Fees, amount--deposit of moneys, where, subaccount to bemaintained--civil action for failure to remit fees, effect uponpermit--agencies, determination of fees.
643.079. 1. Any air contaminant source required to obtain a permitissued under sections 643.010 to 643.190 shall pay annually beginning April1, 1993, a fee as provided herein. For the first year the fee shall betwenty-five dollars per ton of each regulated air contaminant emitted.Thereafter, the fee shall be set every three years by the commission byrule and shall be at least twenty-five dollars per ton of regulated aircontaminant emitted but not more than forty dollars per ton of regulatedair contaminant emitted in the previous calendar year. If necessary, thecommission may make annual adjustments to the fee by rule. The fee shallbe set at an amount consistent with the need to fund the reasonable cost ofadministering sections 643.010 to 643.190, taking into account other moneysreceived pursuant to sections 643.010 to 643.190. For the purpose ofdetermining the amount of air contaminant emissions on which the feesauthorized under this section are assessed, a facility shall be consideredone source under the definition of subsection 2 of section 643.078, exceptthat a facility with multiple operating permits shall pay the emission feesauthorized under this section separately for air contaminants emitted undereach individual permit.
2. A source which produces charcoal from wood shall pay an annualemission fee under this subsection in lieu of the fee established insubsection 1 of this section. The fee shall be based upon a maximum fee oftwenty-five dollars per ton and applied upon each ton of regulated aircontaminant emitted for the first four thousand tons of each contaminantemitted in the amount established by the commission pursuant to subsection1 of this section, reduced according to the following schedule:
(1) For fees payable under this subsection in the years 1993 and1994, the fee shall be reduced by one hundred percent;
(2) For fees payable under this subsection in the years 1995, 1996and 1997, the fee shall be reduced by eighty percent;
(3) For fees payable under this subsection in the years 1998, 1999and 2000, the fee shall be reduced by sixty percent.
3. The fees imposed in subsection 2 of this section shall not beimposed or collected after the year 2000 unless the general assemblyreimposes the fee.
4. Each air contaminant source with a permit issued under sections643.010 to 643.190 shall pay the fee for the first four thousand tons ofeach regulated air contaminant emitted each year but no air contaminantsource shall pay fees on total emissions of regulated air contaminants inexcess of twelve thousand tons in any calendar year. A permitted aircontaminant source which emitted less than one ton of all regulatedpollutants shall pay a fee equal to the amount per ton set by thecommission. An air contaminant source which pays emission fees to a holderof a certificate of authority issued pursuant to section 643.140 may deductsuch fees from any amount due under this section. The fees imposed in thissection shall not be applied to carbon oxide emissions. The fees imposedin subsection 1 and this subsection shall not be applied to sulfur dioxideemissions from any Phase I affected unit subject to the requirements ofTitle IV, Section 404, of the federal Clean Air Act, as amended, 42 U.S.C.7651, et seq., any sooner than January 1, 2000. The fees imposed onemissions from Phase I affected units shall be consistent with and shallnot exceed the provisions of the federal Clean Air Act, as amended, and theregulations promulgated thereunder. Any such fee on emissions from anyPhase I affected unit shall be reduced by the amount of the service feepaid by that Phase I affected unit pursuant to subsection 8 of this sectionin that year. Any fees that may be imposed on Phase I sources shall followthe procedures set forth in subsection 1 and this subsection and shall notbe applied retroactively.
5. Moneys collected under this section shall be transmitted to thedirector of revenue for deposit in appropriate subaccounts of the naturalresources protection fund created in section 640.220, RSMo. A subaccountshall be maintained for fees paid by air contaminant sources which arerequired to be permitted under Title V of the federal Clean Air Act, asamended, 42 U.S.C. Section 7661, et seq., and used, upon appropriation, tofund activities by the department to implement the operating permitsprogram authorized by Title V of the federal Clean Air Act, as amended.Another subaccount shall be maintained for fees paid by air contaminantsources which are not required to be permitted under Title V of the federalClean Air Act as amended, and used, upon appropriation, to fund other airpollution control program activities. Another subaccount shall bemaintained for service fees paid under subsection 8 of this section byPhase I affected units which are subject to the requirements of Title IV,Section 404, of the federal Clean Air Act Amendments of 1990, as amended,42 U.S.C. 7651, and used, upon appropriation, to fund air pollution controlprogram activities. The provisions of section 33.080, RSMo, to thecontrary notwithstanding, moneys in the fund shall not revert to generalrevenue at the end of each biennium. Interest earned by moneys in thesubaccounts shall be retained in the subaccounts. The per-ton feesestablished under subsection 1 of this section may be adjusted annually,consistent with the need to fund the reasonable costs of the program, butshall not be less than twenty-five dollars per ton of regulated aircontaminant nor more than forty dollars per ton of regulated aircontaminant. The first adjustment shall apply to moneys payable on April1, 1994, and shall be based upon the general price level for thetwelve-month period ending on August thirty-first of the previous calendaryear.
