644.052. Permit types, fees, amounts--requests for permit modifications--requests for federal clean water certifications.
Permit types, fees, amounts--requests for permitmodifications--requests for federal clean water certifications.
644.052. 1. Persons with operating permits or permits by rule issuedpursuant to this chapter shall pay fees pursuant to subsections 2 to 8 and12 to 13 of this section. Persons with a sewer service connection topublic sewer systems owned or operated by a city, public sewer district,public water district or other publicly owned treatment works shall pay apermit fee pursuant to subsections 10 and 11 of this section.
2. A privately owned treatment works or an industry which treats onlyhuman sewage shall annually pay a fee based upon the design flow of thefacility as follows:
(1) One hundred dollars if the design flow is less than five thousandgallons per day;
(2) One hundred fifty dollars if the design flow is equal to orgreater than five thousand gallons per day but less than six thousandgallons per day;
(3) One hundred seventy-five dollars if the design flow is equal toor greater than six thousand gallons per day but less than seven thousandgallons per day;
(4) Two hundred dollars if the design flow is equal to or greaterthan seven thousand gallons per day but less than eight thousand gallonsper day;
(5) Two hundred twenty-five dollars if the design flow is equal to orgreater than eight thousand gallons per day but less than nine thousandgallons per day;
(6) Two hundred fifty dollars if the design flow is equal to orgreater than nine thousand gallons per day but less than ten thousandgallons per day;
(7) Three hundred seventy-five dollars if the design flow is equal toor greater than ten thousand gallons per day but less than eleven thousandgallons per day;
(8) Four hundred dollars if the design flow is equal to or greaterthan eleven thousand gallons per day but less than twelve thousand gallonsper day;
(9) Four hundred fifty dollars if the design flow is equal to orgreater than twelve thousand gallons per day but less than thirteenthousand gallons per day;
(10) Five hundred dollars if the design flow is equal to or greaterthan thirteen thousand gallons per day but less than fourteen thousandgallons per day;
(11) Five hundred fifty dollars if the design flow is equal to orgreater than fourteen thousand gallons per day but less than fifteenthousand gallons per day;
(12) Six hundred dollars if the design flow is equal to or greaterthan fifteen thousand gallons per day but less than sixteen thousandgallons per day;
(13) Six hundred fifty dollars if the design flow is equal to orgreater than sixteen thousand gallons per day but less than seventeenthousand gallons per day;
(14) Eight hundred dollars if the design flow is equal to or greaterthan seventeen thousand gallons per day but less than twenty thousandgallons per day;
(15) One thousand dollars if the design flow is equal to or greaterthan twenty thousand gallons per day but less than twenty-three thousandgallons per day;
(16) Two thousand dollars if the design flow is equal to or greaterthan twenty-three thousand gallons per day but less than twenty-fivethousand gallons per day;
(17) Two thousand five hundred dollars if the design flow is equal toor greater than twenty-five thousand gallons per day but less than thirtythousand gallons per day;
(18) Three thousand dollars if the design flow is equal to or greaterthan thirty thousand gallons per day but less than one million gallons perday; or
(19) Three thousand five hundred dollars if the design flow is equalto or greater than one million gallons per day.
3. Persons who produce industrial process wastewater which requirestreatment and who apply for or possess a site-specific permit shallannually pay:
(1) Five thousand dollars if the industry is a class IA animalfeeding operation as defined by the commission; or
(2) For facilities issued operating permits based upon categoricalstandards pursuant to the Federal Clean Water Act and regulationsimplementing such act:
(a) Three thousand five hundred dollars if the design flow is lessthan one million gallons per day; or
(b) Five thousand dollars if the design flow is equal to or greaterthan one million gallons per day.
4. Persons who apply for or possess a site-specific permit solely forindustrial storm water shall pay an annual fee of:
(1) One thousand three hundred fifty dollars if the design flow isless than one million gallons per day; or
(2) Two thousand three hundred fifty dollars if the design flow isequal to or greater than one million gallons per day.
5. Persons who produce industrial process wastewater who are notincluded in subsection 2 or 3 of this section shall annually pay:
(1) One thousand five hundred dollars if the design flow is less thanone million gallons per day; or
(2) Two thousand five hundred dollars if the design flow is equal toor greater than one million gallons per day.
6. Persons who apply for or possess a general permit shall pay:
(1) Three hundred dollars for the discharge of storm water from aland disturbance site;
(2) Fifty dollars annually for the operation of a chemical fertilizeror pesticide facility;
(3) One hundred fifty dollars for the operation of an animal feedingoperation or a concentrated animal feeding operation;
(4) One hundred fifty dollars annually for new permits for thedischarge of process water or storm water potentially contaminated byactivities not included in subdivisions (1) to (3) of this subsection.Persons paying fees pursuant to this subdivision with existing generalpermits on August 27, 2000, and persons paying fees pursuant to thissubdivision who receive renewed general permits on the same facility afterAugust 27, 2000, shall pay sixty dollars annually;
(5) Up to two hundred fifty dollars annually for the operation of anaquaculture facility.
