Chapter 640 Department of Natural Resources

640.116 - Exemption from rules, system exclusively serving charitable or benevolent organization, when.

Steven Groce, Attorney Advertisement

1.Any water system that exclusively serves a charitable or benevolent organization, if the system does not regularly serve an average of one hundred persons or more at least sixty days out of the year and the system does not serve a school or day-care facility, shall be exempt from all rules relating to well construction except any rules established under sections 256.600 to 256.640 applying to multifamily wells, unless such wells or pump installations for such wells are determined to present a threat to groundwater or public health.

2.If the system incurs three or more total coliform maximum contaminant level violations in a twelve-month period or one acute maximum contaminant level violation, the system owner shall either provide an alternate source of water, eliminate the source of contamination, or provide treatment that reliably achieves at least ninety-nine and ninety-nine one-hundredths percent treatment of viruses.

3.Notwithstanding this or any other provision of law to the contrary, no facility otherwise described in subsection 1 of this section shall be required to replace, change, upgrade, or otherwise be compelled to alter an existing well constructed prior to August 28, 2011, unless such well is determined to present a threat to groundwater or public health or contains the contaminant levels referred to in subsection 2 of this section.

(L. 2011 H.B. 250 merged with S.B. 135)

640.412 - Inventory to be maintained on ground and surface water uses, quantity and users.

The department shall inventory:

(1)Existing surface water and groundwater uses;

(2)The quantity of surface water and groundwater available for uses in the future; and

(3)Water extraction and use patterns, including regulated and unregulated users.

(L. 1989 S.B. 112, et al. § 5)

640.016 - Permit restrictions by department of natural resources prohibited in absence of statutory authority — permit issuance procedures — denial of permit, basis to be detailed — approval of permit not to be altered for one year, when.

1.The department of natural resources shall not place in any permit any requirement, provision, stipulation, or any other restriction which is not prescribed or authorized by regulation or statute, unless the requirement, provision, stipulation, or other restriction is pursuant to the authority addressed in statute.

2.Prior to submitting a permit to public comment the department of natural resources shall deliver such permit to the permit applicant at the contact address on the permit application for final review.In the interest of expediting permit issuance, permit applicants may waive the opportunity to review draft permits prior to public notice.The permit applicant shall have ten days to review the permit for errors.Upon receipt of the applicant's review of the permit, the department of natural resources shall correct the permit where nonsubstantive drafting errors exist.The department of natural resources shall make such changes within ten days and submit the permit for public comment.If the permit applicant is not provided the opportunity to review permits prior to submission for public comment, the permit applicant shall have the authority to correct drafting errors in their permits after they are issued without paying any fee for such changes or modifications.

3.In any matter where a permit is denied by the department of natural resources pursuant to authorities granted in this chapter and chapters 260, 278, 319, 444, 643, and 644, the hazardous waste management commission in chapter 260, the state soil and water districts commission in chapter 278, the Missouri mining commission in chapter 444, the safe drinking water commission in this chapter, the air conservation commission in chapter 643, and the clean water commission in chapter 644, such denial shall clearly state the basis for such denial.

4.Once a permit or action has been approved by the department, the department shall not revoke or change, without written permission from the permittee, the decision for a period of one year or unless the department determines that immediate action is necessary to protect human health, public welfare, or the environment.

(L. 2004 H.B. 980 § 640.018, A.L. 2014 S.B. 642)

*640.715 - Notification by owners or operators, information required — department to issue permit, when.

1.Prior to filing an application to acquire an operating permit for a new or expanded facility from the department, the owner or operator of any class IA, class IB, or class IC concentrated animal feeding operation shall provide the following information to the department, to the county governing body and to all adjoining property owners of property located within one and one-half times the buffer distance as specified in subsection 2 of section 640.710 for the size of the proposed facility:

(1)The number of animals anticipated at such facility;

(2)The waste handling plan and general layout of the facility;

(3)The location and number of acres of such facility;

(4)Name, address, telephone number and registered agent for further information as it relates to subdivisions (1) to (3) of this subsection;

(5)Notice that the department will accept written comments from the public for a period of thirty days; and

(6)The address of the regional or state office of the department.

The department shall require proof of such notification upon accepting an application for an operating permit for a new or expanded facility.The department shall accept written comments from the public for thirty days after receipt of application for such permit.

2.The department shall not issue an operating permit to a facility described in subsection 1 of this section to engage in any activity regulated by the department unless the applicant is in compliance with sections 640.700 to 640.755.

3.The department shall issue an operating permit or respond with a letter of comment to the owner or operator of such facility within forty-five days of receiving a completed permit application and verification of compliance with subsection 1 of this section.

(L. 1996 H.B. 1207, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.747 - Closure, funds to be returned, when.

In the event the department determines that a class IA, class IB, class IC or class II concentrated animal feeding operation has been successfully closed by the owner or operator, all moneys paid by such operation into the concentrated animal feeding operation indemnity fund shall be returned to such operation.

(L. 1996 H.B. 1207)

Effective 6-25-96

640.153 - Home energy audits — definitions — certification process.

1.As used in this section, the following terms mean:

(1)"Applicant", an entity that applies to the department for certification as a qualified home energy auditor;

(2)"Department", the department of economic development;

(3)"Qualified home energy audit", a home energy audit conducted by an entity certified by the department as a qualified home energy auditor, the purpose of which is to provide energy efficiency recommendations that will reduce the energy use or the utility costs, or both, of a residential or commercial building;

(4)"Qualified home energy auditor", an applicant who has met the certification requirements established by the department and whose certification has been approved by the department.

2.The department shall develop criteria and requirements for certification of qualified home energy auditors.Any applicant shall provide the department with an application, documentation, or other information as the department may require.The department may establish periodic requirements for qualified home energy auditors to maintain certification.

3.The department shall provide successful applicants with written notice that the applicant meets the certification requirements.

(L. 2008 S.B. 1181, et al., A.L. 2018 S.B. 975 & 1024 Revision)

640.657 - Annual computation of actual energy cost savings.

Annually, at the conclusion of each state fiscal year, each borrower pursuant to the provisions of sections 640.651 to 640.686 shall compute the actual energy cost savings resulting from the implementation of the energy conservation project financed by the loan or financial assistance.Energy cost savings shall be calculated in the manner prescribed by the department.

(L. 1995 H.B. 414)

640.653 - Application and technical assistance report, content and form — loans, how granted — review and summary by agencies.

