Section 382.062 - Application, Permit, and Inspection Fees(a) The commission shall adopt, charge, and collect a fee for: (1) each application for: (A) a permit or permit amendment, revision, or modification not subject to Title IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.);(B) a renewal review of a permit issued under Section 382.0518 not subject to Title IV or V of the federal Clean Air Act;(2) inspections of a federal source performed to enforce this chapter or rules adopted by the commission under this chapter until the federal source is required to obtain an operating permit under Section 382.054; and(3) inspections performed to enforce this chapter or rules adopted by the commission under this chapter at a facility not required to obtain an operating permit under Section 382.054.(b) The commission may adopt rules relating to charging and collecting a fee for an exemption, for a permit, for a permit by rule, for a voluntary emissions reduction permit, for a multiple plant permit, or for a standard permit and for a variance.(c) For purposes of the fees, the commission shall treat two or more facilities that compose an integrated system or process as a single facility if a structure, device, item of equipment, or enclosure that constitutes or contains a given stationary source operates in conjunction with and is functionally integrated with one or more other similar structures, devices, items of equipment, or enclosures.(d) A fee assessed under this section may not be less than $25 or more than $75,000.(e) The commission by rule shall establish the fees to be collected under Subsection (a) in amounts sufficient to recover: (1) the reasonable costs to review and act on a variance application and enforce the terms and conditions of the variance; and(2) not less than 50 percent of the commission's actual annual expenditures to: (A) review and act on permits or special permits;(B) amend and review permits;(C) inspect permitted, exempted, and specially permitted facilities; and(D) enforce the rules and orders adopted and permits, special permits, and exemptions issued under this chapter, excluding rules and orders adopted and permits required under Title IV or V of the federal Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.).Tex. Health and Safety Code § 382.062
Amended By Acts 1999, 76th Leg., ch. 406, Sec. 8, eff. 8/30/1999.Amended By Acts 1995, 74th Leg., ch. 76, Sec. 11.172, eff. 9/1/1995Amended By Acts 1993, 73rd Leg., ch. 485, Sec. 24, eff. 6/9/1993Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.18, eff. 9/1/1991 Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.