DRYCLEANING ENVIRONMENTAL RESPONSE TRUST (DERT) FUND - FREQUENTLY ASKED QUESTIONS ABOUT REGISTRATION

Hazardous Waste Program fact sheet
04/2014
Division of Environmental Quality Director: Leanne Tippett Mosby
PUB2137

When is the annual dry cleaning facility registration surcharge due?
The annual registration surcharge is due on April 1 of each calendar year. Failure to pay this fee within 30 days will result in a penalty of 15 percent of the facility registration surcharge and interest on the unpaid amount at the rate of ten percent per annum, in accordance with Section 260.935, Revised Statutes of Missouri (RSMo).

 How much is the annual facility registration surcharge?
The annual registration fee is based on the use of chlorinated solvents used to clean garments and is listed below.

Size of Dry Cleaner

# Gallons of Chlorinated solvents Used

Annual Registration Surcharge

Small

0 to 140

$500

Medium

141 to 360

$1,000

Large

> 360

$1,500

 I use “Green Earth” as a dry cleaning solvent. Is this a chlorinated solvent?
No, Chlorinated solvents have a chlorine component attached to them. Green Earth does not contain chlorine and is, therefore, a non-chlorinated dry cleaning solvent.

The following tables list some common chlorinated and non-chlorinated dry cleaning solvents:

Chlorinated

Non-chlorinated

 

Tetracholroethylene, Perchloroethylene

(PERC)

 

Stoddard Solvent

 

Trichloroeythylene (TCE)

Rynex

 

Trichloroethane (TCA)

Pure Dry

 

Freon 113

Green Earth

 

Valclene

DF2000

 

 

Other Petroleum Solvents

 

Who pays the solvent surcharge fee? How much is it? When is it due?
The solvent surcharge fee is paid by the solvent supplier. The surcharge is $8 per gallon for PCE, TCE and other chlorinated solvents. The solvent surcharge is reported and paid by solvent suppliers quarterly and is due on January 31, April 30, July 31 and October 31.

Why am I required to pay the dry cleaner registration surcharge?
The Missouri legislature worked with the dry cleaner’s trade organizations and the Missouri Department of Natural Resources to pass Senate Bill 577, authorized in Section 260.920, RSMo. The DERT fund was established to provide moneys for investigation, assessment and remediation of releases of solvents from dry cleaning facilities. The DERT Fund is a state fund and is administered by the Hazardous Waste Commission.

Operators of an active dry cleaning facility are required to register with the department, as outlined in Section 260.915, RSMo. Each active dry cleaning facility is required to pay an annual registration surcharge based upon the number of gallons of chlorinated solvents used during the calendar year, as outlined in Section 260.935, RSMo. Registration forms are available online from the department’s Web site at http://www.dnr.mo.gov/forms/index.htm or by contacting the Hazardous Waste Program at 573-526-8913.

Is there anything that dry cleaners can do in order to avoid paying the registration surcharge?
No. This surcharge is required under Section 260.935, RSMo. Dry cleaning facilities that use chlorinated solvents are required to complete the Dry Cleaner Registration form and register with the department and pay the surcharge. They may not have to register as a hazardous waste generator if they do not generate or accumulate enough hazardous waste to be regulated.

Are any dry cleaning facilities exempt from paying the annual dry cleaning registration surcharge?
Yes. Dry cleaning facilities at prisons, governmental entities, hotels, motels or industrial laundries are exempt from paying the dry cleaner surcharge. Dry cleaning facilities that use non-chlorinated solvents to clean garments are also exempt. Coin operated dry cleaning facilities are not exempt from paying the dry cleaner surcharge.

I am a dry cleaner and I signed a lease with my landlord that requires me to have insurance. Will I still need to pay the dry cleaner registration surcharge and register with the department?
Yes. All dry cleaners are required to register with the department and pay the registration surcharge if they use chlorinated solvents. There may be some other requirements that local governments or landlords impose on dry cleaners that the department has no involvement with.

I lease the building where my dry cleaner business is located. Who should I list as the property owner?
You should list the actual person or business that owns the property that the dry cleaner is located on/in. If the building is leased this would be the person that you lease the property from.

What classifies as solvent sent off-site unused?
Solvent in sludge and filters is not unused solvent. The unused solvent portion of the registration form should contain only the number of gallons of unopened original containers shipped to a different location. Solvent may be purchased by one facility and shipped to additional facilities as long as the original facility can provide receipts to show that the solvent surcharge was paid on the solvent that is shipped. This item is listed on the form so that the department does not charge additional solvent surcharges against solvent provided to additional stores owned by your company when the solvent surcharge has already been paid for that solvent.

Is there a penalty for purchasing dry cleaning solvents from a solvent supplier that does not pay the solvent surcharge fee?
Yes, If an operator of a dry cleaning facility purchases or obtains solvent from a seller/provider that does not pay the dry cleaning solvent surcharge, then the operator of the facility shall be required to pay the solvent surcharge, including a penalty of 15 percent and interest. Please make sure that your invoices and receipts from your solvent supplier list the DERT Fund solvent surcharge.

Can I deduct my local air emission fees from the amount of my dry cleaner registration fee?
No. Dry cleaner registration surcharges must be paid in full amounts based on the size of the dry cleaner. These may not be reduced by what you are paying for any other fees. Also, the dry cleaner registration fee must be paid with a separate check from any other emissions fees.

Where do I send the dry cleaner registration surcharge payment, who do I make the check payable to and what type of payments are accepted?
The payment should be made out and sent to:

Missouri Department of Natural Resources
Hazardous Waste Program, DERT Fund
P.O. Box 176
Jefferson City, MO 65102-0176

At this time, only checks and money orders can be accepted.

Section 260.935, RSMo states that the department will provide each person who pays a dry cleaning facility registration surcharge with a receipt. Why haven’t I received a receipt?
The DERT Fund issues receipts annually to dry cleaning facilities. If you have not received a receipt for your facility, please call the DERT Fund at 573-526-8913.

Related publications
The following publications are available on the Web at http://www.dnr.mo.gov/pubs/index.html
Drycleaning Environmental Response Trust (DERT) Fund Frequently Asked Questions (PUB2186)
Transactions of Properties with Active or Abandoned Dry Cleaning Facilities (PUB2134)
Drycleaning Environmental Response Trust (DERT) Fund Claim Kit (PUB2135)
Drycleaning Environmental Response Trust (DERT) Fund - Frequently Asked Questions about Remediation (PUB2136)
Drycleaning Environmental Response Trust (DERT) Fund - Frequently Asked Questions about Registration (PUB2137)

For more information call or write:

Missouri Department of Natural Resources
Hazardous Waste Program
Drycleaning Environmental Response Trust (DERT) Fund
P.O. Box 176
Jefferson City, MO 65012-0176
573-526-8913
573-526-4187 fax
www.dnr.mo.gov/env/hwp/dert/hwpvcp-dryclean.htm