SB741 - Revises water resource laws
||Revises water resource laws
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Current Bill Summary
|LR Number:||3132L.06T ||Fiscal Note:||3132-06|
|Last Action:||06/27/00 - Signed by Governor (w/EC) ||Journal page:|| |
|Title:||HCS SB 741 |
|Effective Date:||August 28, 2000 |
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
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
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
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
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.
This act gives the Clean Water Commission of the State of
Missouri the authority to establish general permits for
construction and establish fees.
This act creates a fee structure for individuals who apply
for or possess an operator's certificate for wastewater or
concentrated animal feeding operation waste management
A fee of three hundred dollars ($300) will be paid by
persons submitting reports for approval to use on-site systems
for residential housing developments.
The fees established in this act will expire on December 31,
2007. Five percent of the revenue from the fees will be retained
by the city, public sewer district, public water district or
other publicly owned treatment works for the reimbursement of its
expenses for billing and collection of such fees. The Commission
will promulgate rules and regulations on the procedures for
billing and collections.
The act requires the Department to complete construction and
site-specific operating permit reviews within 180 days and
general permit reviews within 60 days or the applicable permit
fees shall be refunded to the applicant.
The Commission may promulgate permits by rule for sources of
contaminants which pose a reduced threat to public health or the
The act eliminates requirements for manhole and PVC pipe
leakage testing when treatment facilities and sewer systems are
constructed and permitted.
The act expands eligibility for state assistance pursuant to
chapter 644, RSMo, to any entity eligible to apply for assistance
under the federal Clean Water Act or the Safe Drinking Water Act.
The portion of the act pertaining to water pollution permit
fees is similar to HB 1927, SB 983 and SCS/HB 1074.
WATER DISTRICTS - When a joint municipal utility district
dissolves, a member public water supply district may petition
Circuit Court to amend the district boundaries to permit it to
provide service in the area previously served by the joint
Public water supply district territory may be detached if
contractual obligations are less than $25,000. Cities may annex
the territory and must pay or assume any contractual obligations
FEES FOR SEWER LATERAL LINES - St. Charles County and cities
within the county are authorized to impose a $7 fee on dwelling
units to be used to replace defective sewer service lateral lines
to such property.
DISCONNECTION OF SEWER SERVICE - Public sewer districts may
disconnect customers if charges remain unpaid for three months.
SOIL AND WATER CONSERVATION - This act reorganizes the Soil and
Water Conservation Commission by expanding the number of farmer
members from five to six with the three ex-officio members
remaining the same. Three of the farmer members shall reside
north of the Missouri River and three shall reside south. No
senatorial district may have more than one farmer member. The
Department of Conservation is also added as an ex-officio member.
Four farmer members must be present in order to determine an
action by the Commission and the chairperson may vote.
Soil and water conservation district offices must obtain
permission from the state Soil and Water Districts Commission to
offer farm products for sale, if the Commission receives at least
three complaints and notifies the district. Upon request, all
districts must provide information on the complaint procedure.
The Commission may grant approval to market, buy, or sell farm
products which are reasonably related to soil and water
conservation and are not readily available in the area. If
approval is granted, no complaints will be accepted by the
Commission within one year. The Commission must enact rules to
allow districts to sell existing inventory if they receive a
denial. Districts with pending approval will not be allowed to
replenish inventory until final approval. This portion of the
act contains an emergency clause. This portion of the act
incorporates the provisions of HCS/SB 558.