1.An application for loan funds or other financial assistance may be submitted to the department for the purpose of financing all or a portion of the costs incurred in implementing an energy conservation project.The application shall be accompanied by a technical assistance report.The application and the technical assistance report shall be in such form and contain such information, financial or otherwise, as prescribed by the department.This section shall not preclude any applicant or borrower from joining in a cooperative project with any other local government or with any state or federal agency or entity in an energy conservation project; provided that, all other requirements of sections 640.651 to 640.686 are met.

2.Eligible applications shall be assigned a payback score derived from the application review performed by the department.Applications shall be selected for loans and financial assistance beginning with the lowest payback score and continuing in ascending order to the highest payback score until all available program funds have been obligated within any given application cycle.The selection criteria may be applied per sector or entity to assure equity pursuant to section 640.674.In no case shall a loan or financial assistance be made to finance an energy project with a payback score of less than six months or more than ten years or eighty percent of the expected useful life of the energy conservation measures when the expected useful life exceeds ten years.Repayment periods are to be determined by the department.Applications may be approved for loans or financial assistance only in those instances where the applicant has furnished the department information satisfactory to assure that the project cost will be recovered through energy cost savings during the repayment period of the loan or financial assistance.In no case shall a loan or financial assistance be made to an applicant unless the approval of the governing board or body of the applicant to the loan agreement is obtained and a written certification of such approval is provided, where applicable.

3.The department shall approve or disapprove all applications for loans or financial assistance which are sent by certified or registered mail or hand delivered and received by the department's division of energy on, or prior to, the ninetieth day following the date of application cycle closing.Any applications which are not acted upon by the department by such date shall be deemed to be approved as submitted.

4.The department of elementary and secondary education shall be provided a summary of all proposed public elementary and secondary school projects for review within fifteen days from the application deadline.Once projects have been reviewed and selected for loans or financial assistance by the department, the department of elementary and secondary education shall have thirty days to certify that those projects selected for loans or financial assistance are consistent with related state programs for public education facilities.

5.The department of health and senior services shall be provided a summary of all proposed hospital projects for review within fifteen days from the application deadline.Once projects have been reviewed and selected for loans or financial assistance by the department of economic development, the department of health and senior services shall have thirty days to certify that those projects selected for loans or financial assistance are consistent with related health requirements for hospital facilities.

6.The coordinating board for higher education shall be provided a summary of all proposed public higher education facility projects for review within fifteen days from the application deadline.Once projects have been reviewed and selected for loans and financial assistance by the department, the coordinating board for higher education shall have thirty days to certify that those projects selected for loans or financial assistance are consistent with related state programs for education facilities.

(L. 1995 H.B. 414, A.L. 2002 S.B. 810, A.L. 2018 S.B. 975 & 1024 Revision)

640.157 - Energy center to serve as coordinator of energy sustainability activities, duties.

The division of energy of the department of economic development shall serve as a central point of coordination for activities relating to energy sustainability in the state.As such, the division of energy shall:

(1)Consult and cooperate with other state agencies to serve as a technical advisor on sustainability issues, including but not limited to renewable energy use and green building design and construction;

(2)Provide technical assistance to local governments, businesses, schools, and homeowners on sustainability issues, including but not limited to renewable energy use and green building design and construction; and

(3)Conduct outreach and education efforts, which may be in coordination with community action agencies, for the purpose of informing the general public about financial assistance opportunities for energy conservation, including but not limited to tax incentives.

(L. 2008 S.B. 1181, et al., A.L. 2018 S.B. 975 & 1024 Revision)

640.102 - Definitions.

When used in sections 640.100 to 640.140 and in rules promulgated under authority of sections 640.100 to 640.140, the following words and phrases shall have the meanings ascribed to them in this section:

(1)"Commission", the safe drinking water commission established in section 640.105;

(2)"Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator.The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department.During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

(3)"Customer", any person who receives water from a public water system, except those persons receiving water for resale;

(4)"Director", the director of the department of natural resources;

(5)"Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government or any other legal entity, which is recognized by law as the subject of rights and duties;

(6)"Public water system", a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days per calendar year.Such system includes any collection, treatment, storage or distribution facilities used in connection with such system.

(L. 1992 H.B. 1393, A.L. 1998 H.B. 1161)

Effective 6-09-98

*640.725 - Inspection of facility, when, records retention period — automatic shutoff system required.

1.The owner or operator of any flush system animal waste wet handling facility shall employ one or more persons who shall once per week visually inspect the gravity outfall lines, recycle pump stations, recycle force mains, and appurtenances for any release to any containment structure required by section 640.730.The owner or operator shall also visually inspect once per day any lagoon whose water level is less than twelve inches from the emergency spillway.The owner or operator of the facility shall keep records of each inspection.Such records shall be retained for three years.The department shall provide or approve a form provided by the owner or operator for each facility for such inspections.

2.All new construction permits for flush system animal waste wet handling facilities shall have an electronic or mechanical shutoff of the system in the event of pipe stoppage.As of July 1, 1997, all existing flush system animal waste wet handling facilities shall have, at a minimum, an electronic or mechanical shutoff of the system in the event of pipe stoppage or backflow.

(L. 1996 H.B. 1207, A.L. 2013 H.B. 28 merged with H.B. 542 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 8-28-13 (H.B. 542); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.426 - Report by department annually, content.

The department shall prepare and submit to the general assembly and the governor an annual report which details the progress it has made in meeting the objectives of sections 640.400 to 640.435 and which contains recommendations in furtherance of the purposes and provisions of sections 640.400 to 640.435.

(L. 1989 S.B. 112, et al. § 10)

640.680 - Administration of program moneys from sources other than appropriations.

All moneys from sources other than state appropriations which are specified to be used for purposes identified under the provisions of sections 640.651 to 640.686 shall be handled in the same manner as moneys received through state appropriations unless otherwise required in agreements or regulations with the sources from which such moneys are obtained.The department director shall certify that the use of all such moneys and any required agreements or regulations are consistent with the intent of sections 640.651 to 640.686 and all other state and federal laws governing such moneys, agreements and regulations.

(L. 1995 H.B. 414)

640.663 - Record-keeping requirements for borrowers.

1.A borrower under the provisions of sections 640.651 to 640.686 shall establish on its books an energy conservation loan account.Information sufficient to indicate the receipt and expenditure of all funds authorized and allowed under the terms of the loan or other financial assistance shall be entered in this account.All records relating to such account shall be retained by the borrower for a period of three years thereafter.

2.The borrower shall maintain all internal records directly related to the loan or financial assistance and the project in such a way as to provide for proper auditing of the project.

(L. 1995 H.B. 414)

640.137 - Source water of public water systems — duties of department — petition program authorized.