7. Requests for modifications to state operating permits on entitiesthat charge a service connection fee pursuant to subsection 10 of thissection shall be accompanied by a two hundred dollar fee. The departmentmay waive the fee if it is determined that the necessary modification waseither initiated by the department or caused by an error made by thedepartment.
8. Requests for state operating permit modifications other than thosedescribed in subsection 7 of this section shall be accompanied by a feeequal to twenty-five percent of the annual operating fee assessed for thefacility pursuant to this section. The department may waive the fee if itis determined that the necessary modification was either initiated by thedepartment or caused by an error made by the department.
9. Persons requesting water quality certifications in accordance withSection 401 of the Federal Clean Water Act shall pay a fee of seventy-fivedollars and shall submit the standard application form for a Section 404permit as administered by the U.S. Army Corps of Engineers or similarinformation required for other federal licenses and permits, except thatthe fee is waived for water quality certifications issued and accepted foractivities authorized pursuant to a general permit or nationwide permit bythe U.S. Army Corps of Engineers.
10. Persons with a direct or indirect sewer service connection to apublic sewer system owned or operated by a city, public sewer district,public water district, or other publicly owned treatment works shall pay anannual fee per water service connection as provided in this subsection.Customers served by multiple water service connections shall pay such feefor each water service connection, except that no single facility served bymultiple connections shall pay more than a total of seven hundred dollarsper year. The fees provided for in this subsection shall be collected bythe agency billing such customer for sewer service and remitted to thedepartment. The fees may be collected in monthly, quarterly or annualincrements, and shall be remitted to the department no less frequently thanannually. The fees collected shall not exceed the amounts specified inthis subsection and, except as provided in subsection 11 of this section,shall be collected at the specified amounts unless adjusted by thecommission in rules. The annual fees shall not exceed:
(1) For sewer systems that serve more than thirty-five thousandcustomers, forty cents per residential customer as defined by the providerof said sewer service until such time as the commission promulgates rulesdefining the billing procedure;
(2) For sewer systems that serve equal to or less than thirty-fivethousand but more than twenty thousand customers, fifty cents perresidential customer as defined by the provider of said sewer service untilsuch time as the commission promulgates rules defining the billingprocedure;
(3) For sewer systems that serve equal to or less than twentythousand but more than seven thousand customers, sixty cents perresidential customer as defined by the provider of said sewer service untilsuch time as the commission promulgates rules defining the billingprocedure;
(4) For sewer systems that serve equal to or less than seven thousandbut more than one thousand customers, seventy cents per residentialcustomer as defined by the provider of said sewer service until such timeas the commission promulgates rules defining the billing procedure;
(5) For sewer systems that serve equal to or less than one thousandcustomers, eighty cents per residential customer as defined by the providerof said sewer service until such time as the commission promulgates rulesdefining the billing procedure;
(6) Three dollars for commercial or industrial customers not servedby a public water system as defined in chapter 640, RSMo;
(7) Three dollars per water service connection for all othercustomers with water service connections of less than or equal to one inchexcluding taps for fire suppression and irrigation systems;
(8) Ten dollars per water service connection for all other customerswith water service connections of more than one inch but less than or equalto four inches, excluding taps for fire suppression and irrigation systems;
(9) Twenty-five dollars per water service connection for all othercustomers with water service connections of more than four inches,excluding taps for fire suppression and irrigation systems.
11. Customers served by any district formed pursuant to theprovisions of section 30(a) of article VI of the Missouri Constitutionshall pay the fees set forth in subsection 10 of this section according tothe following schedule:
(1) From August 28, 2000, through September 30, 2001, customers ofany such district shall pay fifty percent of such fees; and
(2) Beginning October 1, 2001, customers of any such districts shallpay one hundred percent of such fees.
12. Persons submitting a notice of intent to operate pursuant to apermit by rule shall pay a filing fee of twenty-five dollars.
13. For any general permit issued to a state agency for highwayconstruction pursuant to subdivision (1) of subsection 6 of this section, asingle fee may cover all sites subject to the permit.
(L. 1990 S.B. 582, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985)*For effective and expiration dates for fees imposed by this section, see § 644.054.
(1998) Section is not unconstitutional if the fee is proportional to funding before the adoption of the Hancock Amendment. State of Missouri v. City of Glasgow, 152 F.3d 802 (8th Cir.).