30 Tex. Admin. Code § 101.24 - Inspection Fees
(a) Applicability.
The owner or operator of each account to which this rule applies shall remit to
the commission an inspection fee each fiscal year. A fiscal year is defined as
the period from September 1 through August 31. A fiscal year, having the same
number as the next calendar year, begins on the September 1 prior to that
calendar year. An account subject to both an inspection fee and emissions fee,
under §
101.27 of this title (relating to
Emissions Fees), is required to pay only the greater of the two fees. Each
account will be assessed a separate inspection fee. The inspection fee shall
apply to each account which contains one or more of the types of plants,
facilities, and/or processes described in subsection (f) of this section,
including permitted and non-permitted facilities. References for the industrial
categories used are provided in the Standard Industrial Classification
(SIC) Manual (Executive Office of the President, Office of Management
and Budget, 1987). If more than one SIC category can apply to an account, the
fee assessed shall be the highest fee listed for the applicable classifications
in the fee schedule. Provisions of this section apply to all accounts,
including accounts which have not been assigned specific commission
identification numbers. The owner or operator of an account subject to an
inspection fee is responsible for contacting the commission to obtain an
identification number. The commission will not initiate the combination or
separation of accounts solely for fee assessment purposes. If an account is
operated at any time during the fiscal year for which the fee is assessed, a
full inspection fee is due. If the commission is notified in writing that the
account is not and will not be in operation during that fiscal year, a fee will
not be due.
(b) Self report/billed
information. Emissions/inspection fee information packets will be mailed to
each affected account prior to the fiscal year for which the fee is due. The
completed emissions/inspection fee basis form shall be returned to the address
specified on the emissions/inspection fees basis form within 60 days of the
date the agency sends the emissions/inspection fee information packet. The
completed emissions/inspection fee basis form shall include, at least, the
company name, mailing address, site name, all Texas Commission on Environmental
Quality (TCEQ) identification numbers, the applicable SIC category, any
additional information necessary to assess the fee, and the name and telephone
number of the person to contact in case questions arise regarding the
emissions/inspection fee basis form. If more than one SIC category can apply to
an account, the category reported shall be that one with the highest associated
fee. Subsequent to a review of the information submitted, a billing statement
of the fee assessment will be sent to the account during the fiscal year in
which the fee is due.
(c)
Requesting fee information packet.
(1) For
fiscal year 2003, if an account which is subject to the inspection fee in this
section has not received the information packet described in subsection (b) of
this section by November 1, 2002, the owner or operator of the account shall
notify the commission by December 1, 2002. For accounts which begin operation
after November 1, the owner or operator of the account shall request an
information packet within 30 days of commencing operation.
(2) For subsequent fiscal years, if an
account which is subject to the inspection fee in this section has not received
the information packet described in subsection (b) of this section by June 1
prior to the fiscal year in which the fee is due, the owner or operator of the
account shall notify the commission by July 1 prior to the fiscal year in which
the fee is due. For accounts which begin operation after September 1, the owner
or operator of the account shall request an information packet within 30 days
of commencing operation.
(d) Payment. Fees must be remitted by check,
certified check, electronic funds transfer, or money order made payable to the
TCEQ and sent to the TCEQ address printed on the billing statement.
(e) Due date. Payment of the inspection fee
is due within 30 days of the date the agency sends a statement of the
assessment to the facility owner or operator. If an account commences or
resumes operation during the fiscal year in which the fee is assessed, the full
inspection fee will be due prior to commencement or resumption of
operations.
(f) Inspection fee
schedule. The inspection fee schedule is as follows. For fiscal years after
2003, the fiscal year 2003 fee schedule shall apply as adjusted for inflation
using the Consumer Price Index (CPI). The CPI adjustment factor shall be the
average of the CPI for the 12 months preceding the fiscal year for which the
fee is assessed as compared to the same calculation of the CPI for the previous
fiscal year (as published by the United States Bureau of Labor Statistics, CPI
- All Urban Consumers, Not Seasonally Adjusted, base period 1982 - 84 = 100).
(g)
Nonpayment of fees. Each inspection fee payment must be paid at the time and in
the manner and amount provided by this subchapter. Failure to remit the full
inspection fee by the due date shall result in enforcement action under Texas
Water Code, §
7.178. The provisions of
this section, as first adopted and as amended thereafter, are and shall remain
in effect for purposes of any unpaid fee assessments, and the fees assessed in
accordance with such provisions as adopted or as amended remain a continuing
obligation.
(h) Late payments. The
agency shall impose interest and penalties on owners or operators of accounts
who fail to make payment of the inspection fees when due in accordance with
Chapter 12 of this title (relating to Payment of Fees).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.