Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 6 - Permits › Section 10 CSR 20-6.011 - Fees

Current through Register Vol. 49, No. 14, July 15, 2024
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.
(1) Fees-General.
(A) Pursuant to section
				644.057,
				RSMo, beginning on January 1, 2015, all persons who build, erect, alter,
				replace, operate, use, or maintain wastewater treatment facilities shall pay
				the appropriate fees prescribed by this rule.
(B) Definitions.
1. Adjusted design flow. The actual average
				wastewater flow from a human sewage treatment system. If the average flow is
				sixty percent (60%) or less than the system's design flow, the average flow may
				be substituted for the design flow when calculating the permit fee on human
				sewage treatment facilities.
2.
				Definitions as set forth in the Missouri Clean Water Law and
				10 CSR
				20-2.010 apply to those terms when used in this
				regulation.
3. 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.
4. 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.
(C) Submit fees
				associated with this rule to the Missouri Department of Natural Resources. 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 assessed late penalties, 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 (10) days, the application shall be returned as incomplete.
(D) Each payment shall identify the
				following: National Pollutant Discharge Elimination System (NPDES) permit
				number, payment period, and applicant, or the permittee 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
				account.
(E) Annual fees shall be
				paid in full on their due date. 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 forfeit ed. It
				is unlawful to discharge water contaminants into waters of the state without a
				permit.
(F) 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.
(G) Where a person has the
				permit responsibility for more than one (1) operating permit, the department
				may combine the billings by issuing all operating permits with the same
				expiration date. Each facility will continue to operate under and be governed
				by the separate provisions of each individual permit.