640.100. Commission, duties, promulgate rules--political subdivisions may set certain additional standards--certain departments test water supply, when--fees, amount--federal compliance--customer fees - Missouri Statutes

Commission, duties, promulgate rules--political subdivisions may setcertain additional standards--certain departments test watersupply, when--fees, amount--federal compliance--customer fees,effective, expires, when.

640.100. 1. The safe drinking water commission created in section640.105 shall promulgate rules necessary for the implementation,administration and enforcement of sections 640.100 to 640.140 and thefederal Safe Drinking Water Act as amended.

2. No standard, rule or regulation or any amendment or repeal thereofshall be adopted except after a public hearing to be held by the commissionafter at least thirty days' prior notice in the manner prescribed by therulemaking provisions of chapter 536, RSMo, and an opportunity given to thepublic to be heard; the commission may solicit the views, in writing, ofpersons who may be affected by, knowledgeable about, or interested inproposed rules and regulations, or standards. Any person heard orregistered at the hearing, or making written request for notice, shall begiven written notice of the action of the commission with respect to thesubject thereof. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is promulgated to administer and enforcesections 640.100 to 640.140 shall become effective only if the agency hasfully complied with all of the requirements of chapter 536, RSMo, includingbut not limited to section 536.028, RSMo, if applicable, after June 9,1998. All rulemaking authority delegated prior to June 9, 1998, is of noforce and effect and repealed as of June 9, 1998, however, nothing in thissection shall be interpreted to repeal or affect the validity of any ruleadopted or promulgated prior to June 9, 1998. If the provisions of section536.028, RSMo, apply, the provisions of this section are nonseverable andif any of the powers vested with the general assembly pursuant to section536.028, RSMo, to review, to delay the effective date, or to disapprove andannul a rule or portion of a rule are held unconstitutional or invalid, thepurported grant of rulemaking authority and any rule so proposed andcontained in the order of rulemaking shall be invalid and void, except thatnothing in this chapter or chapter 644, RSMo, shall affect the validity ofany rule adopted and promulgated prior to June 9, 1998.

3. The commission shall promulgate rules and regulations for thecertification of public water system operators, backflow preventionassembly testers and laboratories conducting tests pursuant to sections640.100 to 640.140. Any person seeking to be a certified backflowprevention assembly tester shall satisfactorily complete standard,nationally recognized written and performance examinations designed toensure that the person is competent to determine if the assembly isfunctioning within its design specifications. Any such state certificationshall satisfy any need for local certification as a backflow preventionassembly tester. However, political subdivisions may set additionaltesting standards for individuals who are seeking to be certified asbackflow prevention assembly testers. Notwithstanding any other provisionof law to the contrary, agencies of the state or its political subdivisionsshall only require carbonated beverage dispensers to conform to thebackflow protection requirements established in the National SanitationFoundation standard eighteen, and the dispensers shall be so listed by anindependent testing laboratory. The commission shall promulgate rules andregulations for collection of samples and analysis of water furnished bymunicipalities, corporations, companies, state establishments, federalestablishments or individuals to the public. The department of naturalresources or the department of health and senior services shall, at therequest of any supplier, make any analyses or tests required pursuant tothe terms of section 192.320, RSMo, and sections 640.100 to 640.140. Thedepartment shall collect fees to cover the reasonable cost of laboratoryservices, both within the department of natural resources and thedepartment of health and senior services, laboratory certification andprogram administration as required by sections 640.100 to 640.140. Thelaboratory services and program administration fees pursuant to thissubsection shall not exceed two hundred dollars for a supplier supplyingless than four thousand one hundred service connections, three hundreddollars for supplying less than seven thousand six hundred serviceconnections, five hundred dollars for supplying seven thousand six hundredor more service connections, and five hundred dollars for testing surfacewater. Such fees shall be deposited in the safe drinking water fund asspecified in section 640.110. The analysis of all drinking water requiredby section 192.320, RSMo, and sections 640.100 to 640.140 shall be made bythe department of natural resources laboratories, department of health andsenior services laboratories or laboratories certified by the department ofnatural resources.

4. The department of natural resources shall establish and maintainan inventory of public water supplies and conduct sanitary surveys ofpublic water systems. Such records shall be available for publicinspection during regular business hours.

