Missouri Revised Statutes
Chapter 640
Department of Natural Resources
←640.099
Section 640.100.1
640.102→
August 28, 2015
Commission, duties, promulgate rules--political subdivisions may set certain additional standards--certain departments test water supply, when--fees, amount--federal compliance--customer fees, effective, when.
640.100. 1. The safe drinking water commission created in section
640.105 shall promulgate rules necessary for the implementation,
administration and enforcement of sections 640.100 to 640.140 and the
federal Safe Drinking Water Act as amended.
2. No standard, rule or regulation or any amendment or repeal thereof
shall be adopted except after a public hearing to be held by the commission
after at least thirty days' prior notice in the manner prescribed by the
rulemaking provisions of chapter 536 and an opportunity given to the public
to be heard; the commission may solicit the views, in writing, of persons
who may be affected by, knowledgeable about, or interested in proposed
rules and regulations, or standards. Any person heard or registered at the
hearing, or making written request for notice, shall be given written
notice of the action of the commission with respect to the subject thereof.
Any rule or portion of a rule, as that term is defined in section 536.010,
that is promulgated to administer and enforce sections 640.100 to 640.140
shall become effective only if the agency has fully complied with all of
the requirements of chapter 536, including but not limited to section
536.028, if applicable, after June 9, 1998. All rulemaking authority
delegated prior to June 9, 1998, is of no force and effect and repealed as
of June 9, 1998, however, nothing in this section shall be interpreted to
repeal or affect the validity of any rule adopted or promulgated prior to
June 9, 1998. If the provisions of section 536.028 apply, the provisions
of this section are nonseverable and if any of the powers vested with the
general assembly pursuant to section 536.028 to review, to delay the
effective date, or to disapprove and annul a rule or portion of a rule are
held unconstitutional or invalid, the purported grant of rulemaking
authority and any rule so proposed and contained in the order of rulemaking
shall be invalid and void, except that nothing in this chapter or chapter
644 shall affect the validity of any rule adopted and promulgated prior to
June 9, 1998.
3. The commission shall promulgate rules and regulations for the
certification of public water system operators, backflow prevention
assembly testers and laboratories conducting tests pursuant to sections
640.100 to 640.140. Any person seeking to be a certified backflow
prevention assembly tester shall satisfactorily complete standard,
nationally recognized written and performance examinations designed to
ensure that the person is competent to determine if the assembly is
functioning within its design specifications. Any such state certification
shall satisfy any need for local certification as a backflow prevention
assembly tester. However, political subdivisions may set additional
testing standards for individuals who are seeking to be certified as
backflow prevention assembly testers. Notwithstanding any other provision
of law to the contrary, agencies of the state or its political subdivisions
shall only require carbonated beverage dispensers to conform to the
backflow protection requirements established in the National Sanitation
Foundation standard eighteen, and the dispensers shall be so listed by an
independent testing laboratory. The commission shall promulgate rules and
regulations for collection of samples and analysis of water furnished by
municipalities, corporations, companies, state establishments, federal
establishments or individuals to the public. The department of natural
resources or the department of health and senior services shall, at the
request of any supplier, make any analyses or tests required pursuant to
the terms of section 192.320 and sections 640.100 to 640.140. The
department shall collect fees to cover the reasonable cost of laboratory
services, both within the department of natural resources and the
department of health and senior services, laboratory certification and
program administration as required by sections 640.100 to 640.140. The
laboratory services and program administration fees pursuant to this
subsection shall not exceed two hundred dollars for a supplier supplying
less than four thousand one hundred service connections, three hundred
dollars for supplying less than seven thousand six hundred service
connections, five hundred dollars for supplying seven thousand six hundred
or more service connections, and five hundred dollars for testing surface
water. Such fees shall be deposited in the safe drinking water fund as
specified in section 640.110. The analysis of all drinking water required
by section 192.320 and sections 640.100 to 640.140 shall be made by the
department of natural resources laboratories, department of health and
senior services laboratories or laboratories certified by the department of
natural resources.