6. The department may initiate a civil action in circuit courtagainst any air contaminant source which has not remitted the appropriatefees within thirty days. In any judgment against the source, thedepartment shall be awarded interest at a rate determined pursuant tosection 408.030, RSMo, and reasonable attorney's fees. In any judgmentagainst the department, the source shall be awarded reasonable attorney'sfees.
7. The department shall not suspend or revoke a permit for an aircontaminant source solely because the source has not submitted the feespursuant to this section.
8. Any Phase I affected unit which is subject to the requirements ofTitle IV, Section 404, of the federal Clean Air Act, as amended, 42 U.S.C.7651, shall pay annually beginning April 1, 1993, and terminating December31, 1999, a service fee for the previous calendar year as provided herein.For the first year, the service fee shall be twenty-five thousand dollarsfor each Phase I affected generating unit to help fund the administrationof sections 643.010 to 643.190. Thereafter, the service fee shall beannually set by the commission by rule, following public hearing, based onan annual allocation prepared by the department showing the details of allcosts and expenses upon which such fees are based consistent with thedepartment's reasonable needs to administer and implement sections 643.010to 643.190 and to fulfill its responsibilities with respect to Phase Iaffected units, but such service fee shall not exceed twenty-five thousanddollars per generating unit. Any such Phase I affected unit which islocated on one or more contiguous tracts of land with any Phase IIgenerating unit that pays fees under subsection 1 or subsection 2 of thissection shall be exempt from paying service fees under this subsection. A"contiguous tract of land" shall be defined to mean adjacent land,excluding public roads, highways and railroads, which is under the controlof or owned by the permit holder and operated as a single enterprise.
9. The department of natural resources shall determine the fees duepursuant to this section by the state of Missouri and its departments,agencies and institutions, including two- and four-year institutions ofhigher education. The director of the department of natural resourcesshall forward the various totals due to the joint committee on capitalimprovements and the directors of the individual departments, agencies andinstitutions. The departments, as part of the budget process, shallannually request by specific line item appropriation funds to pay said feesand capital funding for projects determined to significantly improve airquality. If the general assembly fails to appropriate funds for emissionsfees as specifically requested, the departments, agencies and institutionsshall pay said fees from other sources of revenue or funds available. Thestate of Missouri and its departments, agencies and institutions mayreceive assistance from the small business technical assistance programestablished pursuant to section 643.173.
Fees, amount--deposit of moneys, where, subaccount to bemaintained--civil action for failure to remit fees, effect uponpermit--agencies, determination of fees.
643.079. 1. Any air contaminant source required to obtain a permitissued under sections 643.010 to 643.190 shall pay annually beginning April1, 1993, a fee as provided herein. For the first year the fee shall betwenty-five dollars per ton of each regulated air contaminant emitted.Thereafter, the fee shall be set every three years by the commission byrule and shall be at least twenty-five dollars per ton of regulated aircontaminant emitted but not more than forty dollars per ton of regulatedair contaminant emitted in the previous calendar year. If necessary, thecommission may make annual adjustments to the fee by rule. The fee shallbe set at an amount consistent with the need to fund the reasonable cost ofadministering sections 643.010 to 643.190, taking into account other moneysreceived pursuant to sections 643.010 to 643.190. For the purpose ofdetermining the amount of air contaminant emissions on which the feesauthorized under this section are assessed, a facility shall be consideredone source under the definition of subsection 2 of section 643.078, exceptthat a facility with multiple operating permits shall pay the emission feesauthorized under this section separately for air contaminants emitted undereach individual permit.
