PURPOSE: This rule levies and sets the amount of the annual Missouri primacy fee and describes the method for collection and delinquent payment of the fee.

1. (1) This rule applies only to community water systems.

2. (2) This rule levies and imposes the Missouri primacy fee authorized by 640.100(5)(2), RSMo. Nothing in this rule in any way affects the obligation of a customer to pay the Missouri Primacy Fee.

   1. (A) The annual Missouri primacy fee per customer service connection for unmetered customers and customers with meters not greater than one inch (1") in size shall be based upon the number of service connections in the water system serving that customer as of September 1 of each annual fee period as follows: 1—1000 connections $3.24 1001—4000 connections $3.00 4001—7000 connections $2.76 7001—10,000 connections $2.40 10,001—20,000 connections $2.16 20,001—35,000 connections $1.92 35,001—50,000 connections $1.56 50,001—100,000 connections $1.32 More than 100,000 connections $1.08
   2. (B) The annual primacy fee for customers having meters greater than one inch (>1"), but less than or equal to two inches (£2") in size, shall be seven dollars and forty-four cents ($7.44); for customers with meters greater than two inches (>2"), but less than or equal to equal to four inches (£4") in size, shall be forty-one dollars and sixteen cents ($41.16) and for customers with meters greater than four inches (>4") in size shall be eighty-two dollars and forty-four cents ($82.44).
   3. (C) Customers served by multiple connections shall pay an annual primacy fee based on the rates listed in subsection (2)(B) for each connection, except that no single facility served by multiple connections shall pay a total of more than five hundred dollars ($500) per year.

3. (3) Fee Period and Collection.

   1. (A) The annual fee period is September 1 through August 31 of each calendar year, unless an alternate schedule was approved by the department.
   2. (B) If a service connection has no customer of record for all of the annual fee period, no fee will be collected with respect to that service connection. If the service connection has a customer of record for any part of the annual fee period, or alternate schedule approved by the department, the fee will be pro-rated to reflect time of service.
4. (4) Remitting Fees to the State. A community water system shall be responsible for remitting to the department the amount collected from its customers no later than sixty
5. (60) days following the end of the fee period.

6. (5) Failure of the Public Water System to Collect or Remit the Fees to the State.

   1. (A) If the fees collected are not remitted as required in section (4), interest shall accrue on the entire amount from the original date payment was due, at a rate of twelve percent (12%) per annum until payment is remitted.
   2. (B) The department may grant an extension of time not to exceed two (2) months, to remit the fees, or may waive interest on fees collected.
   3. (C) In addition to the interest assessed, the department may take action in accordance with section 640.130, RSMo for failure to collect or remit the fees in a timely manner.
7. (6) Regular Rate Collection Practices Authorized. A water supply shall use all customary and regular rate collection practices when a customer fails to pay the primacy fee by the due date of the bill upon which the fee appears.
8. (7) Record Retention. Records documenting the collection of fees from customers shall be preserved by the water system for a period of at least three (3) years unless otherwise authorized by the department and be made available for inspection by the appropriate authority at all times during business hours.

AUTHORITY: section 640.100, RSMo 2016.* Emergency rule filed Dec. 14, 1992, effective Dec. 24, 1992, expired April 22, 1993. Original rule filed Dec. 14, 1992, effective Aug. 9, 1993. Amended: Filed April 13, 2018, effective Dec. 30, 2018. **

*Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1998, 1999, 2002, 2006, 2012, 2014. **Pursuant to Executive Order 21-07, 10 CSR 60-16.010, subsections (5)(A)–(5)(C) was suspended from April 19, 2021 through June 30, 2021. 10 CSR 60-16