4. The department of natural resources shall establish and maintain
an inventory of public water supplies and conduct sanitary surveys of
public water systems. Such records shall be available for public
inspection during regular business hours.
5. (1) For the purpose of complying with federal requirements for
maintaining the primacy of state enforcement of the federal Safe Drinking
Water Act, the department is hereby directed to request appropriations from
the general revenue fund and all other appropriate sources to fund the
activities of the public drinking water program and in addition to the fees
authorized pursuant to subsection 3 of this section, an annual fee for each
customer service connection with a public water system is hereby authorized
to be imposed upon all customers of public water systems in this state.
Each customer of a public water system shall pay an annual fee for each
customer service connection.
(2) The annual fee per customer service connection for unmetered
customers and customers with meters not greater than one inch in size shall
be based upon the number of service connections in the water system serving
that 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 one
inch but less than or equal to two inches in size shall not exceed seven
dollars and forty-four cents; for customers with meters greater than two
inches but less than or equal to four inches in size shall not exceed
forty-one dollars and sixteen cents; and for customers with meters greater
than four inches in size shall not exceed eighty-two dollars and forty-four
cents.
(4) Customers served by multiple connections shall pay an annual user
fee based on the above rates for each connection, except that no single
facility served by multiple connections shall pay a total of more than five
hundred dollars per year.
6. Fees imposed pursuant to subsection 5 of this section shall become
effective on August 28, 2006, and shall be collected by the public water
system serving the customer beginning September 1, 2006, and continuing
until such time that the safe drinking water commission, at its discretion,
specifies a different amount under subsection 8 of this section. The
commission shall promulgate rules and regulations on the procedures for
billing, collection and delinquent payment. Fees collected by a public
water system pursuant to subsection 5 of this section and fees established
by the commission pursuant to subsection 8 of this section are state fees.
The annual fee shall be enumerated separately from all other charges, and
shall be collected in monthly, quarterly or annual increments. Such fees
shall be transferred to the director of the department of revenue at
frequencies not less than quarterly. Two percent of the revenue arising
from the fees shall be retained by the public water system for the purpose
of reimbursing its expenses for billing and collection of such fees.
7. Imposition and collection of the fees authorized in subsection 5
and fees established by the commission pursuant to subsection 8 of this
section shall be suspended on the first day of a calendar quarter if,
during the preceding calendar quarter, the federally delegated authority
granted to the safe drinking water program within the department of natural
resources to administer the Safe Drinking Water Act, 42 U.S.C. Section
300g-2, is withdrawn. The fee shall not be reinstated until the first day
of the calendar quarter following the quarter during which such delegated
authority is reinstated.
*8. Notwithstanding any statutory fee amounts or maximums to the
contrary, the department of natural resources may conduct a comprehensive
review and propose changes to the fee structure set forth in this section.
The comprehensive review shall include stakeholder meetings in order to
solicit stakeholder input from public and private water suppliers, and any
other interested parties. Upon completion of the comprehensive review, the
department shall submit a proposed fee structure with stakeholder agreement
to the safe drinking water commission. The commission shall review such
recommendations at a forthcoming regular or special meeting, but shall not
vote on the fee structure until a subsequent meeting. If the commission
approves, by vote of two-thirds majority or six of nine commissioners, the
fee structure recommendations, the commission shall authorize the
department to file a notice of proposed rulemaking containing the
recommended fee structure, and after considering public comments may
authorize the department to file the final order of rulemaking for such
rule with the joint committee on administrative rules pursuant to sections
536.021 and 536.024 no later than December first of the same year. If such
rules are not disapproved by the general assembly in the manner set out
below, they shall take effect on January first of the following calendar
year, at which point the existing fee structure shall expire. Any
regulation promulgated under this subsection shall be deemed to be beyond
the scope and authority provided in this subsection, or detrimental to
permit applicants, if the general assembly within the first sixty calendar
days of the regular session immediately following the filing of such
regulation disapproves the regulation by concurrent resolution. If the
general assembly so disapproves any regulation filed under this subsection,
the department and the commission shall not implement the proposed fee
structure and shall continue to use the previous fee structure. The
authority of the commission to further revise the fee structure as provided
by this subsection shall expire on August 28, 2024.
