SB 361 - Perfected Summary

- Perfected -

SS/SCS/SBs 361, 103, 156 and 329 - This act revises various provisions relating to waste.

SEWER DISTRICTS - SECTIONS 204.600-204.760

These provisions simplify the operations for formation and operation of sewer districts. The act provides the procedural requirements for the new formation of a reorganized common sewer district and the conversion of a current sewer district to a reorganized sewer district.

CREATION OF A NEW REORGANIZED COMMON SEWER DISTRICT - In order to create a new reorganized common sewer district, a petition is filed with the circuit court. Upon the filing of the petition the clerk of the court shall give notice of the filing in a newspaper of general circulation in all counties which contain property within the boundaries of the proposed reorganized sewer district. Specific notice and procedural requirements are specified.

Exceptions to the formation of the district may be filed not less than five days prior to the hearing on the petition by any voter or property owner in the proposed district. If the court finds that the formation of the district is not in the public interest, the matter will be dismissed at the costs of the petitioners. If the court finds in favor of the formation of the district the court shall enter a decree of incorporation and shall appoint five voters from the district as the first board of trustees with staggered terms of one to five years.

The decree in incorporation shall not be final until approved by 2/3 of the voters in the district. Costs incurred in forming the district shall be taxed to the district. If the petitioners seeking formation specify that the organization is without the authority to issue general obligation bonds, the order shall set forth those conditions and the decree of incorporation must only be approved by a simple majority of voters in the district.

The method for expansion of the boundaries of the reorganized district are specified. Property owners with land contiguous or reasonably close to a reorganized district may petition the Board of Trustees to become part of the reorganized district.

The Board of Trustees may petition the Circuit Court for an amended decree of incorporation to allow the district to engage in the construction, maintenance and operation of water supply and distribution facilities which serve ten or more separate properties in the district, if the properties meet certain criteria.

ESTABLISHMENT OF A REORGANIZED COMMON SEWER DISTRICT FROM AN EXISTING COMMON SEWER DISTRICT - In order to establish an existing sewer district into a reorganized common sewer district a petition may be filed with the circuit court after the governing body of the district has made a determination that the reorganization is in the best interest of the district. The petition shall specify whether the board of trustees will be appointed by the governing body of the county or elected by the voters of the district. Procedural and notice requirements are provided.

The Bonded indebtedness and security interests of creditors of any common sewer district which converts to a reorganized common sewer district shall not be affected by the conversion. Reorganized common sewer districts shall have exclusive jurisdiction and authority to provide wastewater collection an treatment services within the boundaries of the district. A reorganized common sewer district shall be considered a political subdivision of the state. All courts of the state are required to take judicial notice of the existence of the reorganized common sewer district.

The Board of Trustees for the reorganized common sewer district shall consist of five members who must be a voter and have resided within the boundaries of the district for at least one year. Trustees must be at least 25 and not be delinquent in payment of taxes at the time of election or appointment. The presiding officer shall be an additional member in the event that the district extends into more than one county. Trustees shall not be compensated. The Board of Trustees may hire necessary staff. All Trustees after the initial Trustees appointed by the court will be elected.

PROVISIONS RELATING TO REORGANIZED COMMON SEWER DISTRICTS - The Board of Trustees shall have no power to levy or collect taxes or issue general obligation bonds unless authorized by the voters. The total amount of general obligation bonds shall not exceed 10% of the assessed valuation of all taxable tangible property located in the district. Specifications for issuance of the bonds are provided. Powers and duties of the Board of Trustees are specified.

Any person who knowingly makes false statements in any filing with the district or falsifies or tampers with a monitoring device shall be fined $1,000 per violation per day. In the event of a second violation the fine shall be $3,000 per violation per day. Third and subsequent violations shall be punishable by a Class D felony.

The Board of Trustees may acquire property by purchase, gift or condemnation or may lease or rent any real or personal property. In order to condemn property the procedures provided in Chapter 523, RSMo, must be followed.

All projects which exceed $25,000 in expense must be awarded to the lowest bidder. The act provides how costs of acquiring, constructing, improving, or extending a sewerage system shall be met.

A reorganized common sewer district may issue general or special revenue bonds if the decree of incorporation allows the sewer district to issue bonds. Specific requirements of the bonds are specified. Certain duties for a reorganized common sewer district which issues bonds are specified.

The Board of Trustees may apply for and accept grants, funds materials or labor from the state and federal government in the construction of a sewerage system.

SANITARY SEWER IMPROVEMENT AREA ACT - The act also allows for the creation of sanitary sewer improvement areas and allows the Board of Trustees to incur indebtedness and issue temporary notes and general or special revenue bonds to pay for such. The district will impose assessment and may impose user fees on the property benefitted by the improvement project and the act provides the method for the assessment or imposition of user fees. The procedure for the establishment of a sanitary sewer improvement area is specified.

This portion of the act is identical to SB 567 (2003).

WATER AND SEWERAGE SERVICES - SECTION 250.140

The act states that in the case of privately owned property sewerage service or water and sewerage services when combined shall be deemed to be provided to the occupant of the property and delinquent sums can be recovered from the occupant. Currently such services are also deemed provided to the owner of the property.

GARBAGE COLLECTION - SECTION 260.219

This act prohibits local governments and political subdivisions from providing waste or garbage collection services outside of its boundaries.

