260.935. Dry-cleaning facility registration surcharge--deposited in fund--penalties and interest for nonpayment.
Dry-cleaning facility registration surcharge--deposited infund--penalties and interest for nonpayment.
260.935. 1. Every active dry-cleaning facility shall pay, inaddition to any other environmental response surcharges, an annualdry-cleaning facility registration surcharge as follows:
(1) Five hundred dollars for facilities which use no more than onehundred forty gallons of chlorinated solvents;
(2) One thousand dollars for facilities which use more than onehundred forty gallons of chlorinated solvents and less than three hundredsixty gallons of chlorinated solvents per year; and
(3) Fifteen hundred dollars for facilities which use at least threehundred sixty gallons of chlorinated solvents per year.
2. The active dry-cleaning facility registration surcharge imposed bythis section shall be reported and paid to the department on an annualbasis. The commission shall prescribe by administrative rule the procedurefor the report and payment required by this section.
3. The department shall provide each person who pays a dry-cleaningfacility registration surcharge pursuant to this section with a receipt.The receipt or the copy of the receipt shall be produced for inspection atthe request of any authorized representative of the department.
4. All moneys collected or received by the department pursuant tothis section shall be transmitted to the department of revenue for depositin the state treasury to the credit of the dry-cleaning environmentalresponse trust fund created in section 260.920. Following each annualreporting date, the state treasurer shall certify the amount deposited inthe fund to the department.
5. If any person does not pay the active dry-cleaning facilityregistration surcharge or any portion of the active dry-cleaning facilityregistration surcharge imposed by this section by the date prescribed forsuch payment, the department shall impose and such person shall pay, inaddition to the active dry-cleaning facility registration surcharge owed bysuch person, a penalty of fifteen percent of the active dry-cleaningfacility registration surcharge. Such penalty shall be deposited in thedry-cleaning environmental response trust fund.
6. If any person does not pay the active dry-cleaning facilityregistration surcharge or any portion of the active dry-cleaning facilityregistration surcharge imposed by this section by the date prescribed forsuch payment, the department shall also impose interest upon the unpaidamount at the rate of ten percent per annum from the date prescribed forthe payment of such surcharge and penalties until payment is actually made.Such interest shall be deposited in the dry-cleaning environmental responsetrust fund.
(L. 2000 S.B. 577, A.L. 2005 S.B. 170 merged with S.B. 225)Effective 7-06-05 (S.B. 170) 8-28-05 (S.B. 225)
Expires 8-28-12