1.The department may, upon availability of appropriate funding, determine and specify the boundaries of the areas in the state from which one or more public water systems receive supplies of drinking water, using reasonably available hydrogeologic information and any other information the department deems appropriate.The department shall identify the origins of drinking water contaminants for which monitoring is required to determine the susceptibility of the public water system in the specified area to such contaminants.The department may use, to the extent appropriate, information from existing programs to meet the requirements of this section including, but not limited to, vulnerability assessments, sanitary surveys, monitoring, wellhead protection, or assessment of surface or groundwater sources under other federal or state laws or rules.The department shall make the results of the source water assessments available to the public.

2.The department may establish a source water protection petition program under which the owner or operator of a community water system or a political subdivision of the state may request the department's assistance in the development of a voluntary, incentive-based partnership among the persons likely to be affected by the recommendations of the partnership.

(L. 1998 H.B. 1161)

Effective 6-09-98

*640.065 - Revolving services fund created, use of moneys.

1.The "Department of Natural Resources Revolving Services Fund" is hereby created.All funds received by the department of natural resources from the delivery of services and the sale or resale of maps, plats, reports, studies, records, and other publications and documents, on paper or in electronic format, shall be credited to the fund.The director of the department shall administer the fund.The state treasurer is the custodian of the fund and may approve disbursements from the fund requested by the director of the department.When appropriated, moneys in the fund shall be used to purchase goods, equipment, hardware and software, maintenance and licenses, software and database development and maintenance, personal services, and other services that will ultimately be used to provide copies of information maintained or provided by the department, reprint maps, publications or other documents requested by governmental agencies or members of the general public; to publish the maps, publications, or other documents; to purchase maps, publications, or other documents for resale; and to pay shipping charges, laboratory services, core library fees, workshop fees, conference fees, and interdivisional cooperative agreements, but for no other purpose.

2.The department of natural resources may produce, reproduce, and sell maps, plats, reports, studies, and records and shall fix the charge therefor.All income received shall be promptly deposited in the state treasury to the credit of the department of natural resources revolving services fund.

3.An unencumbered balance not exceeding one million dollars in the department of natural resources revolving services fund at the end of the fiscal year is exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund.

4.The department of natural resources shall report all income to and expenditures from such fund on a quarterly basis to the house of representatives budget committee and the senate appropriations committee.

(L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.033 - Department may not adopt certain rules.

The department of natural resources or any division thereof shall not adopt any rules with regard to emissions of power plants fired by Missouri coal which are more stringent than any federal law or regulation.

(L. 1992 S.B. 544 § 2)

640.672 - Remittance for improper use of loan, procedure — failure to remit payment, collection, actions — audit of loan, when.

1.Loans and financial assistance made pursuant to sections 640.651 to 640.686 shall be used only for the purposes specified in an approved application or loan agreement.In the event the department determines that loan or financial assistance funds have been expended for purposes other than those specified in an approved application or loan agreement or any event of default of the loan agreement occurs without resolution, the department director shall take appropriate actions to obtain the return of the full amount of the loan and all moneys duly owed or other available remedies.

2.Upon failure of a borrower to remit repayment to the department within sixty days of the date a payment is due, the director may initiate collection or other appropriate action through the provisions outlined in subsections 4 and 5 of section 640.660 when applicable.

3.When the borrower is an entity not covered under the collection procedures established in section 640.660, the director, with the advice and consent of the attorney general, may initiate collection procedures or other appropriate action pursuant to applicable law.

4.The department may, at its discretion, audit the expenditure of any loan or financial assistance made pursuant to sections 640.651 to 640.686 or the computation of any payments made pursuant to section 640.660.

(L. 1995 H.B. 414)

640.676 - Public and private partnership agreements.

1.The department director may secure other forms of financial assistance permissible by law and establish public and private partnerships with, but not limited to, financial institutions, performance contracting vendors, energy utilities and other energy providers, when such other financial assistance serves to further the implementation of energy conservation projects.

2.The director is authorized to negotiate agreements for the department to act in an administrative or monitoring capacity for an energy conservation project funded in part or in full by another source.The department may establish reasonable fees such as, but not limited to, application and processing fees to cover the costs of such administrative or monitoring role.

(L. 1995 H.B. 414)

640.423 - Designation as protection area removed, when.

The department shall determine when the level of a contaminant or contaminants in a special water quality protection area does not exceed, and are not likely to exceed, the water quality standards established pursuant to sections 640.400 to 640.435 and this chapter and chapter 644.Upon such determination, the designation of an area as a special water quality protection area pursuant to section 192.300, sections 640.100, 640.120, and 640.400 to 640.435 shall be removed.

(L. 1989 S.B. 112, et al. § 9)

*640.075 - Brochures on Thomas Hart Benton murals and capitol art work, publication.

The department of natural resources is authorized to gather data, photographs and such other materials as may be necessary and to prepare, edit and publish from time to time, as deemed necessary, copies of a brochure on the Thomas Hart Benton murals in the house lounge and on other major works of art of the Missouri state capitol.The brochure shall be sold at a price to be set by the department of natural resources.The proceeds from the sale of the brochure shall be deposited in the state treasury to the credit of the natural resources revolving services fund created in section 640.065.

(L. 1967 p. 366 § 1, A.L. 1986 H.B. 1467, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.099 - Nonseverability of act.

Notwithstanding the provisions of section 1.140 to the contrary, the provisions of sections 37.070, 67.4500, 67.4505, 67.4510, 67.4515, 67.4520, 192.105*, 247.060, 253.090, 442.014, 444.771, 444.773, 621.250, 640.018, 640.128, 640.850*, 643.020, 643.040, 643.050, 643.060, 643.079, 643.080, 643.130, 643.191, 643.225, 643.232, 643.237, 643.240, 643.242, 643.245, 643.250, 644.036, 644.051, 644.054, 644.071, 644.145, 701.033, 701.058*, and this section shall be nonseverable, and if any provision is for any reason held to be invalid, such decision shall invalidate all of the remaining provisions of sections 37.070, 67.4500, 67.4505, 67.4510, 67.4515, 67.4520, 192.105*, 247.060, 253.090, 442.014, 444.771, 444.773, 621.250, 640.018, 640.128, 640.850*, 643.020, 643.040, 643.050, 643.060, 643.079, 643.080, 643.130, 643.191, 643.225, 643.232, 643.237, 643.240, 643.242, 643.245, 643.250, 644.036, 644.051, 644.054, 644.071, 644.145, 701.033, 701.058*, and this section.

