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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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.

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 operations.

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 environment.

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 municipal district.

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 over $25,000.

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.
OTTO FAJEN