SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 2109

95TH GENERAL ASSEMBLY


 

     Reported from the Committee on Agriculture, Food Production and Outdoor Resources, April 15, 2010, with recommendation that the Senate Committee Substitute do pass.

 

TERRY L. SPIELER, Secretary.

4911S.02C


 

AN ACT

To repeal sections 644.036, 644.052, and 644.054, RSMo, and to enact in lieu thereof three new sections relating to the Missouri clean water law.


 

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Sections 644.036, 644.052, and 644.054, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 644.036, 644.052, and 644.054, to read as follows:

            644.036.  1.  No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held after thirty days' prior notice by advertisement of the date, time and place of the hearing and opportunity given to the public to be heard.  Notice of the hearings and copies of the proposed standard, rule or regulation or any amendment or repeal thereof shall also be given by regular mail, at least thirty days prior to the scheduled date of the hearing, to any person who has registered with the director for the purpose of receiving notice of such public hearings in accordance with the procedures prescribed by the commission at least forty-five days prior to the scheduled date of the hearing.  However, this provision shall not preclude necessary changes during this thirty-day period.  

            2.  At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the director, not later than seven days prior to the hearing, and may be afforded to other persons if convenient.  In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views.  The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulations, or standards.  Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.

            3.  Any standard, rule or regulation or amendment or repeal thereof shall not be deemed adopted or in force and effect until it has been approved in writing by at least four members of the commission.  A standard, rule or regulation or an amendment or repeal thereof shall not become effective until a certified copy thereof has been filed with the secretary of state as provided in chapter 536, RSMo.  

            4.  Unless prohibited by any federal water pollution control act, any standard, rule or regulation or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions as between particular types and conditions of water quality standards or of water contaminants, as between particular classes of water contaminant sources, and as between particular waters of the state.  

            5.  Any listing required by Section 303(d) of the federal Clean Water Act, as amended, 33 U.S.C. 1251, et seq., to be sent to the U.S. Environmental Protection Agency for its approval that will result in any waters of the state being classified as impaired shall be adopted by the commission after a public hearing, or series of hearings, held in accordance with the following procedures.  The department of natural resources shall publish in at least six regional newspapers, in advance, a notice by advertisement the availability of a proposed list of impaired waters of the state and such notice shall include at least ninety days' advance notice of the date, time, and place of the public hearing and opportunity given to the public to be heard.  Notice of the hearings and copies of the proposed list of impaired waters also shall be posted on the department of natural resources' website and given by regular mail, at least ninety days prior to the scheduled date of the hearing, to any person who has registered with the director for the purpose of receiving notice of such public hearings.  The proposed list of impaired waters shall identify the water segment, the uses to be made of such waters, the uses impaired, identify the pollutants causing or expected to cause violations of the applicable water quality standards, and provide a summary of the data relied upon to make the preliminary determination.  Contemporaneous with the publication of the notice of public hearing, the department shall make available on its website all data and information it relied upon to prepare the proposed list of impaired waters, including a narrative explanation of how the department determined the water segment was impaired.  At any time after the public notice and until seven days after the public hearing, the department shall accept written comments on the proposed list of impaired waters.  After the public hearing and after all written comments have been submitted, the department shall prepare a written response to all comments and a revised list of impaired waters.  The commission shall adopt a list of impaired waters in a public meeting during which the public shall be afforded an opportunity to respond to the department's written response to comments and revised list of impaired waters.  

Notice of the meeting shall include the date, time, and place of the public meeting and shall provide notice that the commission will give interested persons the opportunity to respond to the department's revised list of impaired waters and written responses to comments.  At its discretion, the commission may extend public comment periods or hold additional public hearings on the proposed and revised lists of impaired waters.  The commission shall not vote to add to the list of impaired waters any waters not recommended by the department in the proposed or revised lists of impaired waters without granting the public at least thirty additional days to comment on the proposed addition.  The list of impaired waters adopted by the commission shall not be deemed to be a rule as defined by section 536.010, RSMo.  The listing of any water segment on the list of impaired waters adopted by the commission shall be subject to judicial review by any adversely affected party under section 536.150, RSMo.  The provisions in this subsection shall expire on August 28, [2010] 2012.  

            644.052.  1.  Persons with operating permits or permits by rule issued pursuant to this chapter shall pay fees pursuant to subsections 2 to 8 and 12 to 13 of this section.  Persons with a sewer service connection to public sewer systems owned or operated by a city, public sewer district, public water district or other publicly owned treatment works shall pay a permit fee pursuant to subsections 10 and 11 of this section.  

