PURPOSE: This regulation explains how the Department of Natural Resources implements fees authorized by the Missouri Clean Water Law. It sets the procedures for collection of fees from permit holders. Fees are collected for state operating permits, several permits and construction permits. An appendix to the rule reflects the range of fees that is established under the Missouri Clean Water Law.

1. (1) Fees—General.

   1. (A) All persons who build, erect, alter, replace, operate, use or maintain wastewater treatment facilities shall pay the appropriate fees as designated in sections 644.052 and 644.053, RSMo (see Appendix A).

   2. (B) Definitions.

      1. 1. Definitions as set forth in the Mis-

souri Clean Water Law and 10 CSR 20-2.010 shall apply to those terms when used in this regulation.

1. 2. Industrial process wastewater. This

term as used in section 644.052, RSMo means any water, including storm water, that is regulated under 10 CSR 20-6.200, during manufacturing or processing, which comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product.

1. 3. Privately-owned treatment works. A

treatment works serving a residential area, restaurant, commercial concern or other operation that only produces domestic sewage as defined in section 701.025, RSMo.

1. (C) The fees referenced in subsection (1)(A) shall be paid by check or money order and made payable to the state of Missouri. In the event a check used for the payment of operating fees is returned to the department marked insufficient funds, the person forwarding the check shall be given fifteen (15) days to correct the insufficiency. If payment has not been corrected after fifteen (15) days, the person may be referred to the attorney general’s office and late penalties assessed pursuant to section 644.055, RSMo. When a check used for the payment of a construction fee is returned to the department marked insufficient funds, review of the application shall cease and the applicant shall be notified. If the insufficiency is not corrected after ten

1. (10) days, the application shall be returned as incomplete.

   1. (D) Annual operating fees shall be submitted to: Department of Natural Resources, Division of Management Services, Receipts and Reporting Program, P.O. Box 477, Jefferson City, MO 65102 and construction fees shall be submitted with the application for the construction permit to the appropriate Department of Natural Resources regional office or the Water Pollution Control Program in Jefferson City, Missouri.
   2. (E) Each payment shall identify the following: National Pollutant Discharge Elimination System (NPDES) permit number, payment period and applicant or permittee’s name and address. Persons who own or operate more than one (1) facility may submit one (1) check to cover all annual permit fees, but are responsible for submitting the appropriate information to allow proper credit of each permit file account.
   3. (F) Annual fees shall be paid in full on their due date as defined in section (2) and subsections (3)(A) and (4)(A). Permittees who only discharge intermittently, seasonally or for a short period of time must pay the entire annual fee. Fees are annual fees and may not be prorated. In the event the discharge is eliminated, the permittee is responsible for requesting termination of the permit. When permits are revoked or denied, the annual fees are forfeited. It is unlawful to discharge water contaminants into waters of the state without a permit.
   4. (G) Annual fees are the responsibility of the permittee. Failure to receive a statement due to mailing errors, change of address, ownership changes or other reason(s) is not an excuse for failure to remit the fees. Penalties shall be charged as provided in section 644.055, RSMo.

2. (2) Operating Fees.

   1. (A) All persons who are subject to fees under section 644.052.2, 644.052.4 or 644.052.5, RSMo shall remit their first annual fee with their original application and pay an annual fee each year on the anniversary date of their permit. Permittees with permits in effect at the time these sections become effective shall remit annual fees on the anniversary date of the permit. Persons whose permit is renewed during the duration of these fees shall submit a renewal application one hundred eighty (180) days before their permit expires, but the annual fee shall be paid on the anniversary date. The permit issue date that was in effect on October 1, 1990 shall be the anniversary date during the effective period of section 644.052, RSMo.
   2. (B) All persons who discharge subject to fees under section 644.052.3, RSMo shall pay the pretreatment fee at the time they pay the annual permit fee for the permit designated by the department to include the pretreatment program fees.
   3. (C) All persons who require permits, other than a general permit, for facilities that do not normally discharge such as land applica- 10 CSR 20-6

tion facilities, sludge disposal facilities, agrichemical facilities and no-discharge facilities are subject to fees as follow:

1. 1. Fees are based on the design flow of

the wastewater being handled; and

1. 2. Fees for sludge or solids disposal

facilities are based on the combined total design flow of the wastewater treatment facilities from which the sludge or solids are removed.

