(a) The commission may impose fees for processing plans or amendments to plans that are subject to review and approval under the commission’s rules for the protection of the Edwards Aquifer and for inspecting the construction and maintenance of projects covered by those plans.
(b) The plans for which fees may be imposed are:
(1) water pollution abatement plans;
(2) plans for sewage collection systems;
(3) plans for hydrocarbon storage facilities or hazardous substance storage facilities; and
(4) contributing zone plans.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Texas Water Code 26.0461

  • Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
  • Executive director: means the executive director of the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
  • Person: means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. See Texas Water Code 26.001
  • Pollution: means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. See Texas Water Code 26.001
  • Rule: includes regulation. See Texas Government Code 311.005
  • Sewage: means waterborne human waste and waste from domestic activities, such as washing, bathing, and food preparation. See Texas Water Code 26.001

(c) The commission by rule shall adopt a fee schedule for fees that it may impose under this section.
(d) Except as provided by Subsection (d-1), a fee imposed under this section may not be less than $100 or more than $6,500.
(d-1) A fee imposed under this section may not be more than $13,000 if the fee is for a water pollution abatement or contributing zone plan for a development of more than 40 acres.
(e) A fee charged under this section must be based on the following criteria:
(1) if a pollution abatement or contributing zone plan, the area or acreage covered by the plan;
(2) if a sewage collection systems plan, the number of linear feet of pipe or line;
(3) if a hydrocarbon storage facility or hazardous substance storage facility plan, the number of tanks; and
(4) the type of activity subject to regulation.
(f) The executive director shall charge and collect a fee imposed under this section and shall record the time at which the fee is due and render an account to the person charged with the fee.
(g) A fee imposed under this section is a separate charge in addition to any other fee that may be provided by law or rules of the commission.
(h) A fee collected under this section shall be deposited in the State Treasury to the credit of a special program to be used only for administering the commission’s Edwards Aquifer program, including:
(1) monitoring surface water, stormwater, and groundwater quality in the Edwards Aquifer program area; and
(2) developing geographic information systems (GIS) data layers for the Edwards Aquifer program.