(a) An annual fee is imposed on each operator who generates hazardous oil and gas waste.
(b) The commission by rule shall set the fee, which must:
(1) be based on the volume of hazardous oil and gas waste generated by the operator; and
(2) be reasonably related to the costs of implementing this subchapter and enforcing the rules, orders, and permits adopted or issued by the commission under this subchapter.
(c) The commission by rule shall also prescribe the procedures by which an operator must account for the volume of hazardous oil and gas waste generated and pay the fee.
(d) This section does not apply to an operator who, at all facilities operated in this state, satisfies the requirements established by the administrator of the United States Environmental Protection Agency for a conditionally exempt small quantity generator.
(e) The fees collected under this section shall be deposited in the oil and gas regulation and cleanup fund.