SB 0741 Revises water resource laws
Sponsor:Maxwell
LR Number:3132L.06T Fiscal Note:3132-06
Committee:Appropriations
Last Action:06/27/00 - Signed by Governor (w/EC) Journal page:
Title:HCS SB 741
Effective Date:August 28, 2000
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Current Bill Summary

HCS/SB 741 - This act provides bonds for water pollution and stormwater control, revises water pollution permit fees, reorganizes the Soil and Water Conservation Commission and revises certain provisions relating to sewer services.

WATER POLLUTION AND STORMWATER BONDS - This portion of the act contains enabling statutes that allow the borrowing of moneys to implement the provisions of Amendment No. 7 as passed in November 1998, relating to water pollution and stormwater control:

1) $10 million pursuant to Article III, Section 37(e) of the Missouri Constitution for control of water pollution, improvements to drinking water systems, storm water control and financing rural water and sewer grants;

2) $20 million pursuant to Article III, Section 37(g) of the Missouri Constitution to fund the finance and construction of rural water and sewer grants or loans; and

3) $40 million pursuant to Article III, Section 37(h) of the Missouri Constitution for the creation of the Stormwater Control Bond and Interest Fund to fund stormwater control plans, studies and projects in first classification counties and the City of St. Louis. Fifty percent of the moneys shall be provided as grants.

This portion of the act is similar to HCS/HB 1074 and HS/HCS/HB 1927 from 2000.

WATER POLLUTION PERMIT FEES - This act establishes a fee structure for fees collected for the removal of waste water. All funds received through the payment of fees will be placed in the state treasury and credited to the Natural Resources Protection Fund. Permit fee revenues may not be used for pollutant load studies on the Mississippi River or the Missouri River. The fee structure is as follows:

A privately owned treatment works (POTW) or an industry which treats human sewage will pay an annual fee based upon the design flow of the facility which is expressed in gallons per day of flow beginning with a fee of one hundred dollars ($100) if the design flow is less than five thousand gallons per day to a fee of three thousand five hundred dollars ($3,500) if the design flow is equal to or greater than one million gallons per day.

Persons who produce industrial process wastewater which requires treatment and who apply for or possess a site specific permit will pay an annual fee of five thousand dollars ($5,000) if the industry is a class IA concentrated animal feeding operation.

If facilities have been issued operating permits based upon categorical standards pursuant to the federal Clean Water Act, then the annual fee is:

1) Three thousand five hundred dollars ($3,500) if the design flow is less than one million gallons per day;

2) Five thousand dollars ($5,000) if the design flow is equal to or greater than one million gallons per day.

Persons who apply for a site-specific permit used solely for industrial storm water will pay an annual fee of one thousand three hundred fifty dollars ($1,350) for design flows under one million gallons per day and two thousand three hundred fifty dollars ($235) for design flows over one million gallons per day.

Persons who apply for a general permit will pay a permit fee for the discharge of storm water:

1) The fee for the discharge of storm water from a land disturbance site is three hundred dollars ($300) every five years;

2) The fee for the operation of a chemical fertilizer or pesticide facility is fifty dollars ($50);

3) The fee for a general permit for the operation of an animal feeding operation or a concentrated animal feeding operation is one hundred-fifty dollars ($150);

4) The fee for potentially contaminated storm water is one hundred-fifty dollars ($150).

General stormwater permit renewal fees are increased to $60. Requests for modifications may be made.

Water quality certification requests will be accompanied by fees. The fee is waived where an activity is authorized through a general permit by the United States Army Corps of Engineers, the water quality certification is issued for that general permit and the certification is accepted.

Requests will include an application form for section 404 permits as administered by the United States Army Corps of Engineers and will be accompanied by a seventy-five dollar fee ($75). The Department shall respond to a certification request within 60 days, unless the Commission determines that an extension not to exceed 180 days is required.

Persons with a sewer service connection to public sewer systems will pay an annual fee. The fees shall be reduced by fifty percent for the first year in any district formed under Article VI, section 30(a) of the Missouri Constitution, such as Metropolitan Sewer District (MSD) in St. Louis. Political subdivisions collecting the fees may retain five percent for collection costs.

Residential customers' fee will not exceed forty cents per dwelling unit for larger systems, ranging up to eighty cents per dwelling unit in smaller systems. Commercial customers with water service connections of less than or equal to one inch to not greater than four inches will pay annual fees between three dollars ($3)and twenty-five dollars ($25). Commercial customers not served by a public water system, the annual fee will not exceed three dollars ($3). Commercial customers served by multiple water service connections will pay an annual user fee not to exceed seven hundred dollars ($700) per year. Fees cannot exceed the amounts stated in the bill. The service provider may collect the fees in monthly, quarterly or annual increments.