1. (3) General Permits and Fees.

   1. (A) General permit fees shall be tendered together with the general permit application. Persons with more than one (1) point source shall obtain a general permit for each point source or specific area. Where there are multiple releases from a single operating location, however, one (1) application may cover all facilities and releases.
   2. (B) The department may issue general permits for the following types of discharges: storm water releases from limestone quarries; hydrostatic pressure checks of pipelines, tanks and related equipment; potable water treatment plants; private trout farms or hatcheries for flow through spring water; swimming pool discharges; emergency spill cleanup sites; storm water releases from facilities that store less than fifty thousand (50,000) gallons of petroleum with no other wastewater; storm water releases from municipalities and industries; domestic wastewater treatment facility with a flow of less than fifty thousand gallons per day (50,000 gpd), except for facilities requiring mechanical aeration, clarification and regular sludge removal for proper operation; and clay pits or gravel washing operations.
   3. (C) The department may issue general permits for the following types of discharges within a given specific area: storm water release points owned or operated by a utility company (a permit will be issued for each county, or the City of St. Louis, in which the utility operates); intermittent releases from the maintenance dredging of lakes owned or controlled by a city, local unit of government or home owners association within their boundaries.

2. (4) Construction Fees.

   1. (A) Construction permit fees shall be tendered together with the construction permit application. Incomplete construction permit applications and related engineering documents will be returned by the department if they are not completed in the time frame established by the department in a comment letter to the owner. Construction permit fees for returned applications shall be forfeited.
   2. (B) Application fees for construction applications being processed by the department that are withdrawn by the applicant shall be forfeited.

   3. (C) Fees for construction permit applications for modification to an existing sewage treatment plant shall be based on the design flow of the plant after the modifications are completed.

      Appendix A

Operating permit—section 644.052, RSMo

Domestic discharges—annual fees

$15 for a design flow under 5000 gallons per day (gpd) $50 for a design flow between 5000 and 249,999 gpd $500 for a design flow between 250,000 and 499,999 gpd $1000 for a design flow between 500,000 and 749,999 gpd $1500 for a design flow between 750,000 and 999,999 gpd $2500 for a design flow of one million gallons per day (1 mgd) but less than 5 mgd $3000 for a design flow of 5 mgd or more

*However, no municipal or publicly—owned sewer district shall pay less than one and one–half cents (1 1/2¢) nor more than ten cents (10¢) per design population equivalent.

Pretreatment—annual fees

$3000 for a city with a pretreatment program where the combined design flow of all the city facilities is less than 5 mgd $6000 for a city with a pretreatment program where the combined design flow of all the city facilities is 5 mgd or more

Industrial discharges—annual fees

Discharges covered by section 644.052.4, RSMo $3500 for a design flow under 1 mgd $5000 for a design flow of 1 mgd or more Discharges covered by section 644.052.5, RSMo $1500 for a design flow under 1 mgd $2500 for a design flow of 1 mgd or more

General permits—permit fee

$150 per permit Construction permits—section 644.053, RSMo

$500 for a sewage treatment plant under 500,000 gpd design flow $1500 for a sewage treatment plant of 500,000 gpd or more $50 for sewer extension under 1000 feet long $200 for a sewer extension over 1000 feet long or the construction of a lift station Permittees proposing to build under more than one (1) construction unit are only required to pay the highest fee.

AUTHORITY: section 644.054, RSMo Supp. 1990.* Emergency rule filed July 27, 1990, effective Sept. 12, 1990, expired Jan. 10, 1991. Original rule filed July 17, 1990, effective Dec. 31, 1990. Amended: Filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed Nov. 22, 1991, effective May 14, 1992. *Original authority 1990.