

(1) The purpose of this section is to establish fees for services provided by the commission to public water systems.

(2) The commission will provide services to public water systems, as follows: (A) scheduling of analysis of drinking water for chemical content; (B) collection of samples of drinking water for chemical analyses; (C) review system data for evaluation of sampling waivers; (D) inspect public water systems; (E) review plans for new systems and major improvements to existing systems; and (F) provide technical assistance as needed.

(3) The fees which the commission will charge for services provided to community and nontransient noncommunity water systems under this subsection will be according to the following schedule. (A) For a system with fewer than 25 connections, the fee will be an amount up to a maximum of $200. (B) For systems with 25 - 160 connections, the fee will be an amount up to a maximum of $300. (C) For a system with greater than or equal to 161 connections, the fee will be an amount up to a maximum of $4.00 per connection. (i) The number of connections will be determined from data collected from the latest agency inspection report. (ii) All nontransient noncommunity systems, state, federal, and other community water system installations determined by the commission to serve large populations through a few connections will have the number of connections for fee purposes determined by dividing the population served by a value of ten. (iii) Examples of such installations include, but are not limited to, universities, children's homes, correctional facilities, and military facilities which generally do not bill customers for water service.

(4) New public water systems will not be assessed a fee for services until water is supplied to the first connection.

(5) The commission will charge a fee of $100 for services provided to noncommunity water systems which are not addressed in paragraph (3) of this subsection.

(6) All fees are due by January 1 of each year, shall be paid by check, money order, electronic funds transfer, or through the agency's payment portal, and shall be made payable to the Texas Commission on Environmental Quality. Penalties and interest for the late payment of fees shall be assessed in accordance with Chapter 12 of this title (relating to Payment of Fees).

(b) Failure to make payments as required under this section will subject the violator to the penalty provisions of the Texas Health and Safety Code, Chapter 341, Subchapter C.

(c) The commission may adjust the fee rates in subsection (a) of this section through an appropriate notification process, such as, but not limited to, Texas Register publication, based on the agency's cost of administering the water programs.

Source Note: The provisions of this §290.51 adopted to be effective December 21, 1993, 18 TexReg 9105; amended to be effective February 14, 1997, 22 TexReg 1323; amended to be effective December 30, 2001, 26 TexReg 10616; amended to be effective July 30, 2009, 34 TexReg 4893; amended to be effective June 2, 2016, 41 TexReg 3906