Section 336.1305 - Commission Powers(a) The commission shall adopt maximum disposal rates for disposal of party state compact waste at the compact waste disposal facility. In determining the rates, the commission shall ensure that they are fair, just, reasonable, and sufficient considering the value of the licensee's real property and license interests, the unique nature of its business operations, the licensee's liability associated with the site, its investment incurred over the term of its operations, and the reasonable rate of return equivalent to that earned by comparable enterprises.(b) The commission may use any standard, formula, method, or theory of valuation reasonably calculated to arrive at the objective of prescribing and authorizing fair, just, reasonable, and sufficient rates.(c) In any proceeding involving a new or revised rate, the burden of proof shall be on the licensee to show that the proposed rate, if proposed by the licensee, or that the existing rate, if it is proposed to reduce the rate, is just and reasonable. In any other matters or proceedings, the burden of proof is on the moving party.(d) The commission may refer a request for a contested case hearing to the State Office of Administrative Hearings on the establishment of a rate under this subchapter.(e) The commission may audit a licensee's financial records and waste manifest information to ensure that the fees imposed under this chapter are accurately charged and paid. The licensee shall comply with the commission's audit-related requests for information. (1) To achieve the purposes, proper administration, and enforcement of this chapter, the executive director may conduct audits or investigations of waste disposal rates, payments and fees authorized by Texas Health and Safety Code, Chapter 401, and the veracity of information submitted to the commission.(2) Each person subject to or involved with an audit or investigation under this subsection shall cooperate fully with the audit or investigation conducted by the executive director.(f) After consideration of a rate application or revision, the commission shall establish, by rule, the maximum disposal rate and schedule.(g) The authority to establish the rates under this subchapter may be delegated to the executive director if the application is not contested.30 Tex. Admin. Code § 336.1305
The provisions of this §336.1305 adopted to be effective March 12, 2009, 34 TexReg 1688; Amended by Texas Register, Volume 43, Number 44, November 2, 2018, TexReg 7360, eff. 11/8/2019