            2.  A privately owned treatment works or an industry which treats only human sewage shall annually pay a fee based upon the design flow of the facility as follows:

            (1)  One hundred dollars if the design flow is less than five thousand gallons per day;

            (2)  One hundred fifty dollars if the design flow is equal to or greater than five thousand gallons per day but less than six thousand gallons per day;

            (3)  One hundred seventy-five dollars if the design flow is equal to or greater than six thousand gallons per day but less than seven thousand gallons per day;

            (4)  Two hundred dollars if the design flow is equal to or greater than seven thousand gallons per day but less than eight thousand gallons per day;

            (5)  Two hundred twenty-five dollars if the design flow is equal to or greater than eight thousand gallons per day but less than nine thousand gallons per day;

            (6)  Two hundred fifty dollars if the design flow is equal to or greater than nine thousand gallons per day but less than ten thousand gallons per day;

            (7)  Three hundred seventy-five dollars if the design flow is equal to or greater than ten thousand gallons per day but less than eleven thousand gallons per day;

            (8)  Four hundred dollars if the design flow is equal to or greater than eleven thousand gallons per day but less than twelve thousand gallons per day;

            (9)  Four hundred fifty dollars if the design flow is equal to or greater than twelve thousand gallons per day but less than thirteen thousand gallons per day;

            (10)  Five hundred dollars if the design flow is equal to or greater than thirteen thousand gallons per day but less than fourteen thousand gallons per day;

            (11)  Five hundred fifty dollars if the design flow is equal to or greater than fourteen thousand gallons per day but less than fifteen thousand gallons per day;

            (12)  Six hundred dollars if the design flow is equal to or greater than fifteen thousand gallons per day but less than sixteen thousand gallons per day;

            (13)  Six hundred fifty dollars if the design flow is equal to or greater than sixteen thousand gallons per day but less than seventeen thousand gallons per day;

            (14)  Eight hundred dollars if the design flow is equal to or greater than seventeen thousand gallons per day but less than twenty thousand gallons per day;

            (15)  One thousand dollars if the design flow is equal to or greater than twenty thousand gallons per day but less than twenty-three thousand gallons per day;

            (16)  Two thousand dollars if the design flow is equal to or greater than twenty-three thousand gallons per day but less than twenty-five thousand gallons per day;

            (17)  Two thousand five hundred dollars if the design flow is equal to or greater than twenty-five thousand gallons per day but less than thirty thousand gallons per day;

            (18)  Three thousand dollars if the design flow is equal to or greater than thirty thousand gallons per day but less than one million gallons per day; or

            (19)  Three thousand five hundred dollars if the design flow is equal to or greater than one million gallons per day.  

            3.  Persons who produce industrial process wastewater which requires treatment and who apply for or possess a site-specific permit shall [annually] pay:

            (1)  Five thousand dollars annually if the industry is a class IA animal feeding operation as defined by the commission; or

            (2)  For facilities issued operating permits based upon categorical standards pursuant to the Federal Clean Water Act and regulations implementing such act:

            (a)  Three thousand five hundred dollars annually if the design flow is less than one million gallons per day; or

            (b)  Five thousand dollars annually if the design flow is equal to or greater than one million gallons per day;

            (3)  One hundred fifty dollars every five years if the industry is a class IB animal feeding operation as defined by the commission; or

            (4)  One hundred fifty dollars every five years if the industry is a class IC or smaller animal feeding operation as defined by the commission.  

            4.  Persons who apply for or possess a site-specific permit solely for industrial storm water shall pay an annual fee of:

            (1)  One thousand three hundred fifty dollars if the design flow is less than one million gallons per day; or

            (2)  Two thousand three hundred fifty dollars if the design flow is equal to or greater than one million gallons per day.  

            5.  Persons who produce industrial process wastewater who are not included in subsection 2 or 3 of this section shall annually pay:

            (1)  One thousand five hundred dollars if the design flow is less than one million gallons per day; or

            (2)  Two thousand five hundred dollars if the design flow is equal to or 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 a land disturbance site;

            (2)  Fifty dollars annually for the operation of a chemical fertilizer or pesticide facility;

            (3)  One hundred fifty dollars for the operation of an animal feeding operation or a concentrated animal feeding operation;

            (4)  One hundred fifty dollars annually for new permits for the discharge of process water or storm water potentially contaminated by activities not included in subdivisions (1) to (3) of this subsection.  Persons paying fees pursuant to this subdivision with existing general permits on August 27, 2000, and persons paying fees pursuant to this subdivision who receive renewed general permits on the same facility after August 27, 2000, shall pay sixty dollars annually;

            (5)  Up to two hundred fifty dollars annually for the operation of an aquaculture facility.  

            7.  Requests for modifications to state operating permits on entities that charge a service connection fee pursuant to subsection 10 of this section shall be accompanied by a two hundred dollar fee.  The department may waive the fee if it is determined that the necessary modification was either initiated by the department or caused by an error made by the department.  

            8.  Requests for state operating permit modifications other than those described in subsection 7 of this section shall be accompanied by a fee equal to twenty-five percent of the annual operating fee assessed for the facility pursuant to this section.  The department may waive the fee if it is determined that the necessary modification was either initiated by the department or caused by an error made by the department.  