**5. (1) For the purpose of complying with federal requirements formaintaining the primacy of state enforcement of the federal Safe DrinkingWater Act, the department is hereby directed to request appropriations fromthe general revenue fund and all other appropriate sources to fund theactivities of the public drinking water program and in addition to the feesauthorized pursuant to subsection 3 of this section, an annual fee for eachcustomer service connection with a public water system is hereby authorizedto be imposed upon all customers of public water systems in this state.The fees collected shall not exceed the amounts specified in thissubsection and the commission may set the fees, by rule, in a lower amountby proportionally reducing all fees charged pursuant to this subsectionfrom the specified maximum amounts. Reductions shall be roughlyproportional but in each case shall be divisible by twelve. Each customerof a public water system shall pay an annual fee for each customer serviceconnection.

(2) The annual fee per customer service connection for unmeteredcustomers and customers with meters not greater than one inch in size shallbe based upon the number of service connections in the water system servingthat customer, and shall not exceed: 1 to 1,000 connections. . . . . . . . . . . . . . . . . . . . . . .$ 3.24 1,001 to 4,000 connections. . . . . . . . . . . . . . . . . . . . . .3.00 4,001 to 7,000 connections. . . . . . . . . . . . . . . . . . . . . .2.76 7,001 to 10,000 connections . . . . . . . . . . . . . . . . . . . . .2.40 10,001 to 20,000 connections. . . . . . . . . . . . . . . . . . . . .2.16 20,001 to 35,000 connections. . . . . . . . . . . . . . . . . . . . .1.92 35,001 to 50,000 connections. . . . . . . . . . . . . . . . . . . . .1.56 50,001 to 100,000 connections . . . . . . . . . . . . . . . . . . . .1.32 More than 100,000 connections . . . . . . . . . . . . . . . . . . . .1.08.

(3) The annual user fee for customers having meters greater than oneinch but less than or equal to two inches in size shall not exceed sevendollars and forty-four cents; for customers with meters greater than twoinches but less than or equal to four inches in size shall not exceedforty-one dollars and sixteen cents; and for customers with meters greaterthan four inches in size shall not exceed eighty-two dollars and forty-fourcents.

(4) Customers served by multiple connections shall pay an annual userfee based on the above rates for each connection, except that no singlefacility served by multiple connections shall pay a total of more than fivehundred dollars per year.

6. Fees imposed pursuant to subsection 5 of this section shall becomeeffective on August 28, 2006, and shall be collected by the public watersystem serving the customer beginning September 1, 2006, and continuinguntil such time that the safe drinking water commission, at its discretion,specifies a lower amount under subdivision (1) of subsection 5 of thissection. The commission shall promulgate rules and regulations on theprocedures for billing, collection and delinquent payment. Fees collectedby a public water system pursuant to subsection 5 of this section are statefees. The annual fee shall be enumerated separately from all othercharges, and shall be collected in monthly, quarterly or annual increments.Such fees shall be transferred to the director of the department of revenueat frequencies not less than quarterly. Two percent of the revenue arisingfrom the fees shall be retained by the public water system for the purposeof reimbursing its expenses for billing and collection of such fees.

7. Imposition and collection of the fees authorized in subsection 5of this section shall be suspended on the first day of a calendar quarterif, during the preceding calendar quarter, the federally delegatedauthority granted to the safe drinking water program within the departmentof natural resources to administer the Safe Drinking Water Act, 42 U.S.C.300g-2, is withdrawn. The fee shall not be reinstated until the first dayof the calendar quarter following the quarter during which such delegatedauthority is reinstated.

8. Fees imposed pursuant to subsection 5 of this section shall expireon September 1, 2012.

(RSMo 1939 § 9751, A.L. 1978 S.B. 509 § 192.180, A.L. 1981 S.B. 200 merged with S.B. 204, A.L. 1982 S.B. 575, A.L. 1988 H.B. 1242 Revision, A.L. 1989 S.B. 112, et al., A.L. 1992 H.B. 1393, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1996 H.B. 1260 merged with S.B. 598, A.L. 1998 H.B. 1161, A.L. 1999 S.B. 160 & 82, A.L. 2002 S.B. 984 & 985, A.L. 2006 H.B. 1149)

Prior revisions: 1929 § 9031; 1919 § 5787

*Transferred 1978; formerly 192.180

**Fees imposed by this subsection expire 9-01-12

(1996) State cannot require municipality to pay for water test under Art X, Section 21. Missouri Municipal League v. State, 932 S.W.2d 400 (Mo.banc 1996).