Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 325. Solid Waste Management
Subchapter P. Fees and Reports
25 TAC sec.325.602, sec.325.603
The Texas Department of Health (department) adopts on an emergency basis 
amendments to sec.325.602 and sec.325.603, concerning solid waste management. 
Section 325.602 concerns fees and  s325.603 concerns reports. The amendment to 
sec.325.602 will establish a new disposal fee structure for municipal solid 
waste management. The amendment to sec.325.603 will amend the provisions 
concerning the date the quarterly report is due in order to correspond to the 
amendment being made to sec.325.602. The amendments will implement the 
provisions in House Bill 11, First Called Session, 72nd Legislature, 1991, which 
amended the Solid Waste Disposal Act, Health and Safety Code, Chapter 361, by 
authorizing the department to establish a new disposal fee structure for 
municipal solid waste management.
The department adopts the amendments on an emergency basis for the following 
reasons. House Bill 11 became effective on September 1, 1991, Accordingly, it is 
necessary for the department to adopt rules to implement House Bill 11 on or as 
soon as possible after September 1, 1991, to implement the bill. The department 
did not implement the amendments by September 1, 1991 because a question arose 
concerning the interpretation of House Bill 11 which to resolve required an 
Attorney General's Opinion. The Attorney General issued his opinion on October 
31, 1991, and the department is now adopting these amendments on an emergency 
basis in order to implement House Bill 11 as soon as possible in accordance with 
the Attorney General's ruling.
The amendments are proposed for permanent adoption in this issue of the Texas 
Register. A public hearing is scheduled to receive comments for permanent 
adoption of the amendments. (See proposed preamble for information regarding the 
scheduled hearing).
The amendments are adopted on an emergency basis under Health and Safety Code, 
sec.361.011, which establishes the department's jurisdiction over municipal 
solid waste management; sec.361.024, which provides the Board of Health with 
authority to adopt rules to manage and control municipal solid waste; sec.12.001 
which provides the Texas Board of Health with the authority to adopt rules for 
the performance of every duty imposed by law on the Texas Board of Health, the 
Texas Department of Health, and the Commissioner of Health; House Bill 11, First 
Called Session, 72nd Legislature, 1991, which authorizes the department to 
establish a new disposal fee structure for municipal solid waste management; and 
Texas Civil Statutes, Article 6252-13a, sec.5, which provides the department 
with the authority to adopt rules on an emergency basis. The amendments will 
affect Chapter 361 of the Health and Safety Code.
sec.325.602. Fees.
(a) Landfilling. Each operator of a facility in Texas that disposes of municipal 
solid waste by means of landfilling, including landfilling of incinerator ash, 
is required to pay a fee to the department for <nl>all<ol> [every ton or cubic 
yard of] waste received for disposal. [The fee rate is dependent upon the 
reporting units used.] It is recommended that waste amounts be <nl>measured 
and<ol> reported in short tons (2,000 pounds) <nl>as well as in cubic yards 
<ol>; however, <nl>measuring and<ol> reporting by cubic yards <nl>alone or in 
short tons alone<ol> is acceptable<nl>, provided the landfill operator complies 
with the provisions of paragraph (2) of this subsection <ol>.
(1) Fee rates. <nl>The amount of fee owed for compacted waste received, is the 
greater of the amount calculated under subparagraphs (A) or (B) of this 
paragraph, or may be determined in accordance with paragraphs (2)(A) or (2)(B) 
of this subsection. The amount of fee owed for uncompacted waste received, is 
the greater of the amount calculated under subparagraphs (A) or (C) of this 
paragraph, or may be determined in accordance with paragraphs (2)(C) or (D) of 
this subsection. For purposes of this subsection, uncompacted waste means any 
waste that is not a liquid or a sludge, has not been mechanically compacted by a 
collection vehicle, has not been driven over by heavy equipment prior to 
collection, or has not been compacted subsequent or prior to collection by any 
type of mechanical device other than small, in-house, compactor devices owned 
and/or operated by the generator of the waste.
(A) (No change.)
(B) Cubic yards (compacted). For waste reported in compacted cubic yards, the 
fee rate is <nl>$0.50<ol> [$0.17] per cubic yard received.
(C) (No change.)
<nl>(2) Measurement options.
<nl>(A) If the landfill operator chooses not to determine the number of cubic 
yards of compacted waste received, he or she must determine and report the 
weight of the received waste and remit a fee for such received waste in an 
amount equal to $1.50 per ton.
<nl>(B)  If scales are not available for landfill use to determine the weight of 
compacted waste received, the facility operator must accurately measure or 
otherwise determine the number of cubic yards of such waste and may, in lieu of 
calculating the disposal fee based on weight as well as volume, remit a fee for 
such received waste in an amount equal to $0.50 per cubic yard.
<nl>(C)  If the landfill operator chooses not to determine the number of cubic 
yards of uncompacted waste received, he or she must determine and report the 
weight of the received waste and remit a fee for such received waste in an 
amount equal to $0.50 per ton.
<nl>(D) If scales are not available for landfill use to determine the weight of 
uncompacted waste received, the facility operator must accurately measure or 
otherwise determine the number of cubic yards of such waste and may, in lieu of 
calculating the disposal fee based on weight as well as volume, remit a fee for 
such received waste in an amount equal to $0.10 per cubic yard.
<nl>(E) Landfill operators who estimate amounts of waste received utilizing the 
population equivalent method authorized in sec.325.603(a) (3) of this title 
(relating to Reports) shall remit a fee for such received waste in an amount 
equal to $1.50 per ton.
<nl>(3)<ol>[(2)] Fee due date. The required fee shall be paid no later than 45 
days following the end of the calendar quarter for which the fee is applicable. 