            9.  Persons requesting water quality certifications in accordance with Section 401 of the Federal Clean Water Act shall pay a fee of seventy-five dollars and shall submit the standard application form for a Section 404 permit as administered by the U.S. Army Corps of Engineers or similar information required for other federal licenses and permits, except that the fee is waived for water quality certifications issued and accepted for activities authorized pursuant to a general permit or nationwide permit by the U.S. Army Corps of Engineers.  

            10.  Persons with a direct or indirect sewer service connection to a public sewer system owned or operated by a city, public sewer district, public water district, or other publicly owned treatment works shall pay an annual fee per water service connection as provided in this subsection.  Customers served by multiple water service connections shall pay such fee for each water service connection, except that no single facility served by multiple connections shall pay more than a total of seven hundred dollars per year.  The fees provided for in this subsection shall be collected by the agency billing such customer for sewer service and remitted to the department.  The fees may be collected in monthly, quarterly or annual increments, and shall be remitted to the department no less frequently than annually.  The fees collected shall not exceed the amounts specified in this subsection and, except as provided in subsection 11 of this section, shall be collected at the specified amounts unless adjusted by the commission in rules.  The annual fees shall not exceed:

            (1)  For sewer systems that serve more than thirty-five thousand customers, forty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

            (2)  For sewer systems that serve equal to or less than thirty-five thousand but more than twenty thousand customers, fifty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

            (3)  For sewer systems that serve equal to or less than twenty thousand but more than seven thousand customers, sixty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

            (4)  For sewer systems that serve equal to or less than seven thousand but more than one thousand customers, seventy cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

            (5)  For sewer systems that serve equal to or less than one thousand customers, eighty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

            (6)  Three dollars for commercial or industrial customers not served by a public water system as defined in chapter 640, RSMo;

            (7)  Three dollars per water service connection for all other customers with water service connections of less than or equal to one inch excluding taps for fire suppression and irrigation systems;

            (8)  Ten dollars per water service connection for all other customers with water service connections of more than one inch but less than or equal to four inches, excluding taps for fire suppression and irrigation systems;

            (9)  Twenty-five dollars per water service connection for all other customers 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 the provisions of section 30(a) of article VI of the Missouri Constitution shall pay the fees set forth in subsection 10 of this section according to the following schedule:

            (1)  From August 28, 2000, through September 30, 2001, customers of any such district shall pay fifty percent of such fees; and

            (2)  Beginning October 1, 2001, customers of any such districts shall pay one hundred percent of such fees.  

            12.  Persons submitting a notice of intent to operate pursuant to a permit by rule shall pay a filing fee of twenty-five dollars.  

            13.  For any general permit issued to a state agency for highway construction pursuant to subdivision (1) of subsection 6 of this section, a single fee may cover all sites subject to the permit.  

            644.054.  1.  Fees imposed in sections 644.052 and 644.053 shall, except for those fees imposed pursuant to subsection 4 and subsections 6 to 13 of section 644.052, become effective October 1, 1990, and shall expire December 31, [2010] 2012.  Fees imposed pursuant to subsection 4 and subsections 6 to 13 of section 644.052 shall become effective August 28, 2000, and shall expire on December 31, [2010] 2012.  The clean water commission shall promulgate rules and regulations on the procedures for billing and collection.  All sums received through the payment of fees shall be placed in the state treasury and credited to an appropriate subaccount of the natural resources protection fund created in section 640.220, RSMo.  Moneys in the subaccount shall be expended, upon appropriation, solely for the administration of sections 644.006 to 644.141.  Fees collected pursuant to subsection 10 of section 644.052 by a city, a public sewer district, a public water district or other publicly owned treatment works are state fees.  Five percent of the fee revenue collected shall be retained by the city, public sewer district, public water district or other publicly owned treatment works as reimbursement of billing and collection expenses.  

            2.  The commission may grant a variance pursuant to section 644.061 to reduce fees collected pursuant to section 644.052 for facilities that adopt systems or technologies that reduce the discharge of water contaminants substantially below the levels required by commission rules.  

            3.  Fees imposed in subsections 2 to 6 of section 644.052 shall be due on the date of application and on each anniversary date of permit issuance thereafter until the permit is terminated.  

            [4.  There shall be convened a joint committee appointed by the president pro tem of the senate and the speaker of the house of representatives to consider proposals for restructuring the fees imposed in sections 644.052 and 644.053.  The committee shall review storm water programs, the state's implementation of the federal clean water program, storm water, and related state clean water responsibilities, and evaluate the costs to the state for maintaining the programs.  The committee shall prepare and submit a report, including recommendations on funding the state clean water program, and storm water programs, to the governor, the house of representatives, and the senate no later than December 31, 2008.]