Levy and Collection of the Missouri Primacy Fee

PURPOSE: This rule levies and sets the amount of the Missouri primacy fee and describes the method of collection and delinquent payment. The fees established in sections 640.100.5(2) and (3), RSMo, are effective through December 31, 2021. The fee structure in this rule becomes effective on January 1, 2022. (1) This rule applies only to community water systems. (2) This rule levies and imposes the Missouri primacy fee authorized by 640.100.5(2) and (3), RSMo. Nothing in this rule in any way affects the obligation of a customer to pay the Missouri primacy fee. (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: 11—10,000 connections $5.28 10,001—50,000 connections $4.80 50,001—100,000 connections $4.20 Greater than 100,000 connections $3.48 (B) The annual Missouri primacy fee per service connection for unmetered customers and customers with meters not greater than one inch (1") in size for community water systems with ten (10) or fewer connections shall be fifty dollars ($50) divided by the number of connections in the water system. (C) 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 twenty-one dollars ($21); for customers with meters greater than two inches (>2"), but less than or equal to four inches (≤4") in size, shall be one hundred and two dollars ($102); and for customers with meters greater than four inches (>4") in size shall be one hundred ninety-eight dollars ($198). (D) Customers served by multiple connections shall pay an annual primacy fee based on the rates listed in this section 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) Fee Period and Collection. (A) The annual fee period is September 1 through August 31 of each calendar year, unless an alternate schedule has been approved by the department. (B) If any community water system seeks to change its collection period for the next collection year, it shall submit an alternate fee-period schedule in writing to the department by January 1, identifying whether the fees will be collected monthly, quarterly, or annually. The system’s new schedule shall be effective upon the department’s approval. (4) Remitting Fees to the State. A community water system shall be responsible for remitting to the department the number of active connections and amount collected from its customers no later than sixty (60) days following the end of the annual fee period for systems on an annual collection schedule or within sixty (60) days following the end of each fee-period fiscal quarter if the system is on a monthly or quarterly collection schedule. Fee-period fiscal quarters end on November 30, February 28, May 31, and August 31. (5) Failure of the Public Water System to Collect or Remit the Fees to the State. (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. (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. (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. (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. (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. ** Amended: Filed July 10, 2020, effective Jan. 1, 2022. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 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.