PURPOSE: This rule explains the requirements of registration of active dry cleaning facilities and the requirements of the solvent providers. (1) Every active dry cleaning facility shall pay, in addition to any other environmental response surcharges, an annual dry cleaning facility registration surcharge in accordance with section 260.935, RSMo.

1. (A) The annual dry cleaner facility registration surcharge follows:

   1. 1. Five hundred dollars ($500) for facil-

ities which use no more than one hundred forty (140) gallons of chlorinated solvents per year;

1. 2. One thousand dollars ($1,000) for

facilities which use more than one hundred forty (140) gallons of chlorinated solvents and less than three hundred sixty (360) gallons of chlorinated per year; and

1. 3. Fifteen hundred dollars ($1,500) for

facilities which use at least three hundred sixty (360) gallons of chlorinated solvents per year.

1. (B) The annual dry cleaning facility registration surcharge is due on April 1 of each calendar year on a form provided by the department, on a reproduction of a form provided by the department, or a substitute version of a form approved by the department. The annual dry cleaning facility registration fee is determined based upon solvent use for the previous calendar year. Failure to keep registration current may cause an active dry cleaning facility to be ineligible for the Dry- Cleaning Environmental Response Trust (DERT) Fund.
2. (C) If any person does not pay the annual dry cleaning facility registration surcharge in full within thirty (30) days from the date prescribed for such payment, the department shall impose and such person shall pay, in addition to the annual dry cleaning facility registration surcharge owed by such person, a penalty of fifteen percent (15%) and interest upon the unpaid amount at the rate of ten percent (10%) per annum from the date prescribed for payment of the annual dry cleaning registration surcharge and penalties until such payment is actually made. Such penalty and interest shall be deposited in the DERT Fund.

1. (2) Every seller or provider of dry cleaning solvent for use in this state shall pay, in addition to any other environmental response surcharges, a dry cleaning solvent surcharge on the sale or provision of dry cleaning solvent in accordance with section 260.940, RSMo. The dry cleaning solvent surcharge required in this section shall be paid by the seller or provider on a quarterly basis and shall be paid to the department for the previous quarter. Quarterly reporting periods shall end on March 31, June 30, September 30, and December 31 of each calendar year. Quarterly reports and the accompanying surcharge payment shall be received by the department no later than thirty (30) days after the end of each reporting quarter.

   1. (A) The amount of the dry cleaning solvent surcharge imposed by this section on each gallon of dry cleaning solvent shall be an amount equal to the product of the solvent factor for the dry cleaning solvent and the rate of eight dollars ($8) per gallon.

      1. 1. The solvent factor for each dry clean-

ing solvent is as follows:

1. A. For perchloroethylene, the solvent

factor is 1.00;

1. B. For 1,1,1-trichloroethane, the sol-

vent factor is 1.00;

1. C. For other chlorinated dry cleaning

solvents, the solvent factor is 1.00.

1. (B) In the case of a fraction of a gallon, the dry cleaning solvent surcharge imposed by this section shall be the same fraction of the fee imposed on a whole gallon.
2. (C) Dry cleaning solvent surcharge reporting will be done on a form provided by the department, on a reproduction of a form provided by the department, or a substitute version of a form approved by the department. This form shall include a list of facilities that the solvent provider has provided solvents to and the type of solvent and amount delivered to each.
3. (D) The dry cleaning solvent surcharge required in this section shall be paid to the department by the seller or provider of the dry cleaning solvent, regardless of the location of such seller or provider.
4. (E) If any person does not pay the dry cleaning solvent surcharge in full on the date prescribed for such payment, the department shall impose and such person shall pay, in addition to the dry cleaning solvent surcharge owed by such person, a penalty of fifteen percent (15%) and interest upon the unpaid amount at the rate of ten percent (10%) per annum from the date prescribed for payment of the dry cleaning solvent surcharge and penalties until such payment is actually made. Such penalty and interest shall be deposited in the DERT Fund.
5. (F) An operator of a dry cleaning facility shall not purchase or obtain solvent from a seller or provider who does not pay the dry cleaning solvent charge, as provided in this rule. Any operator of a dry cleaning facility who fails to obey the provisions of this rule shall be required to pay the dry cleaning solvent surcharge for any dry cleaning solvent purchased or obtained from a seller or provider who fails to pay the proper dry cleaning solvent surcharge as determined by the department. Any operator of a dry cleaning facility who fails to follow the provisions of this subsection shall also be charged a penalty of fifteen percent (15%) of the dry cleaning solvent surcharge owed. Any operator of a dry cleaning facility who fails to obey the provisions of this subsection shall also be subject to the interest provisions of subsection (2)(E) of this section. If a seller or provider of dry cleaning solvent charges the operator of a dry cleaning facility the dry cleaning solvent surcharge provided for in this section when the solvent is purchased or obtained by the operator and the operator can prove that the operator made full payment of the surcharge to the seller or provider but the seller or provider fails to pay the surcharge to the department as required by this section, then the operator shall not be liable pursuant to this subsection for interest, penalties or the seller’s or provider’s unpaid surcharge.
6. (G) A solvent supplier shall not provide dry cleaning solvents to an active dry cleaning facility that has not paid its annual dry cleaning facility registration surcharge.

1. (3) The department will provide a receipt to each person that pays the annual dry cleaning facility registration surcharge and the dry cleaning solvent surcharge.
2. (4) An owner or operator of a facility will inform the department of the opening of a new dry cleaning facility on a form provided by the department within thirty (30) days of the start of operations.
3. (5) An owner or operator of an active dry cleaning facility will notify the department of a change in ownership of the facility on a form provided by the department within thirty (30) days after the change of ownership occurs.

AUTHORITY: sections 260.905, 260.935 and 260.940, RSMo Supp. 2005.* Original rule filed Oct. 3, 2005, effective May 30, 2006.

*Original authority: 260.905, RSMo 2000, amended 2005; 260.935, RSMo 2000, amended 2005; and 260.940, RSMo 2000, amended 2005.