(L. 2011 H.B. 89 § 1)

Effective 7-11-11

*Sections 192.105, 640.850, and 701.058 were repealed by H.B. 1298 Revision, 2014.

640.703 - Definitions.

For the purposes of sections 640.700 to 640.755, the following terms mean:

(1)"Animal units", shall be defined by rules of the department in effect as of January 30, 1996;

(2)"Animal waste wet handling facility", includes all gravity outfall lines, recycle pump stations, recycle force mains and appurtenances;

(3)"Class IA", any concentrated animal feeding operation with a capacity of seven thousand animal units or more;

(4)"Class IB", any concentrated animal feeding operation with a capacity between three thousand animal units and six thousand nine hundred and ninety-nine animal units inclusive;

(5)"Class IC", any concentrated animal feeding operation with a capacity between one thousand animal units and two thousand nine hundred and ninety-nine animal units inclusive;

(6)"Class II", any concentrated animal feeding operation with a capacity of at least three hundred animal units, but less than one thousand animal units;

(7)"Department", the department of natural resources;

(8)"Facility", any class IA concentrated animal feeding operation which uses a flush system;

(9)"Flush system", a system of moving or removing manure utilizing liquid as the primary agent as opposed to a primarily mechanical or automatic device;

(10)"Sensitive areas", areas in the watershed located within five miles upstream of any stream or river drinking water intake structure, other than those intake structures on the Missouri and Mississippi rivers.

(L. 1996 H.B. 1207)

Effective 6-25-96

640.107 - Drinking water revolving fund — loans and grants — funds for training and technical assistance.

1.There is hereby established, as a subfund of the water and wastewater fund established in section 644.122, the "Drinking Water Revolving Fund", which shall be maintained and accounted for separately, and which shall consist of moneys from all lawful public and private sources including legislative appropriations, federal capitalization grants, interest on investments and principal and interest payments with respect to loans made from the drinking water revolving fund.Money in the drinking water revolving fund may be used only for purposes as are authorized in the federal Safe Drinking Water Act, as amended, and the American Recovery and Reinvestment Act of 2009 as enacted by the 111th United States Congress.

2.The commission shall, consistent with the requirements of the federal Safe Drinking Water Act and the American Recovery and Reinvestment Act of 2009 for the drinking water revolving fund to become eligible for capitalization grants from the United States Environmental Protection Agency, establish criteria and procedures for the selection of projects and the making of loans or the grant of loan subsidies for disadvantaged communities.

3.After providing for review and public comment, and in accordance with the requirements for such plans set forth in the federal Safe Drinking Water Act, the commission shall annually prepare an intended use plan for the funds available in the drinking water revolving fund.

4.Consistent with the requirements of the federal Safe Drinking Water Act, and only to the extent funds are available to be obligated for eligible projects of public water systems, in developing its annual intended use plan, the commission shall make available no less than thirty-five percent, but may make available greater than thirty-five percent, of the moneys credited to the drinking water revolving fund solely for project loans and loan subsidies for projects of systems serving fewer than ten thousand people in accordance with the following:

Systems Serving:Percentage:
0 - 3,300 people20%
3,301 - 9,999 people15%

provided that, in any fiscal year, loan subsidies may not exceed the maximum percentage as specified in the federal Safe Drinking Water Act.In any fiscal year in which there are insufficient applicants and projects in the population categories listed in this subsection to allocate the percentages of funds specified pursuant to this subsection, any balance of funds otherwise reserved for systems serving fewer than ten thousand people shall be available for obligation to eligible projects from any eligible applicant.Such uncommitted balances shall be redistributed in accordance with the intended use plan.

5.The department shall make available two percent of the moneys from the federal capitalization grants received pursuant to this section for training and technical assistance to public water systems serving fewer than ten thousand people.Training and technical assistance provided pursuant to this subsection shall be consistent with rules of the commission.

6.The state may provide assistance, as funds are available, pursuant to this chapter to any eligible public water system pursuant to the federal Safe Drinking Water Act, as amended, to assist in the construction of public drinking water facilities as authorized by the commission.Further, the state may provide additional assistance or subsidies to any eligible entity as described in this subsection in the form of principal forgiveness, negative interest loans, grants, or any combination thereof, to the extent allowed by the federal Safe Drinking Water Act or American Recovery and Reinvestment Act of 2009, as enacted by the 111th United States Congress, and within the process provided by the Missouri Constitution and revised statutes of the state of Missouri.

(L. 1998 H.B. 1161, A.L. 2009 H.B. 661, A.L. 2009 H.B. 661)

Effective 7-07-09

640.403 - Definitions.

As used in sections 640.400 to 640.435, the following terms mean:

(1)"Aquifer", a consolidated or unconsolidated subsurface water-bearing geologic formation, group of formations, or part of a formation, or other geologic deposits, capable of yielding a usable or potentially usable amount of water;

(2)"Contaminant", any physical, chemical, biological or radiological substance in water, including but not limited to, those substances for which maximum contaminant levels are established by the department pursuant to sections 640.400 to 640.435, this chapter and chapter 644;

(3)"Department", the department of natural resources;

(4)"Groundwater", water occurring beneath the surface of the ground, including underground watercourses, artesian basins, underground reservoirs and lakes, aquifers, other bodies of water located below the surface of the ground, and water in the saturated zone;

(5)"Maximum contaminant level", the maximum permissible level established pursuant to this chapter of a contaminant in any water delivered to any user of a public water system;

(6)"Special water quality protection area", a geographic area meeting specified criteria established after public hearing by the department;

(7)"Surface water", water in lakes and wetlands, and water in rivers, streams and their tributaries in which water flows for substantial periods of the year;

(8)"Watershed", the area that drains into a river, stream or its tributaries;

(9)"Water resources", water in rivers, streams and their tributaries and water present in aquifers.

(L. 1989 S.B. 112, et al. § 2)

640.013 - Appeals from certain environmental decisions to be heard by administrative hearing commission.

The administrative hearing commission shall have the authority to hear certain environmental appeals in accordance with section 621.250.

(L. 2005 H.B. 824, A.L. 2008 H.B. 1469)

*640.010 - Department created — director, appointment, powers, duties — transfer of certain agencies.

1.There is hereby created a department of natural resources in charge of a director appointed by the governor, by and with the advice and consent of the senate.The director shall administer the programs assigned to the department relating to environmental control and the conservation and management of natural resources.The director shall coordinate and supervise all staff and other personnel assigned to the department.He shall faithfully cause to be executed all policies established by the boards and commissions assigned to the department, be subject to their decisions as to all substantive and procedural rules and his or her decisions shall be subject to appeal as provided by law.The director shall recommend policies to the various boards and commissions assigned to the department to achieve effective and coordinated environmental control and natural resource conservation policies.