(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, A.L. 2012 H.B. 1251, A.L.
2014 S.B. 642)
Prior revisions: 1929 § 9031; 1919 § 5787
*Authority to revise fee structure expires 8-28-24.
2012
2006
2002
1999
2012
640.100. 1. The department of natural resources shall make
and enforce rules and regulations for the maintenance of a safe
quality of water dispensed to the public.
2. No standard, rule or regulation or any amendment or
repeal thereof shall be adopted except after a public hearing to
be held by the department of natural resources after at least
thirty days prior notice in the manner prescribed by the
rulemaking provisions of chapter 536, RSMo 1969, and an
opportunity given to the public to be heard; the department of
natural resources may solicit the views, in writing, of persons
who may be affected by, knowledgeable about, or interested in
proposed rules and regulations, or standards. Any person heard
or registered at the hearing, or making written request for
notice, shall be given written notice of the action of the
department of natural resources with respect to the subject
thereof.
3. Any rule or portion of a rule promulgated pursuant to the
provisions of this chapter may be suspended by the joint
committee on administrative rules if, after a hearing thereon,
the committee finds that such rule or portion of a rule is beyond
or contrary to the statutory authority of the department of
natural resources, or is inconsistent with the statute
authorizing the promulgation of such rule or portion of a rule.
The general assembly may reinstate such rule or portion of a rule
by concurrent resolution signed by the governor.
4. The department of natural resources shall make rules and
regulations for the collection of samples and analysis of water
furnished by municipalities, corporations, companies, state
establishments, federal establishments or individuals to the
public. The department of natural resources or the department of
health shall, at the request of any supplier, make any analyses
or tests required under the terms of section 192.320, RSMo, and
sections 640.100 to 640.140. The department shall establish fees
to cover the reasonable cost of laboratory services, both within
the department of natural resources and the department of health,
and program administration as required by sections 640.100 to
640.140. The fee shall not exceed eighty dollars for a supplier
supplying less than four thousand one hundred service
connections, one hundred thirty dollars for supplying less than
seven thousand six hundred service connections, one hundred
eighty dollars for supplying seven thousand six hundred or more
service connections, and two hundred thirty dollars for testing
surface water. Such fees shall be deposited in the safe drinking
water fund as specified in section 640.110. The analysis of all
drinking water required by section 192.320, RSMo, and sections
640.100 to 640.140 shall be made by the department of natural
resources laboratories, department of health laboratories or
laboratories certified by the department of natural resources.
5. The department of natural resources shall establish and
maintain an inventory of public water supplies and conduct
sanitary surveys of public water systems. Such records shall be
available for public inspection during regular business hours.
6. The director of the department of natural resources shall
appoint a safe drinking water advisory committee to assist and
advise the director in the promulgation of rules and regulations
to ensure the quality of drinking water. Prior to public
hearings for the adoption of rules and regulations the department
of natural resources shall make available to the advisory
committee all background information and data for the proposed
rules and regulations. Any findings and reports of the advisory
committee shall be available to the public by the department of
natural resources. Information so transmitted shall be
considered by the director, with other comments and information
obtained during public hearings, in making a final determination.
2006
640.100. 1. The department of natural resources shall make
and enforce rules and regulations for the maintenance of a safe
quality of water dispensed to the public.
2. No standard, rule or regulation or any amendment or
repeal thereof shall be adopted except after a public hearing to
be held by the department of natural resources after at least
thirty days prior notice in the manner prescribed by the
rulemaking provisions of chapter 536, RSMo 1969, and an
opportunity given to the public to be heard; the department of
natural resources may solicit the views, in writing, of persons
who may be affected by, knowledgeable about, or interested in
proposed rules and regulations, or standards. Any person heard
or registered at the hearing, or making written request for
notice, shall be given written notice of the action of the
department of natural resources with respect to the subject
thereof.
