Section 336.1311 - Revisions to Maximum Disposal Rates(a) The maximum disposal rates that a licensee may charge party state generators shall be determined in accordance with this section, and § 336.1307 of this title (relating to Factors Considered for Determination of Maximum Disposal Rates). The rates shall include all charges for disposal services at the compact waste disposal facility.(b) The maximum disposal rates may be adjusted at the request of the licensee to incorporate inflation adjustments. If an inflation adjustment is requested, the maximum disposal rates shall be adjusted by a percentage equal to the change in price levels in the preceding period. The adjustment shall be made using an inflation factor derived from the most recent annual Implicit Price Deflator for Gross National Product published by the United States Department of Commerce in its Survey of Current Business.(c) The licensee may file an application for revisions to the maximum disposal rates due to: (1) changes in any governmentally imposed fee, surcharge, or tax assessed on a volume or a gross receipts basis against or collected by the licensee, including site closure fees, perpetual care and maintenance fees, business and occupation taxes, site surveillance fees, commission regulatory fees, taxes, and a tax or payment in lieu of taxes authorized by the state to compensate the county in which a site is located for that county's legitimate costs arising out of the presence of that site within that county;(2) factors outside the control of the licensee such as a material change in regulatory requirements regarding the physical operation of the site; or(3) changes in the licensee's revenue requirements or in any of the other factors in § 336.1307 of this title that necessitate a change in the licensee's maximum disposal rates.(d) The executive director may initiate revisions to the maximum disposal rates established under this subchapter if good cause exists. Good cause includes, but is not limited to: (1) material and substantial changes in the information used to establish the maximum disposal rates;(2) information, not available at the time the maximum rates were established, is received by the executive director, justifying a rate revision; or(3) the rules or statutes on which the maximum disposal rates were based have been changed by statute, rule, or judicial decision after the establishment of the maximum disposal rates.(e) One or more party state generators may petition the executive director to initiate a revision to a maximum disposal rate under the requirements of this section. The party state generator must provide a copy of the petition to the licensee at the time the petition is submitted to the executive director. The executive director shall grant or deny the petition within 90 days of filing, or request more information from the petitioner. The party state generator must provide a detailed and complete explanation of the existence of the good cause that is the basis of the petition. The executive director's decision on a petition filed under this paragraph is subject to a motion to overturn filed with the commission under Chapter 50 of this title (relating to Actions on Applications and Other Authorizations).(f) For revisions to maximum disposal rates, excluding inflation adjustments, the application must meet the requirements in § 336.1309(a) and (b) of this title (relating to Procedures for Determination of New and Revised Rates and Fees). For revisions to maximum disposal rates due to an inflation adjustment, the licensee shall provide notice to its customers consistent with § 336.1309(a)(5) of this title.(g) In computing allowable expenses for revisions to maximum disposal rates, only the licensee's test year expenses as adjusted for known and measurable changes will be considered.30 Tex. Admin. Code § 336.1311
The provisions of this §336.1311 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