2. A source which produces charcoal from wood shall pay an annualemission fee under this subsection in lieu of the fee established insubsection 1 of this section. The fee shall be based upon a maximum fee oftwenty-five dollars per ton and applied upon each ton of regulated aircontaminant emitted for the first four thousand tons of each contaminantemitted in the amount established by the commission pursuant to subsection1 of this section, reduced according to the following schedule:
(1) For fees payable under this subsection in the years 1993 and1994, the fee shall be reduced by one hundred percent;
(2) For fees payable under this subsection in the years 1995, 1996and 1997, the fee shall be reduced by eighty percent;
(3) For fees payable under this subsection in the years 1998, 1999and 2000, the fee shall be reduced by sixty percent.
3. The fees imposed in subsection 2 of this section shall not beimposed or collected after the year 2000 unless the general assemblyreimposes the fee.
4. Each air contaminant source with a permit issued under sections643.010 to 643.190 shall pay the fee for the first four thousand tons ofeach regulated air contaminant emitted each year but no air contaminantsource shall pay fees on total emissions of regulated air contaminants inexcess of twelve thousand tons in any calendar year. A permitted aircontaminant source which emitted less than one ton of all regulatedpollutants shall pay a fee equal to the amount per ton set by thecommission. An air contaminant source which pays emission fees to a holderof a certificate of authority issued pursuant to section 643.140 may deductsuch fees from any amount due under this section. The fees imposed in thissection shall not be applied to carbon oxide emissions. The fees imposedin subsection 1 and this subsection shall not be applied to sulfur dioxideemissions from any Phase I affected unit subject to the requirements ofTitle IV, Section 404, of the federal Clean Air Act, as amended, 42 U.S.C.7651, et seq., any sooner than January 1, 2000. The fees imposed onemissions from Phase I affected units shall be consistent with and shallnot exceed the provisions of the federal Clean Air Act, as amended, and theregulations promulgated thereunder. Any such fee on emissions from anyPhase I affected unit shall be reduced by the amount of the service feepaid by that Phase I affected unit pursuant to subsection 8 of this sectionin that year. Any fees that may be imposed on Phase I sources shall followthe procedures set forth in subsection 1 and this subsection and shall notbe applied retroactively.
5. Moneys collected under this section shall be transmitted to thedirector of revenue for deposit in appropriate subaccounts of the naturalresources protection fund created in section 640.220, RSMo. A subaccountshall be maintained for fees paid by air contaminant sources which arerequired to be permitted under Title V of the federal Clean Air Act, asamended, 42 U.S.C. Section 7661, et seq., and used, upon appropriation, tofund activities by the department to implement the operating permitsprogram authorized by Title V of the federal Clean Air Act, as amended.Another subaccount shall be maintained for fees paid by air contaminantsources which are not required to be permitted under Title V of the federalClean Air Act as amended, and used, upon appropriation, to fund other airpollution control program activities. Another subaccount shall bemaintained for service fees paid under subsection 8 of this section byPhase I affected units which are subject to the requirements of Title IV,Section 404, of the federal Clean Air Act Amendments of 1990, as amended,42 U.S.C. 7651, and used, upon appropriation, to fund air pollution controlprogram activities. The provisions of section 33.080, RSMo, to thecontrary notwithstanding, moneys in the fund shall not revert to generalrevenue at the end of each biennium. Interest earned by moneys in thesubaccounts shall be retained in the subaccounts. The per-ton feesestablished under subsection 1 of this section may be adjusted annually,consistent with the need to fund the reasonable costs of the program, butshall not be less than twenty-five dollars per ton of regulated aircontaminant nor more than forty dollars per ton of regulated aircontaminant. The first adjustment shall apply to moneys payable on April1, 1994, and shall be based upon the general price level for thetwelve-month period ending on August thirty-first of the previous calendaryear.
6. The department may initiate a civil action in circuit courtagainst any air contaminant source which has not remitted the appropriatefees within thirty days. In any judgment against the source, thedepartment shall be awarded interest at a rate determined pursuant tosection 408.030, RSMo, and reasonable attorney's fees. In any judgmentagainst the department, the source shall be awarded reasonable attorney'sfees.
7. The department shall not suspend or revoke a permit for an aircontaminant source solely because the source has not submitted the feespursuant to this section.
