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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 305CONSOLIDATED PERMITS
SUBCHAPTER CAPPLICATION FOR PERMIT OR POST-CLOSURE ORDER
RULE §305.53Application Fee

(a) Except for radioactive material licenses or as specifically provided hereunder, an applicant shall include with each application a fee of $100.

  (1) The permit application fee for each disposal well which will not be authorized to receive hazardous waste is $100. The fee for each disposal well which will be authorized to receive hazardous waste is $2,000.

  (2) The permit application fee for each solid waste management facility to be used for the storage, processing, or disposal of hazardous waste, the Part B application for which was filed after September 1, 1985, shall be not less than $2,000 and not more than $50,000 as calculated in accordance with the following:

    (A) site evaluation - $100 per acre of solid waste facility up to 300 acres; no additional fee thereafter;

    (B) process analysis - $1,000;

    (C) facility unit(s) analysis - $500 per unit;

    (D) management/facility analysis - $500.

  (3) For purposes of paragraph (2)(C) of this subsection, each landfill, surface impoundment, incinerator, waste pile, tank, and container storage area shall be considered a facility unit subject to the $500 per unit fee; except that multiple storage tanks or container storage area identical in type and use will be subject to a single $500 unit fee.

  (4) The permit application fee for water use permits shall be submitted in accordance with §§295.131 - 295.140 of this title (relating to Water Use Permit Fees).

  (5) The permit application fee for mine shaft permits shall be submitted in accordance with §329.9 of this title (relating to Procedures for Applications).

  (6) The permit application fees for wastewater disposal permits shall not be less than $100 and not more than $2,000 as follows.

    (A) Agricultural permit applications fees are as follows:

      (i) minor amendments - $100; and

      (ii) new, amendment, and renewal applications - $300.

    (B) Domestic wastewater permit application fees are based upon the following flow categories:

      (i) minor amendments - $100;

      (ii) new, amendment, and renewal applications less than 50,000 gallons per day - $300;

      (iii) new, amendment, and renewal applications 50,000 to less than 100,000 gallons per day - $500;

      (iv) new, amendment, and renewal applications 100,000 to less than 250,000 gallons per day - $800;

      (v) new, amendment, and renewal applications 250,000 to less than 500,000 gallons per day - $1,200;

      (vi) new, amendment, and renewal applications 500,000 to less than 1 million gallons per day - $1,600; and

      (vii) new, amendment, and renewal applications 1 million and greater gallons per day - $2,000.

    (C) Municipal storm water permit application fees as follows:

      (i) minor amendments - $100; and

      (ii) new, major amendments, and renewal applications - $2,000.

    (D) Industrial wastewater permit application fees are based upon the EPA major/minor designation and the commission assigned toxicity rating as follows:

      (i) minor amendments for minor facilities - $100;

      (ii) minor amendments for major facilities - $400;

      (iii) new, amendment, and renewal applications for minor facilities that are not subject to categorical standards promulgated by EPA (40 Code of Federal Regulations, Part 400) - $300;

      (iv) new, amendment, and renewal applications for minor facilities that must comply with a categorical standard promulgated by the EPA (40 Code of Federal Regulations, Part 400) - $1,200; and

      (v) new, amendment, and renewal applications for major facilities - $2,000.

  (7) The fees established by this section are due at the time that the application is filed in accordance with §281.3 of this title (relating to Initial Review), except that for hazardous waste permit applications filed on or after September 1, 1985, but prior to the effective date of paragraph (2) of this subsection are due at the time that the application is forwarded to the chief clerk of the Texas Commission on Environmental Quality for purposes of issuance of the notice of application. Unless the recommendation of the executive director is that the application be denied, the commission will not consider an application for final decision until such time as the fees in accordance with paragraph (2) of this subsection are paid.

(b) An applicant shall also include with each application for a new, amended, or modified permit a fee of $50 to be applied toward the cost of providing required notice. A fee of $15 is required with each application for renewal. This subsection does not apply to radioactive material licenses.

(c) Each application for a radioactive material license shall be accompanied by the applicable fee. The fee for a license shall be calculated in accordance with Chapter 336, Subchapter B of this title (relating to Radioactive Substance Fees).


Source Note: The provisions of this §305.53 adopted to be effective June 19, 1986, 11 TexReg 2593; amended to be effective October 29, 1990, 15 TexReg 6015; amended to be effective March 10, 1994, 19 TexReg 1376; amended to be effective June 5, 1997, 22 TexReg 4583; amended to be effective December 16, 2001, 26 TexReg 10102; amended to be effective January 8, 2004, 29 TexReg 136

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