WASTE TIRE FEE EXTENSION - SECTION 260.273

This portion will extend the collection of the waste tire fee by five years to 2009. This portion is the SCS/SBs 361, 103, 156 & 329.

HAZARDOUS WASTE GENERATOR - SECTION 260.475 & SECTION 260.479

This portion extends the levy and collection of the hazardous waste management fee to January 1, 2010. This portion is identical to SB 392 (2003).

LANDFILL FEE FOR JOHNSON COUNTY - SECTION 260.830-260.831

This act permits Johnson County to hold an election to impose a landfill fee for the benefit of the county. The fees, which may not exceed $1.50 per ton will be collected by the landfill operation. This portion is identical to SCS/SB 546 (2003).

UNDERGROUND STORAGE TANKS - SECTION 319.125 - 319.127 & SECTION 319.139

This portion changes the jurisdiction over underground storage tanks from the Clean Water Commission to the Missouri Hazardous Waste Management Commission. This portion is identical to SB 334 (2003).

DISCONNECTION OF WATER SERVICES FOR NONPAYMENT OF SEWER BILL - SECTION 393.015 & SECTION 393.018

This portion creates provisions for the procedure for disconnection of water services for nonpayment of a sewer bill. The act requires certain providers of water service to contract with certain sewer service providers to terminate water services to customer premises for nonpayment of a sewer bill upon the request of the sewer service provider. In the event the parties are unable to reach an agreement within four months of the receipt of the request, a petition may be filed with the circuit court asking for three commissioners to draft the agreement. The act provides the procedural requirements of such proceeding and the appointment of the commissioners.

No termination of water service may occur until 30 days after the municipality or sewer district sends the customer written notice by certified mail. However, if the water service provider is providing water service as well as sewer service, no additional notice shall be required other than the notice period in use by the water service provider. Water service shall be discontinued until the customer pays the sewer charges and all related costs of disconnection and reconnection in full or another payment arrangement is agreed to by the parties. Water service providers who collect delinquent sewer charges at the written request of the sewer service provider shall be immune from civil liability or damages resulting from the disconnection. Unless specifically provided otherwise, the costs of disconnection and reconnection of water service shall be reimbursed by the municipality or sewer district and shall be charged to and paid by the customer.

This portion is similar to SCS/SB 440 (2003).

DISCONNECTION OF WATER SERVICES - SECTION 393.017

This portion requires 15 days advance written notice prior to a disconnection of residential water service. Water service to a residence may not be disconnected unless a written notice is sent to the customer by certified mail and must include the proposed action, date of proposed action, cost of reconnection, reason for the action, amount of the arrearage, address where payment can be sent, any actions which the residential customer may take to prevent the disconnection, and contact information for the customer to call. The service provider may recoup the cost to send the certified mailing from the customer. The reconnection fee charged by the service provider must only include costs which are reasonable, actual and necessary for the reconnection. This portion is similar to SB 339 (2003).

SAFE WATER REMEDIATION PROJECTS - SECTION 640.100, 640.115, 640.615, 640.620 & 644.145

This act establishes a system by which the Clean Water Commission determines a per capita cost average for all safe water remediation projects in the state to encourage the subsequent designer firms or engineers to prepare engineering plans which have an average cost less than the per capita average by offering bonuses for the below cost design.

The Commission establishes the per capita average cost by dividing up the state into six classes by population. This act would apply to any state or federally funded project.

This portion is similar to SCS/SB 560 (2003).

BASIC AIR OPERATING PERMITS - SECTION 643.078

This act eliminates the necessity of having a Basic Air Operating Permit for an air contaminant Class B source pursuant to Missouri Clean Air Law. This portion is similar to - SB 630 (2003).

AGRICULTURAL STORMWATER DISCHARGES - SECTIONS 644.016 AND 644.052

This portion specifically excludes agricultural stormwater discharges and return flows from irrigated agriculture from the definition of "point source" and "water contamination source". This act also alters the definition of "waters of the state" and specifically excludes an accidental or unintentional discharge where discharge is entirely confined upon lands owned, leased or controlled by individual or two people jointly or as tenants in common and where the discharged water contaminates are removed or cleaned up to the extent that future flow of water off the property does not exceed any of the standards, regulations or limitations. The term also does not include accidental or unintentional discharge into a pond, lake or reservoir not actively discharging water through the spillway as long as it is contained on lands owned or controlled by an individual or two people jointly or as tenants in common as long as future flow of water does not exceed any standards, regulation or limitations.

Requests for state operating permits associated with a construction permit application are exempted from paying a fee.

This portion is similar to SB 655 (2003).

STORMWATER BONDS - SECTION 644.581

This portion authorizes the Board of Fund Commissioners to issue additional bonds for grants and loans pursuant to several sections in Article III of the Missouri Constitution which are administered by the Clean Water Commission and relate to water, sewer and stormwater projects. This act authorizes additional bonds in addition to amounts authorized prior to August 28, 2004.

This portion is similar to SB 252 (2003).

PREFERENCE GIVEN ON DNR CONTRACTS - Section 1

This act requires the Department of Natural Resources to grant a 5% preference on contracts for removal or clean up of waste to vendors which are from Missouri or which utilize Missouri workers. In certain instances the preference to vendors can be cumulative.

CINDY KADLEC