<nl>However, the fee due date with respect to payments owed for the third 
quarter of calendar year 1991 (July 1, 1991-September 30, 1991) shall be January 
10, 1992.
<nl>(4) <ol>[(3)] Method of payment. The required fee shall be submitted in the 
form of a check or money order made payable to the Texas Department of Health 
and delivered or mailed to the Bureau of Solid Waste Management, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. The fee 
shall be calculated using information in the quarterly report and remitted along 
with the quarterly report.
<nl>(5)<ol>[(4)] Penalties. Failure of the landfill operator to submit the 
required fee payment by the due date shall be sufficient cause for the 
department to revoke the landfill permit and authorization to process or dispose 
of waste. The department may also assess penalties (fines) in accordance with 
sec.325.223 of this title (relating to Administrative Penalty Determination) or 
take any other action authorized by law to secure compliance.
(b) Incinerators and processes for disposal. Each operator of a facility that 
disposes of or processes municipal solid waste for disposal by a means other 
than landfilling is required to pay a fee to the department for <nl>all<ol> 
[every ton or cubic yard of] waste received for processing or disposal. 
Facilities and/or processes included in this category include, but are not 
limited to, incineration; composting; processing of solid waste for fuel or 
recycling; application of sludge, septic tank waste or shredded waste to the 
land; and similar facilities or processes. Not included as a process for 
disposal is land application of waste that has already been properly composted 
in one of the facilities named. [The fee rate is dependent upon the reporting 
units used.] It is recommended that waste amounts be <nl>measured and<ol> 
reported in short tons (2,000 pounds) <nl>as well as in cubic yards <ol>; 
however, <nl>measuring and<ol> reporting by cubic yards <nl>alone or in short 
tons alone<ol> is acceptable<nl>, provided the facility operator complies with 
the provisions of paragraph (2) of this subsection <ol>.
(1) Fee rates. <nl>The amount of fee owed for compacted waste received, is the 
greater of the amount calculated under subparagraphs (A) or (B) of this 
paragraph, or may be determined in accordance with paragraphs (2)(A) or (B) of 
this subsection. The amount of fee owed for uncompacted waste received, is the 
greater of the amount calculated under subparagraphs (A) or (C) of this 
paragraph, or may be determined in accordance with paragraphs (2)(C) or (D) of 
this subsection. For purposes of this subsection, uncompacted waste means any 
waste that is not a liquid or a sludge, has not been mechanically compacted by a 
collection vehicle, has not been driven over by heavy equipment prior to 
collection, or has not been compacted subsequent or prior to collection by any 
type of mechanical device other than small, in-house, compactor devices owned 
and/or operated by the generator of the waste.
(A) (No change.)
(B) Cubic yards (compacted). For waste reported in compacted cubic yards, the 
fee rate is <nl>$0.25<ol> [$0.085] per cubic yard received.
(C) (No change.)
<nl>(2) Measurement options.
<nl>(A) If the operator chooses not to determine the number of cubic yards of 
compacted waste received, he or she must determine and report the weight of the 
received waste and remit a fee for such received waste in an amount equal to 
$0.75 per ton.
<nl>(B) If scales are not available for facility use to determine the weight of 
compacted waste received, the operator must accurately measure or otherwise 
determine the number of cubic yards of such waste and may, in lieu of 
calculating the disposal fee based on weight as well as volume, remit a fee for 
such received waste in an amount equal to $0.25 per cubic yard.
<nl>(C) If the operator chooses not to determine the number of cubic yards of 
uncompacted waste received, he or she must determine and report the weight of 
the received waste and remit a fee for such received waste in an amount equal to 
$0.25 per ton.
<nl>(D) If scales are not available for facility use to determine the weight of 
uncompacted waste received, the facility operator must accurately measure or 
otherwise determine the number of cubic yards of such waste and may, in lieu of 
calculating the disposal fee based on weight as well as volume, remit a fee for 
such received waste in an amount equal to $0.05 per cubic yard.
<nl>(E)  Landfill operators who estimate amounts of waste received utilizing the 
population equivalent method authorized in sec.325.603(a)(3) of this title 
(relating to Reports) shall remit a fee for such received waste in an amount 
equal to $0.75 per ton.
<nl>(3)<ol>[(2)] Fee due date. The required fee shall be paid no later than 45 
days following the end of the calendar quarter for which the fee is applicable. 
<nl>However, the fee due date with respect to payments owed for the third 
quarter of calendar year 1991 (July 1, 1991-September 30, 1991) shall be January 
10, 1992.
<nl>(4)<ol>[(3)]  Method of payment. The required fee shall be submitted in the 
form of a check or money order made payable to the Texas Department of Health 
and delivered or mailed to the Bureau of Solid Waste Management, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. The fee 
shall be calculated using information in the quarterly report and remitted along 
with the quarterly report.
<nl>(5)<ol>[(4)] Penalties. Failure of the facility or process operator to 
submit the required fee payment by the due date shall be sufficient cause for 
the department to revoke the permit or registration and authorization to process 
or dispose of waste. The department may also assess penalties (fines) in 
accordance with sec.325.223 of this title (relating to Administrative Penalty 
Determination) or take any other action authorized by law to secure compliance.
(c) (No change.)
sec.325.603. Reports.
(a) Disposal facilities and processes.
(1)-(4) (No change.)
(5) Report due date. The required quarterly report shall be submitted to the 
department not later than 45 days following calendar quarter for which the 
report is applicable. <nl>However, the due date with respect to the report for 
the third quarter of calendar year 1991 (July 1, 1991-September 30, 1991) shall 
be January 10, 1992.
(6)-(7)  (No change.)
(b) (No change.)
Issued in Austin, Texas, on November 19, 1991.
TRD-9114546
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: November 19, 1991
Expiration date: March 18, 1992
For further information, please call: (512) 406-7721