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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle C. AIR QUALITY |
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Chapter 382. CLEAN AIR ACT |
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Subchapter C. PERMITS |
Sec. 382.062. APPLICATION, PERMIT, AND INSPECTION FEES
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(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.).