8. Any Phase I affected unit which is subject to the requirements ofTitle IV, Section 404, of the federal Clean Air Act, as amended, 42 U.S.C.7651, shall pay annually beginning April 1, 1993, and terminating December31, 1999, a service fee for the previous calendar year as provided herein.For the first year, the service fee shall be twenty-five thousand dollarsfor each Phase I affected generating unit to help fund the administrationof sections 643.010 to 643.190. Thereafter, the service fee shall beannually set by the commission by rule, following public hearing, based onan annual allocation prepared by the department showing the details of allcosts and expenses upon which such fees are based consistent with thedepartment's reasonable needs to administer and implement sections 643.010to 643.190 and to fulfill its responsibilities with respect to Phase Iaffected units, but such service fee shall not exceed twenty-five thousanddollars per generating unit. Any such Phase I affected unit which islocated on one or more contiguous tracts of land with any Phase IIgenerating unit that pays fees under subsection 1 or subsection 2 of thissection shall be exempt from paying service fees under this subsection. A"contiguous tract of land" shall be defined to mean adjacent land,excluding public roads, highways and railroads, which is under the controlof or owned by the permit holder and operated as a single enterprise.
9. The department of natural resources shall determine the fees duepursuant to this section by the state of Missouri and its departments,agencies and institutions, including two- and four-year institutions ofhigher education. The director of the department of natural resourcesshall forward the various totals due to the joint committee on capitalimprovements and the directors of the individual departments, agencies andinstitutions. The departments, as part of the budget process, shallannually request by specific line item appropriation funds to pay said feesand capital funding for projects determined to significantly improve airquality. If the general assembly fails to appropriate funds for emissionsfees as specifically requested, the departments, agencies and institutionsshall pay said fees from other sources of revenue or funds available. Thestate of Missouri and its departments, agencies and institutions mayreceive assistance from the small business technical assistance programestablished pursuant to section 643.173.
Fees, amount--deposit of moneys, where, subaccount to bemaintained--civil action for failure to remit fees, effect uponpermit--agencies, determination of fees.
643.079. 1. Any air contaminant source required to obtain a permitissued under sections 643.010 to 643.190 shall pay annually beginning April1, 1993, a fee as provided herein. For the first year the fee shall betwenty-five dollars per ton of each regulated air contaminant emitted.Thereafter, the fee shall be set every three years by the commission byrule and shall be at least twenty-five dollars per ton of regulated aircontaminant emitted but not more than forty dollars per ton of regulatedair contaminant emitted in the previous calendar year. If necessary, thecommission may make annual adjustments to the fee by rule. The fee shallbe set at an amount consistent with the need to fund the reasonable cost ofadministering sections 643.010 to 643.190, taking into account other moneysreceived pursuant to sections 643.010 to 643.190. For the purpose ofdetermining the amount of air contaminant emissions on which the feesauthorized under this section are assessed, a facility shall be consideredone source under the definition of subsection 2 of section 643.078, exceptthat a facility with multiple operating permits shall pay the emission feesauthorized under this section separately for air contaminants emitted undereach individual permit.
2. A source which produces charcoal from wood shall pay an annualemission fee under this subsection in lieu of the fee established insubsection 1 of this section. The fee shall be based upon a maximum fee oftwenty-five dollars per ton and applied upon each ton of regulated aircontaminant emitted for the first four thousand tons of each contaminantemitted in the amount established by the commission pursuant to subsection1 of this section, reduced according to the following schedule:
(1) For fees payable under this subsection in the years 1993 and1994, the fee shall be reduced by one hundred percent;
(2) For fees payable under this subsection in the years 1995, 1996and 1997, the fee shall be reduced by eighty percent;
(3) For fees payable under this subsection in the years 1998, 1999and 2000, the fee shall be reduced by sixty percent.
3. The fees imposed in subsection 2 of this section shall not beimposed or collected after the year 2000 unless the general assemblyreimposes the fee.
4. Each air contaminant source with a permit issued under sections643.010 to 643.190 shall pay the fee for the first four thousand tons ofeach regulated air contaminant emitted each year but no air contaminantsource shall pay fees on total emissions of regulated air contaminants inexcess of twelve thousand tons in any calendar year. A permitted aircontaminant source which emitted less than one ton of all regulatedpollutants shall pay a fee equal to the amount per ton set by thecommission. An air contaminant source which pays emission fees to a holderof a certificate of authority issued pursuant to section 643.140 may deductsuch fees from any amount due under this section. The fees imposed in thissection shall not be applied to carbon oxide emissions. The fees imposedin subsection 1 and this subsection shall not be applied to sulfur dioxideemissions from any Phase I affected unit subject to the requirements ofTitle IV, Section 404, of the federal Clean Air Act, as amended, 42 U.S.C.7651, et seq., any sooner than January 1, 2000. The fees imposed onemissions from Phase I affected units shall be consistent with and shallnot exceed the provisions of the federal Clean Air Act, as amended, and theregulations promulgated thereunder. Any such fee on emissions from anyPhase I affected unit shall be reduced by the amount of the service feepaid by that Phase I affected unit pursuant to subsection 8 of this sectionin that year. Any fees that may be imposed on Phase I sources shall followthe procedures set forth in subsection 1 and this subsection and shall notbe applied retroactively.
