(a) Any compost or product for composting that is not used as compost and is deposited in a landfill or used as daily landfill cover is not exempt from fees due under §330.673 of this title (relating to Fees). In order to be eligible to receive a refund authorized by this subsection, the operator of the facility must submit to the executive director a composting plan and receive written approval of the plan by the executive director.

(b) The operator of a public or privately owned municipal solid waste facility is entitled to a refund of up to 15% of the solid waste fees collected under §330.673 of this title if:

(1) the refunds are used to lease or purchase and operate equipment necessary to compost yard waste or to contract for the on-site composting of yard waste;

(2) composting operations are actually performed; and

(3) the finished compost material produced by the facility is returned to beneficial reuse.

(c) The amount of refund authorized by this subsection shall increase to up to 20% of the total solid waste fees collected by the facility if, in addition to composting the yard waste, the operator of the facility voluntarily bans the disposal of yard waste at the facility.

(d) The total amount of the refund authorized by this subsection shall be limited to the amount identified in the facility's composting plan.

(e) The composting refund is collectable beginning on the date that the first composting operations occur in accordance with the approved composting plan. The executive director will normally allow the composting refund to be applied as a credit against fees required to be collected under §330.673 of this title. The operator is entitled to a refund of a percentage of the fees collected by the facility on or after the date that the executive director approves the composting plan.

(f) The executive director shall conduct an annual assessment of the composting operation to ensure composting activities are conducted in accordance with the approved composting plan. Failure to comply with the composting plan may result in the suspension of the composting refund.

Source Note: The provisions of this §330.677 adopted to be effective March 27, 2006, 31 TexReg 2502