Hazardous Waste Compliance Inspection Fees

PURPOSE: This rule sets fees to be paid to the department by owners or operators of commercial hazardous waste treatment, storage, and disposal facilities. The fees will fund hazardous waste compliance inspections at these facilities. This rule also establishes procedures for billing and payment of the fees. (1) Applicability. Pursuant to section 260.370.2, RSMo, this rule is applicable to owners or operators of hazardous waste facilities who have obtained, or are required to obtain, a hazardous waste facility permit and who accept, on a commercial basis for remuneration, hazardous waste from off-site sources for treatment, storage, or disposal. If multiple facilities with unique United States Environmental Protection Agency (U.S. EPA) identification numbers are owned or operated by a person or company, the inspection fees applicable under this rule shall be paid by the owner or operator for each facility with a unique U.S. EPA identification number. (2) Fees Applicable to Commercial Hazardous Waste Treatment, Storage, and Disposal Facilities for Compliance Inspections. (A) An annual fee not to exceed the values in Table 1 of this rule shall be assessed to each operating commercial hazardous waste treatment, storage, or disposal facility for hazardous waste compliance inspections. The applicable inspection fee in Table 1 shall be based on the volume of hazardous waste managed by the facility that was received from off-site sources during the period of July 1 of each year through June 30 of the following year. The department will use the data reported in the facility quarterly manifest summary reports that are submitted by the facility as required by 10 CSR 25-12.010(4) to determine the amount of off-site waste managed by each facility. (B) For new facilities for which there is no facility quarterly manifest summary report data available, the facility shall submit to the department an estimate of the volume of hazardous waste that will be managed during the period from the date hazardous waste is first received from off site to the following June 30. This estimate shall be provided to the department no later than thirty (30) days prior to the first expected receipt of hazardous waste from off site. This estimate shall be submitted to the Director, Waste Management Program, Missouri Department of Natural Resources, PO Box 176, Jefferson City, MO 65102. The inspection fee for new facilities shall be determined from Table 1 using the estimated volume of waste to be received from off site for treatment, storage, or disposal during the first year of operation. Existing facilities which have not received hazardous waste from off-site sources during the period of July 1 of each year through June 30 of the following year, and facilities which have changed ownership, will be considered new facilities for purposes of determining the applicable inspection fee from Table 1. Table 1 Yearly Inspection Fees Based on Volume of Hazardous Waste Accepted Metric Tons (kkg) of Hazardous Waste Received from Off-Site Sources Annual Fee 10,000 kkg or more $12,000 2,500 to 9,999 kkg $10,800 0 to 2,499 kkg $9,800 (3) Billing and Payment of Compliance Inspection Fees. (A) The department shall bill each facility by December 1 of each year for payment of inspection fees. The facility shall pay the inspection fees on or before January 1. (Note: The inspection fee money collected from hazardous waste facilities, which has been determined from the facility quarterly manifest summary report data as specified in subsection (2)(A) and Table 1 of this rule, will fund compliance inspections for the following calendar year.) (B) For new facilities for which there is no facility quarterly manifest summary report data available, the inspection fee bill shall be based on an estimate of the volume of hazardous waste to be accepted from off-site sources. The facility shall provide this estimate to the department as specified in subsection (2) (B) of this rule. The department shall issue a bill to the facility based on the volume estimate provided by the facility in accordance with subsection (2)(B) and Table 1 of this rule within thirty (30) days of receipt of this information. The facility shall submit payment of the required inspection fees within thirty (30) days of the department billing. (Note: The inspection fee money collected in accordance with this subsection will fund compliance inspections for the remainder of the calendar year in which the fee is billed.) 1. If, at the time of the next scheduled billing cycle, the department determines that the facility has overestimated inspection fees based on the actual amount of off-site hazardous waste managed during the initial period of operation, the facility will be credited for the amount of the overestimate for the following year. No refunds of inspection fee overestimates will be made. 2. If, at the time of the next scheduled billing cycle, the department determines that the facility has underestimated inspection fees based on the actual amount of off-site hazardous waste managed during the initial period of operation, the facility will be billed by the department for the amount of the underestimate. Payment of this fee shall be required within thirty (30) days of the facility’s receipt of the department’s billing. (C) Inspection fee payments shall be made payable to Missouri, Director of Revenue. Inspection fee money shall be deposited into the hazardous waste fund as specified in section 260.391.3., RSMo. (D) Any facility which fails to pay inspection fees by the applicable date specified in this rule shall be required to pay a penalty in addition to the inspection fee. The penalty shall be equal to fifteen percent (15%) of the fees due. In addition, if the fees are not paid by the required date, the facility shall pay interest at a rate of twelve percent (12%) per annum on any amounts owed. (E) A payment for any of the fees contained in this chapter will be considered late in the following circumstances: 1. A credit card or other form of electronic payment is received after the applicable deadline set in rule; 2. A check has a date after the applicable deadline set in rule; 3. A check arrives in an envelope that has a postmark after the applicable deadline set in rule; 4. A check is delivered directly to the department after the applicable deadline set in rule; and 5. A check dated prior to the deadline set in rule is received fourteen (14) days or later after the applicable deadline set in rule and the envelope does not have a postmark to indicate when it was mailed. (4) This rule does not preclude the department from seeking from commercial hazardous waste facilities recovery of costs incurred by the department as a result of any enforcement action against any hazardous waste facility. AUTHORITY: sections 260.370 and 260.390, RSMo 2016, and section 260.391, RSMo Supp. 2024.* Original rule filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed March 22, 1996, effective Nov. 30, 1996. ** Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.391, RSMo 1980, amended 1993, 2000, 2005, 2018. **Pursuant to Executive Order 21-07, 10 CSR 25-12.020, subsection (3)(D) was suspended from April 19, 2021 through June 30, 2021.