5. Moneys collected under this section shall be transmitted to thedirector of revenue for deposit in appropriate subaccounts of the naturalresources protection fund created in section 640.220, RSMo. A subaccountshall be maintained for fees paid by air contaminant sources which arerequired to be permitted under Title V of the federal Clean Air Act, asamended, 42 U.S.C. Section 7661, et seq., and used, upon appropriation, tofund activities by the department to implement the operating permitsprogram authorized by Title V of the federal Clean Air Act, as amended.Another subaccount shall be maintained for fees paid by air contaminantsources which are not required to be permitted under Title V of the federalClean Air Act as amended, and used, upon appropriation, to fund other airpollution control program activities. Another subaccount shall bemaintained for service fees paid under subsection 8 of this section byPhase I affected units which are subject to the requirements of Title IV,Section 404, of the federal Clean Air Act Amendments of 1990, as amended,42 U.S.C. 7651, and used, upon appropriation, to fund air pollution controlprogram activities. The provisions of section 33.080, RSMo, to thecontrary notwithstanding, moneys in the fund shall not revert to generalrevenue at the end of each biennium. Interest earned by moneys in thesubaccounts shall be retained in the subaccounts. The per-ton feesestablished under subsection 1 of this section may be adjusted annually,consistent with the need to fund the reasonable costs of the program, butshall not be less than twenty-five dollars per ton of regulated aircontaminant nor more than forty dollars per ton of regulated aircontaminant. The first adjustment shall apply to moneys payable on April1, 1994, and shall be based upon the general price level for thetwelve-month period ending on August thirty-first of the previous calendaryear.
6. The department may initiate a civil action in circuit courtagainst any air contaminant source which has not remitted the appropriatefees within thirty days. In any judgment against the source, thedepartment shall be awarded interest at a rate determined pursuant tosection 408.030, RSMo, and reasonable attorney's fees. In any judgmentagainst the department, the source shall be awarded reasonable attorney'sfees.
7. The department shall not suspend or revoke a permit for an aircontaminant source solely because the source has not submitted the feespursuant to this section.
8. Any Phase I affected unit which is subject to the requirements ofTitle IV, Section 404, of the federal Clean Air Act, as amended, 42 U.S.C.7651, shall pay annually beginning April 1, 1993, and terminating December31, 1999, a service fee for the previous calendar year as provided herein.For the first year, the service fee shall be twenty-five thousand dollarsfor each Phase I affected generating unit to help fund the administrationof sections 643.010 to 643.190. Thereafter, the service fee shall beannually set by the commission by rule, following public hearing, based onan annual allocation prepared by the department showing the details of allcosts and expenses upon which such fees are based consistent with thedepartment's reasonable needs to administer and implement sections 643.010to 643.190 and to fulfill its responsibilities with respect to Phase Iaffected units, but such service fee shall not exceed twenty-five thousanddollars per generating unit. Any such Phase I affected unit which islocated on one or more contiguous tracts of land with any Phase IIgenerating unit that pays fees under subsection 1 or subsection 2 of thissection shall be exempt from paying service fees under this subsection. A"contiguous tract of land" shall be defined to mean adjacent land,excluding public roads, highways and railroads, which is under the controlof or owned by the permit holder and operated as a single enterprise.
9. The department of natural resources shall determine the fees duepursuant to this section by the state of Missouri and its departments,agencies and institutions, including two- and four-year institutions ofhigher education. The director of the department of natural resourcesshall forward the various totals due to the joint committee on capitalimprovements and the directors of the individual departments, agencies andinstitutions. The departments, as part of the budget process, shallannually request by specific line item appropriation funds to pay said feesand capital funding for projects determined to significantly improve airquality. If the general assembly fails to appropriate funds for emissionsfees as specifically requested, the departments, agencies and institutionsshall pay said fees from other sources of revenue or funds available. Thestate of Missouri and its departments, agencies and institutions mayreceive assistance from the small business technical assistance programestablished pursuant to section 643.173.