2.The director shall appoint directors of staff to service each of the policy making boards or commissions assigned to the department.Each director of staff shall be qualified by education, training and experience in the technical matters of the board to which he is assigned and his or her appointment shall be approved by the board to which he is assigned and he shall be removed or reassigned on their request in writing to the director of the department.All other employees of the department and of each board and commission assigned to the department shall be appointed by the director of the department in accord with chapter 36, and shall be assigned and may be reassigned as required by the director of the department in such a manner as to provide optimum service, efficiency and economy.

3.The air conservation commission, chapter 203 and others, the clean water commission, chapter 204 and others, are transferred by type II transfer to the department of natural resources.The governor shall appoint the members of these bodies in accord with the laws establishing them, with the advice and consent of the senate.The bodies hereby transferred shall retain all rulemaking and hearing powers allotted by law, as well as those of any bodies transferred to their jurisdiction.All the powers, duties and functions of the state environmental improvement authority, chapter 260 and others, are transferred by type III transfer to the air conservation commission.All the powers, duties and functions of the water resources board, chapter 256 and others, are transferred by type I transfer to the clean water commission and the board is abolished.No member of the clean water commission shall receive or shall have received, during the previous two years from the date of his or her appointment, a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under the jurisdiction of the clean water commission.The state park board, chapter 253, is transferred to the department of natural resources by type I transfer.

4.All the powers, duties and functions of the state soil and water districts commission, chapter 278 and others, are transferred by a type II transfer to the department.

5.All the powers, duties and functions of the state geologist, chapter 256 and others, are transferred by type I transfer to the department of natural resources.All the powers, duties and functions of the state oil and gas council, chapter 259 and others, are transferred to the department of natural resources by type II transfer.The director of the department shall appoint a state geologist who shall have the duties to supervise and coordinate the work formerly done by the departments or authorities abolished by this subsection, and shall provide staff services for the state oil and gas council.

6.All the powers, duties and functions of the land reclamation commission, chapter 444 and others, are transferred to the department of natural resources by type II transfer.All necessary personnel required by the commission shall be selected, employed and discharged by the commission.The director of the department shall not have the authority to abolish positions.

7.The functions performed by the division of health in relation to the maintenance of a safe quality of water dispensed to the public, sections 640.100 to 640.115, and others, and for licensing and regulating solid waste management systems and plans are transferred by type I transfer to the department of natural resources.

(L. 1973 1st Ex. Sess. S.B. 1 § 10, A.L. 1995 S.B. 65, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.605 - Purpose of grants.

The grants may be made to districts or communities to assist in financing, including engineering and legal service costs, specific projects for construction, original or enlargement of supply, source water protection treatment, purification, storage and distribution facilities for water systems and collection, treatment, forced mains, lift stations and disposal facilities for sewage systems, or any other item necessary for the physical operation of the water or sewage systems where grant funds are necessary to reduce the project cost per user to a reasonable level.The grants may be made to supplement funds from loan proceeds or other private or public sources when such grants are not available through any other state or federal agency.

(L. 1989 S.B. 444, A.L. 1999 S.B. 160 & 82)

640.405 - Interstate use of water, negotiation of interstate compacts, duties of department — general assembly and other agencies to be consulted.

The department shall represent and protect the interests of the state of Missouri in all matters pertaining to interstate use of water, including the negotiation of interstate compacts and agreements, subject to the approval of the general assembly.Any department of state government affected by any compact or agreement shall be consulted prior to any final agreement.

(L. 1989 S.B. 112, et al. § 3)

640.758 - Does not apply to livestock markets.

The provisions of this act* shall not be construed to apply to any livestock market.

(L. 1996 H.B. 1207 § 2)

Effective 6-25-96

*"This act" (H.B. 1207, 1996) contained numerous sections.Consult Disposition of Sections table for a definitive listing.

CROSS REFERENCE:

Farming corporations or cooperatives not to receive economic assistance, exceptions, 350.040

640.105 - Commission established, members appointed — organization — reimbursement for expenses.

1.The "Safe Drinking Water Commission" is hereby established within the department of natural resources and shall be composed of nine persons.All members of the commission shall be representative of the general interest of the public or of public water systems.Nine members shall be appointed by the governor with the advice and consent of the senate.Four members shall be associated with the operation of public water systems, one of which shall be associated with a water system serving a population of seventy-five or less, one of which shall be associated with a water system serving a population greater than seventy-five but not more than two thousand five hundred, one of which shall be associated with a water system serving a population greater than two thousand five hundred and less than one hundred thousand, and one of which shall be associated with a water system serving a population of more than one hundred thousand; and five members shall represent the water consuming public.All members shall have demonstrated an interest and knowledge about water quality, and, to the greatest extent possible, the various associations representing water suppliers of the size classes referred to in this section shall be represented on the commission.All members shall be qualified by interest, education, training or experience to provide, assess and evaluate scientific and technical information concerning drinking water, financial requirements and the effects of the promulgation of standards, rules and regulations.

2.At the first meeting of the commission, and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman.The commission shall hold at least four regular meetings each year and such additional regular meetings as the chairman deems desirable.Special meetings may be called by the chairman or by the director of the department of natural resources.Five members shall constitute a quorum.The members' terms shall be four years and until their successors are selected and qualified, except that of the original members appointed, four members shall serve a term of two years and five members shall serve a term of four years.Thereafter, all members appointed shall serve a term of four years.There is no limitation on the number of terms a member may serve.If a vacancy occurs, the governor, with the advice and consent of the senate, may appoint a member for the remaining portion of the unexpired term created by the vacancy.

3.The members of the commission shall be reimbursed for travel and other actual and necessary expenses incurred in the performance of their duties.

(L. 1978 S.B. 509 § 192.185, A.L. 1992 H.B. 1393)

640.409 - Surface and ground water monitoring program, duties of department, purpose.

The department shall establish, develop and maintain an ongoing statewide surface and groundwater monitoring program, the purposes of which are:

(1)Determination of ambient surface and groundwater quality for use as background or baseline water quality data;

(2)Detection of trends in the character and concentration of contaminants in surface and groundwater resources; and

(3)Identification of areas highly vulnerable to contamination.

(L. 1989 S.B. 112, et al. § 4)

640.750 - Department to inspect, when.

The department shall conduct at least one on-site inspection of each facility quarterly.

