Money collected by Texas Commission on Environmental Quality from fees imposed on owners/operators of industrial solid or hazardous waste facilities for management or disposal of waste under §§361.138 and 361.136. Account includes penalties imposed under §361.140 for late fees or late report filing, money paid by a liable party for facility cleanup and maintenance under §361.197, and transfers from other agencies. Includes remediation payments, fees imposed under §361.604 for voluntary clean-up programs, and federal grants. Used only for:

• necessary and remedial action at disposal sites if funds from a liable party, 3rd party or the federal government are insufficient;
• expenses to comply with Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et. seq.) Federal SuperFund Amendments on Reauthorization Act of 1986;
• regulation and management of household hazardous substances and pollution prevention of water resources;
• cleanup or removal of a spill/release of a hazardous substance and expenses of a voluntary clean-up program.
• lead-acid battery recycling activities, up to 10% of the fees collected under §361.138.
• remediation at a closed battery recycling site located in certain municipalities (§361.138).

TCEQ may adjust the amount of certain fees to maintain an unobligated balance in the account of no more than $25 million at the end of each fiscal year.

Amended by Acts 1989, 71st Leg., ch. 703, § 4 and ch. 114 § 2.

Amended by H.B. 1986, 72nd Leg., R.S. (formerly titled the Hazardous Waste Disposal Fee Fund).

Amended by S.B. 1201, 73rd Leg., R.S.

Exempt from § 403.094, Government Code by S.B. 1234 (§ 2.01) and H.B. 2605 (§ 9), 73rd Leg., R.S. and H.B. 3050, 74th Leg., R.S.

H.B. 3765, 81st Leg., R.S. added up to 10% of the fees collected under §361.138 for lead-acid battery recycling activities.

H.B. 7, 83rd Leg., R.S. requires interest be deposited to General Revenue (0001).

H.B. 7, 83rd Leg., R.S. added use for remediation at a closed battery recycling site. This provision expired 9/30/2014. H.B. 7, 84th Leg., R.S. extended the provision to 9/30/2016.

H.B. 2708, 87th Leg., R.S. added closed battery site remediation use and specified for certain municipalities, set to expire 9/1/2027.