3. Any rule or portion of a rule promulgated pursuant to the
provisions of this chapter may be suspended by the joint
committee on administrative rules if, after a hearing thereon,
the committee finds that such rule or portion of a rule is beyond
or contrary to the statutory authority of the department of
natural resources, or is inconsistent with the statute
authorizing the promulgation of such rule or portion of a rule.
The general assembly may reinstate such rule or portion of a rule
by concurrent resolution signed by the governor.
4. The department of natural resources shall make rules and
regulations for the collection of samples and analysis of water
furnished by municipalities, corporations, companies, state
establishments, federal establishments or individuals to the
public. The department of natural resources or the department of
health shall, at the request of any supplier, make any analyses
or tests required under the terms of section 192.320, RSMo, and
sections 640.100 to 640.140. The department shall establish fees
to cover the reasonable cost of laboratory services, both within
the department of natural resources and the department of health,
and program administration as required by sections 640.100 to
640.140. The fee shall not exceed eighty dollars for a supplier
supplying less than four thousand one hundred service
connections, one hundred thirty dollars for supplying less than
seven thousand six hundred service connections, one hundred
eighty dollars for supplying seven thousand six hundred or more
service connections, and two hundred thirty dollars for testing
surface water. Such fees shall be deposited in the safe drinking
water fund as specified in section 640.110. The analysis of all
drinking water required by section 192.320, RSMo, and sections
640.100 to 640.140 shall be made by the department of natural
resources laboratories, department of health laboratories or
laboratories certified by the department of natural resources.
5. The department of natural resources shall establish and
maintain an inventory of public water supplies and conduct
sanitary surveys of public water systems. Such records shall be
available for public inspection during regular business hours.
6. The director of the department of natural resources shall
appoint a safe drinking water advisory committee to assist and
advise the director in the promulgation of rules and regulations
to ensure the quality of drinking water. Prior to public
hearings for the adoption of rules and regulations the department
of natural resources shall make available to the advisory
committee all background information and data for the proposed
rules and regulations. Any findings and reports of the advisory
committee shall be available to the public by the department of
natural resources. Information so transmitted shall be
considered by the director, with other comments and information
obtained during public hearings, in making a final determination.
2002
640.100. 1. The department of natural resources shall make
and enforce rules and regulations for the maintenance of a safe
quality of water dispensed to the public.
2. No standard, rule or regulation or any amendment or
repeal thereof shall be adopted except after a public hearing to
be held by the department of natural resources after at least
thirty days prior notice in the manner prescribed by the
rulemaking provisions of chapter 536, RSMo 1969, and an
opportunity given to the public to be heard; the department of
natural resources may solicit the views, in writing, of persons
who may be affected by, knowledgeable about, or interested in
proposed rules and regulations, or standards. Any person heard
or registered at the hearing, or making written request for
notice, shall be given written notice of the action of the
department of natural resources with respect to the subject
thereof.
3. Any rule or portion of a rule promulgated pursuant to the
provisions of this chapter may be suspended by the joint
committee on administrative rules if, after a hearing thereon,
the committee finds that such rule or portion of a rule is beyond
or contrary to the statutory authority of the department of
natural resources, or is inconsistent with the statute
authorizing the promulgation of such rule or portion of a rule.
The general assembly may reinstate such rule or portion of a rule
by concurrent resolution signed by the governor.
4. The department of natural resources shall make rules and
regulations for the collection of samples and analysis of water
furnished by municipalities, corporations, companies, state
establishments, federal establishments or individuals to the
public. The department of natural resources or the department of
health shall, at the request of any supplier, make any analyses
or tests required under the terms of section 192.320, RSMo, and
sections 640.100 to 640.140. The department shall establish fees
to cover the reasonable cost of laboratory services, both within
the department of natural resources and the department of health,
and program administration as required by sections 640.100 to
640.140. The fee shall not exceed eighty dollars for a supplier
supplying less than four thousand one hundred service
connections, one hundred thirty dollars for supplying less than
seven thousand six hundred service connections, one hundred
eighty dollars for supplying seven thousand six hundred or more
service connections, and two hundred thirty dollars for testing
surface water. Such fees shall be deposited in the safe drinking
water fund as specified in section 640.110. The analysis of all
drinking water required by section 192.320, RSMo, and sections
640.100 to 640.140 shall be made by the department of natural
resources laboratories, department of health laboratories or
laboratories certified by the department of natural resources.