(L. 1996 H.B. 1207)

Effective 6-25-96

640.140 - Department may cooperate with others — may receive aid, conduct training and research — may financially assist in construction of water systems.

The department of natural resources may enter into agreements, contracts, or cooperative arrangements under appropriate terms and conditions with other state agencies, federal agencies, interstate agencies, political subdivisions, educational institutions, local health departments, or other organizations or individuals for the purpose of administering the state drinking water supply program.The department of natural resources may solicit and receive grants of money or other aid from federal and other public or private agencies or individuals for the administration of section 192.320 and sections 640.100 to 640.140 or a portion thereof, to conduct research and training activities or cause them to be conducted, to financially assist in the construction of water works systems or portions thereof or for other program purposes.

(L. 1978 S.B. 509 § 192.215)

640.040 - Cleanup of controlled substance laboratories — rules — fund.

1.The department of natural resources may provide the resources and personnel to assist in the cleanup and disposal of the hazardous substances including, but not limited to chemicals intended for use in or resulting from the manufacture or production of controlled substances.

2.The department of natural resources may recover the costs of such cleanup and disposal from the parties responsible for the manufacture or production of controlled substances.

3.The department of natural resources may adopt such rules as are necessary for the implementation and operation of this section.

4.No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.

5.There is hereby created in the state treasury the "Controlled Substances Cleanup Fund", which shall contain any funds designated for controlled substances cleanup, including, but not limited to, funds derived from private gifts and grants as well as federal and state grants, payments and appropriations.The provisions of section 33.080 to the contrary notwithstanding, moneys in the fund shall not lapse.Interest received on such deposits shall be credited to the controlled substances cleanup fund.

(L. 1998 H.B. 1147, et al. § 8)

*640.012 - Burden of proof in contested cases heard by administrative hearing commission, exceptions.

In all contested case administrative appeals heard by the administrative hearing commission pursuant to section 621.250, the burden of proof shall be upon the department of natural resources to demonstrate the lawfulness of the finding, order, decision or assessment being appealed, except that in matters involving the denial of a permit, license or registration, the burden of proof shall be on the applicant for such permit, license or registration.

(L. 2002 S.B. 984 & 985 § 640.825, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.740 - Fund created — how money to be expended — abandoned property defined — transfer of fund to general revenue, prohibited.

There is hereby established in the state treasury the "Concentrated Animal Feeding Operation Indemnity Fund", to be known as the "fund" for the purposes of sections 640.740 to 640.747.All fees or other moneys payable pursuant to the provisions of section 640.745 or other moneys received including gifts, grants, appropriations, and bequests from federal, private or other sources made for the purpose of the provisions of this act* shall be payable to and collected by the director of the department of natural resources and deposited in this fund.The money in this fund, upon appropriation, shall be expended to close class IA, class IB, class IC and class II concentrated animal feeding operations as defined in the department's rules, that have been placed in the control of the government due to bankruptcy or failure to pay property taxes, or if the class IA, class IB, class IC or class II concentrated animal feeding operation is abandoned property."Abandoned property", for the purposes of this section, means real property previously used for, or which has the potential to be used for, agricultural purposes which has been placed in the control of the state, a county, or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default or settlement, including conveyance by deed in lieu of foreclosure, and has been vacant for a period of not less than three years.Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the Constitution and laws of this state.All income from such investments shall be deposited in the fund.Any unexpended balance in the fund at the end of any appropriation period shall not be transferred to the general revenue fund and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue funds of the state by the state treasurer.

(L. 1996 H.B. 1207)

Effective 6-25-96

*"This act" (H.B. 1207, 1996) contained numerous sections.Consult Disposition of Sections table for a definitive listing.

640.615 - Applicant to obtain primary source to finance project and then apply for grant — rules governing grants, authority of department.

1.The applicant must first apply with the agency or other financial source which is to furnish the primary financial assistance, and after the amount of that assistance has been determined, an application for a grant hereunder may be made to and processed by the department of natural resources.The department of natural resources shall make the necessary rules and regulations for the consideration and processing of all grant requests, which shall generally conform to those used by federal grant and loan agencies, which rules shall be filed in the office of the secretary of state.The rules shall contain, but shall not be limited to, the following criteria:

(1)Preliminary engineer cost study;

(2)Bonded indebtedness of the district or community;

(3)The financial condition of the district or community;

(4)The cost per connection;

(5)The economic level in the district or community;

(6)The ratio of contracted users to potential users, which shall not be less than seventy-five percent;

(7)The number of acres being protected for any source water protection project.

2.No grant shall be finally approved until the applicant furnishes evidence of a commitment from the primary financial source.

(L. 1989 S.B. 444, A.L. 1999 S.B. 160 & 82)

640.648 - Right to private water systems and ground source systems retained, exceptions — right to rainwater protection systems retained.

1.Notwithstanding any law to the contrary, all Missouri landowners retain the right to have, use, and own private water systems and ground source systems, including systems for potable water, anytime and anywhere including land within city limits, unless prohibited by city ordinance, on their own property so long as all applicable rules and regulations established by the Missouri department of natural resources are satisfied.All Missouri landowners who choose to use their own private water system shall not be forced to purchase water from any other water source system servicing their community.

2.Notwithstanding any law to the contrary, all Missouri landowners retain the right to have, use, and own systems for rainwater collection anytime and anywhere on their own property, including land within city limits.

(L. 2001 H.B. 501 § 4 merged with S.B. 462 § 1, A.L. 2018 S.B. 782)

640.415 - State water resource plan to be established for use of surface and ground water — annual report, contents — powers of department.

1.The department shall develop, maintain and periodically update a state water plan for a long-range, comprehensive statewide program for the use of surface water and groundwater resources of the state, including existing and future need for drinking water supplies, agriculture, industry, recreation, environmental protection and related needs.This plan shall be known as the "State Water Resources Plan".The department shall collect data, make surveys, investigations and recommendations concerning the water resources of the state as related to its social, economic and environmental needs.

2.The department shall establish procedures to ensure public participation in the development and revision of the state water plan.

3.The department shall submit a report to the general assembly at least one year prior to the submission of the state water resources plan.The report shall specify the major components of the plan, and may recommend any statutory revision which may be necessary to implement the requirements of this section.The plan shall be submitted to the general assembly for approval or disapproval by concurrent resolution.

4.The department may:

(1)Require such reports from groundwater and surface water users and other state agencies as may be necessary; and

(2)Conduct investigations and cooperate or contract with agencies of the United States, agencies or political subdivisions of this state, public or private corporations, associations or individuals on any matter relevant to the administration of section 192.300, sections 640.100, 640.120, and 640.400 to 640.435.