5. The department of natural resources shall establish and
maintain an inventory of public water supplies and conduct
sanitary surveys of public water systems. Such records shall be
available for public inspection during regular business hours.
6. The director of the department of natural resources shall
appoint a safe drinking water advisory committee to assist and
advise the director in the promulgation of rules and regulations
to ensure the quality of drinking water. Prior to public
hearings for the adoption of rules and regulations the department
of natural resources shall make available to the advisory
committee all background information and data for the proposed
rules and regulations. Any findings and reports of the advisory
committee shall be available to the public by the department of
natural resources. Information so transmitted shall be
considered by the director, with other comments and information
obtained during public hearings, in making a final determination.
1999
640.100. 1. The safe drinking water commission created in section
640.105 shall promulgate rules necessary for the implementation,
administration and enforcement of sections 640.100 to 640.140 and the federal
Safe Drinking Water Act as amended.
2. No standard, rule or regulation or any amendment or repeal thereof
shall be adopted except after a public hearing to be held by the commission
after at least thirty days' prior notice in the manner prescribed by the
rulemaking provisions of chapter 536, RSMo, and an opportunity given to the
public to be heard; the commission may solicit the views, in writing, of
persons who may be affected by, knowledgeable about, or interested in proposed
rules and regulations, or standards. Any person heard or registered at the
hearing, or making written request for notice, shall be given written notice
of the action of the commission with respect to the subject thereof. Any rule
or portion of a rule, as that term is defined in section 536.010, RSMo, that
is promulgated to administer and enforce sections 640.100 to 640.140 shall
become effective only if the agency has fully complied with all of the
requirements of chapter 536, RSMo, including but not limited to, section
536.028, RSMo, if applicable, after June 9, 1998. All rulemaking authority
delegated prior to June 9, 1998, is of no force and effect and repealed as of
June 9, 1998, however, nothing in this section shall be interpreted to repeal
or affect the validity of any rule adopted or promulgated prior to June 9,
1998. If the provisions of section 536.028, RSMo, apply, the provisions of
this section are nonseverable and if any of the powers vested with the general
assembly pursuant to section 536.028, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule or portion of a rule are held
unconstitutional or invalid, the purported grant of rulemaking authority and
any rule so proposed and contained in the order of rulemaking shall be invalid
and void, except that nothing in this chapter or chapter 644, RSMo, shall
affect the validity of any rule adopted and promulgated prior to June 9, 1998.
3. The commission shall promulgate rules and regulations for the
certification of public water system operators, backflow prevention assembly
testers and laboratories conducting tests pursuant to sections 640.100 to
640.140. Any person seeking to be a certified backflow prevention assembly
tester shall satisfactorily complete standard, nationally recognized written
and performance examinations designed to ensure that the person is competent
to determine if the assembly is functioning within its design specifications.