(L. 1989 S.B. 112, et al. § 6)

640.015 - Environmental conditions or standards, rules to cite specific law or authority relied upon — regulatory impact report required, contents, procedure, not required when — section not applicable, when.

1.All provisions of the law to the contrary notwithstanding, all rules that prescribe environmental conditions or standards promulgated by the department of natural resources, a board or a commission, pursuant to authorities granted in this chapter and chapters 260, 278, 319, 444, 643, and 644, the hazardous waste management commission in chapter 260, the state soil and water districts commission in chapter 278, the Missouri mining commission in chapter 444, the safe drinking water commission in this chapter, the air conservation commission in chapter 643, and the clean water commission in chapter 644 shall cite the specific section of law or legal authority.The rule shall also be based on the regulatory impact report provided in this section.

2.The regulatory impact report required by this section shall include:

(1)A report on the peer-reviewed scientific data used to commence the rulemaking process;

(2)A description of persons who will most likely be affected by the proposed rule, including persons that will bear the costs of the proposed rule and persons that will benefit from the proposed rule;

(3)A description of the environmental and economic costs and benefits of the proposed rule;

(4)The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenue;

(5)A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction, which includes both economic and environmental costs and benefits;

(6)A determination of whether there are less costly or less intrusive methods for achieving the proposed rule;

(7)A description of any alternative method for achieving the purpose of the proposed rule that were seriously considered by the department and the reasons why they were rejected in favor of the proposed rule;

(8)An analysis of both short-term and long-term consequences of the proposed rule;

(9)An explanation of the risks to human health, public welfare, or the environment addressed by the proposed rule;

(10)The identification of the sources of scientific information used in evaluating the risk and a summary of such information;

(11)A description and impact statement of any uncertainties and assumptions made in conducting the analysis on the resulting risk estimate;

(12)A description of any significant countervailing risks that may be caused by the proposed rule; and

(13)The identification of at least one, if any, alternative regulatory approaches that will produce comparable human health, public welfare, or environmental outcomes.

3.The department, board, or commission shall develop the regulatory impact report required by this section using peer-reviewed and published data or when the peer-reviewed data is not reasonably available, a written explanation shall be filed at the time of the rule promulgation notice explaining why the peer-reviewed data was not available to support the regulation.If the peer-reviewed data is not available, the department must provide all scientific references and the types, amount, and sources of scientific information that was used to develop the rule at the time of the rule promulgation notice.

4.The department, board, or commission shall publish in at least one newspaper of general circulation, qualified pursuant to chapter 493, with an average circulation of twenty thousand or more and on the department, board, or commission website a notice of availability of any regulatory impact report conducted pursuant to this section and shall make such assessments and analyses available to the public by posting them on the department, board, or commission website.The department, board, or commission shall allow at least sixty days for the public to submit comments and shall post all comments and respond to all significant comments prior to promulgating the rule.

5.The department, board, or commission shall file a copy of the regulatory impact report with the joint committee on administrative rules concurrently with the filing of the proposed rule pursuant to section 536.024.

6.If the department, board, or commission fails to conduct the regulatory impact report as required for each proposed rule pursuant to this section, such rule shall be void unless the written explanation delineating why the peer-reviewed data was not available has been filed at the time of the rule promulgation notice.

7.Any other provision of this section to the contrary notwithstanding, the department, board, or commission referenced in subsection 1 of this section may adopt a rule without conducting a regulatory impact report if the director of the department determines that immediate action is necessary to protect human health, public welfare, or the environment; provided, however, in doing so, the department, board, or commission shall be required to provide written justification as to why it deviated from conducting a regulatory impact report and shall complete the regulatory impact report within one hundred eighty days of the adoption of the rule.

8.The provisions of this section shall not apply if the department adopts environmental protection agency rules and rules from other applicable federal agencies without variance.

(L. 2004 H.B. 980, A.L. 2014 S.B. 642)

640.115 - Information to be furnished — approval of supplies — system changes to conform to rules — permit applications — appeals.

1.Every municipal corporation, private corporation, company, partnership, federal establishment, state establishment or individual supplying or authorized to supply drinking water to the public within the state shall file with the department of natural resources a certified copy of the plans and surveys of the waterworks with a description of the methods of purification, treatment technology and source from which the supply of water is derived, and no source of supply shall be used without a written permit of approval issued to the continuing operating authority by the department of natural resources, or water dispensed to the public without first obtaining such written permit of approval.Prior to a change of permittee, the current permittee shall notify the department of the proposed change and the department shall perform a permit review.

2.Construction, extension or alteration of a public water system shall be in accordance with the rules and regulations of the safe drinking water commission.

3.Permit applicants shall show, as part of their application, that a permanent organization exists which will serve as the continuing operating authority for the management, operation, replacement, maintenance and modernization of the facility.Such continuing operating authority for all community water systems and nontransient, noncommunity water systems commencing operation after October 1, 1999, shall be required to have and maintain the managerial, technical and financial capacity, as determined by the department, to comply with sections 640.100 to 640.140.

4.Any community water system or nontransient, noncommunity water system against which an administrative order has been issued for significant noncompliance with the federal Safe Drinking Water Act, as amended, sections 640.100 to 640.140 or any rule or regulation promulgated thereunder shall be required to show that a permanent organization exists that serves as the continuing operating authority for the facility and that such continuing operating authority has the managerial, technical and financial capacity to comply with sections 640.100 to 640.140 and regulations promulgated thereunder.If the water system cannot show to the department's satisfaction that such continuing operating authority exists, or if the water system is not making substantial progress toward compliance, the water system's permit may be revoked.The continuing operating authority may appeal such decision to the administrative hearing commission as provided by sections 621.250 and 640.013.

5.Whenever a permit is issued, denied, suspended, or revoked by the department, any aggrieved person, by petition filed with the administrative hearing commission within thirty days of the decision, may appeal such decision as provided by sections 621.250 and 640.013.Once the administrative hearing commission has reviewed the appeal, the administrative hearing commission shall issue a recommended decision to the commission on permit issuance, denial, suspension, or revocation.The commission shall issue its own decision, based on the appeal, for permit issuance, denial, suspension, or revocation.If the commission changes a finding of fact or conclusion of law made by the administrative hearing commission, or modifies or vacates the decision recommended by the administrative hearing commission, it shall issue its own decision, which shall include findings of fact and conclusions of law.The commission shall mail copies of its final decision to the parties to the appeal or their counsel of record.The commission's decision shall be subject to judicial review pursuant to chapter 536, except that the court of appeals district with territorial jurisdiction coextensive with the county where the waterworks is located, or is to be located, shall have original jurisdiction.No judicial review shall be available until and unless all administrative remedies are exhausted.