Any such state certification shall satisfy any need for local certification as
a backflow prevention assembly tester. However, political subdivisions may
set additional testing standards for individuals who are seeking to be
certified as backflow prevention assembly testers. Notwithstanding any other
provision of law to the contrary, agencies of the state or its political
subdivisions shall only require carbonated beverage dispensers to conform to
the backflow protection requirements established in the National Sanitation
Foundation standard eighteen, and the dispensers shall be so listed by an
independent testing laboratory. The commission shall promulgate rules and
regulations for collection of samples and analysis of water furnished by
municipalities, corporations, companies, state establishments, federal
establishments or individuals to the public. The department of natural
resources or the department of health and senior services shall, at the
request of any supplier, make any analyses or tests required pursuant to the
terms of section 192.320, RSMo, and sections 640.100 to 640.140. The
department shall collect fees to cover the reasonable cost of laboratory
services, both within the department of natural resources and the department
of health and senior services, laboratory certification and program
administration as required by sections 640.100 to 640.140. The laboratory
services and program administration fees pursuant to this subsection shall not
exceed two hundred dollars for a supplier supplying less than four thousand
one hundred service connections, three hundred dollars for supplying less than
seven thousand six hundred service connections, five hundred dollars for
supplying seven thousand six hundred or more service connections, and five
hundred dollars for testing surface water. Such fees shall be deposited in
the safe drinking water fund as specified in section 640.110. The analysis of
all drinking water required by section 192.320, RSMo, and sections 640.100 to
640.140 shall be made by the department of natural resources laboratories,
department of health and senior services laboratories or laboratories
certified by the department of natural resources.
4. The department of natural resources shall establish and maintain an
inventory of public water supplies and conduct sanitary surveys of public
water systems. Such records shall be available for public inspection during
regular business hours.
5. (1) For the purpose of complying with federal requirements for
maintaining the primacy of state enforcement of the federal Safe Drinking
Water Act, the department is hereby directed to request appropriations from
the general revenue fund and all other appropriate sources to fund the
activities of the public drinking water program and in addition to the fees
authorized pursuant to subsection 3 of this section, an annual fee for each
customer service connection with a public water system is hereby authorized to
be imposed upon all customers of public water systems in this state. The fees
collected shall not exceed the amounts specified in this subsection and the
commission may set the fees, by rule, in a lower amount by proportionally
reducing all fees charged pursuant to this subsection from the specified
maximum amounts. Each customer of a public water system shall pay an annual
fee for each customer service connection.
(2) The annual fee per customer service connection for unmetered
customers and customers with meters not greater than one inch in size, shall
be based upon the number of service connections in the water system serving
that customer, and shall not exceed:
1 to 1,000 connections . . . . . . . . . . . . . . $2.00
1,001 to 4,000 connections . . . . . . . . . . . . 1.84
4,001 to 7,000 connections . . . . . . . . . . . . 1.67
7,001 to 10,000 connections . . . . . . . . . . . 1.50
10,001 to 20,000 connections . . . . . . . . . . 1.34
20,001 to 35,000 connections . . . . . . . . . . . 1.17
35,001 to 50,000 connections . . . . . . . . . . . 1.00
50,001 to 100,000 connections . . . . . . . . . . .84
More than 100,000 connections . . . . . . . . . . .66.
(3) The annual user fee for customers having meters greater than one
inch but less than or equal to two inches in size shall not exceed five
dollars; for customers with meters greater than two inches but less than or
equal to four inches in size shall not exceed twenty-five dollars; and for
customers with meters greater than four inches in size shall not exceed fifty
dollars.
(4) Customers served by multiple connections shall pay an annual user
fee based on the above rates for each connection, except that no single
facility served by multiple connections shall pay a total of more than five
hundred dollars per year.
6. Fees imposed pursuant to subsection 5 of this section shall become
effective on August 28, 1992, and shall be collected by the public water
system serving the customer. The commission shall promulgate rules and
regulations on the procedures for billing, collection and delinquent payment.
Fees collected by a public water system pursuant to subsection 5 of this
section are state fees. The annual fee shall be enumerated separately from
all other charges, and shall be collected in monthly, quarterly or annual
increments. Such fees shall be transferred to the director of the department
of revenue at frequencies not less than quarterly. Two percent of the revenue
arising from the fees shall be retained by the public water system for the
purpose of reimbursing its expenses for billing and collection of such fees.
7. Imposition and collection of the fees authorized in subsection 5 of
this section shall be suspended on the first day of a calendar quarter if,
during the preceding calendar quarter, the federally delegated authority
granted to the safe drinking water program within the department of 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 day of the
calendar quarter following the quarter during which such delegated authority
is reinstated.
**8. Fees imposed pursuant to subsection 5 of this section shall expire
on September 1, 2002.
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