(RSMo 1939 § 9753, A. 1949 S.B. 1051, A.L. 1978 S.B. 509 § 192.200, A.L. 1998 H.B. 1161, A.L. 2015 H.B. 92)

Prior revisions: 1929 § 9033; 1919 § 5789

640.160 - Energy futures fund created, use of moneys.

1.There is hereby created in the state treasury the "Energy Futures Fund" which shall consist of money appropriated by the general assembly or received from gifts, bequests, donations, or from the federal government.The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180.Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

2.Upon appropriation, the department of economic development may use moneys in the fund created under this section for the purposes of carrying out the provisions of section 620.035* and sections 640.153 to 640.160* including, but not limited to, energy efficiency programs, energy studies, energy resource analyses, or energy projects.After appropriation, the department may also expend funds for the administration and management of energy responsibilities and activities associated with projects and studies funded from the energy futures fund.

(L. 2009 H.B. 661, A.L. 2018 S.B. 975 & 1024 Revision)

*Statutory reference to section "640.150" changed to "section 620.035 and sections 640.153" to comply with section 3.060 based on the transfer of section 640.150 to 620.035 by S.B. 975 & 1024 Revision, 2018.

*640.236 - Punitive and exemplary damages, exempt from, when.

In all civil actions involving claims for exposure or contamination arising from the ownership, maintenance, management, or control of underground hard rock mining or hard rock milling sites that ceased operations prior to January 1, 1975, or such claims that arise from chat or tailings generated at those sites, brought against persons or entities alleged to have owned, maintained, managed, or controlled such sites, chat, or tailings at any time, such persons and entities shall be exempt from punitive or exemplary damages with respect to all such claims that relate in any way to the ownership, maintenance, management, or control of such sites, chat, or tailings, so long as such persons or entities or their employees, agents, owners, parent, subsidiary, or any related companies have made or are making good faith efforts to remediate such sites.Any evidence may be introduced to demonstrate good faith efforts to remediate including substantial compliance with an order or permit issued by or negotiated with either the state of Missouri or the United States concerning remediation or closure.The total of any awards of punitive or exemplary damages shall not exceed two million five hundred thousand dollars in the aggregate as to all defendants in a civil action within this section.The provisions of section 537.675 shall not apply to such action, and one-half of any such awards for punitive or exemplary damages shall be paid into the Missouri lead abatement loan fund established under section 701.337.Nothing in this section shall be construed as precluding any party from pursuing compensatory damages, including claims for natural resource damages.

(L. 2013 H.B. 650)

*Effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

*640.136 - Fluoridation modification, notification to department and customers, when.

1.Any public water system, as defined in section 640.102, or public water supply district, as defined in chapter 247, which intends to make modifications to fluoridation of its water supply shall notify the department of natural resources, the department of health and senior services, and its customers of its intentions at least ninety days prior to any vote on the matter.The public water system or public water supply district shall notify its customers via radio, television, newspaper, regular mail, electronic means, or any combination of notification methods to most effectively notify customers at least ninety days prior to any meeting at which the vote will occur.Any public water system or public water supply district that violates the notification requirements of this section shall return the fluoridation of its water supply to its previous level until proper notification is provided under the provisions of this section.

2.In the case of an investor-owned water system, the entity calling for the discussion of modifications to fluoridation shall be responsible for the provisions of this section.

(L. 2016 H.B. 1713 merged with H.B. 1717)

Effective 8-28-16 (H.B. 1717); *10-14-16 (H.B. 1713), see § 21.250

*H.B. 1713 was vetoed June 28, 2016.The veto was overridden on September 14, 2016.

640.660 - Loan repayment.

1.Each applicant to which a loan has been made under sections 640.651 to 640.686 shall repay such loan, with interest.The rate of interest shall be the rate required by the funding source.The number, amounts and timing of the payments shall be as determined by the department.

2.Any applicant which receives a loan or financial assistance through the provisions of sections 640.651 to 640.686 shall annually budget an amount which is at least sufficient to make the payments required under this section.

3.A school or local government shall not raise the funds needed to make the loan payment by the levy of additional taxes.The loan payments shall be derived from energy cost savings resulting from the project.In the event that energy cost savings resulting from the project fail to equal or exceed the amount of the payment, the school or local government and the department may renegotiate the terms of the loan or financial assistance in such a manner as to assure that the actual energy cost savings resulting from the project are applied to the loan or other financial assistance.

4.If a school district fails to remit a payment to the department in accordance with this section within sixty days of the due date of such payment, the department shall notify the department of elementary and secondary education to deduct such payment amount from the next regular apportionment of state funds to that district.That amount shall then immediately be deposited in the energy set-aside fund.

5.If a local government fails to remit a payment to the department in accordance with this section within sixty days of the due date of such payment, the department shall notify the director of the department of revenue to deduct such payment amount from the next regular apportionment of local sales tax distributions to that jurisdiction.Such amount shall then immediately be deposited in the energy set-aside fund.

6.All applicants having received loans pursuant to sections 640.651 to 640.686 shall remit the payments required by subsection 1 of this section to the department or such other entity as may be directed by the department.The department or such other entity shall immediately deposit such payments in the energy set-aside loan fund.

(L. 1995 H.B. 414)

640.131 - Administrative penalties.

1.In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 640.100 to 640.140 or a standard, limitation, order, rule or regulation promulgated thereunder, or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator under this section.An administrative penalty shall not be imposed until the director has sought to resolve the violations through conference, conciliation and persuasion.If the violation is resolved through conference, conciliation and persuasion, no administrative penalty shall be assessed unless the violation has caused a risk to human health or to the environment, or has caused or has potential to cause pollution or was knowingly committed.

2.The maximum amount of administrative penalties assessed pursuant to this section for public water systems serving ten thousand or more persons shall be no more than one thousand dollars per day, or part thereof, for each violation, up to a maximum of twenty-five thousand dollars for each violation.The maximum amount of administrative penalties assessed pursuant to this section for public water systems serving at least five hundred persons but less than ten thousand persons shall be no more than two hundred fifty dollars per day, or part thereof, for each violation, up to a maximum of five thousand dollars for each violation.The maximum amount of administrative penalties assessed pursuant to this section for public water systems serving less than five hundred persons shall be no more than one hundred dollars per day, or part thereof, for each violation, up to a maximum of one thousand dollars for each violation.In determining the amount of the administrative penalty, the department shall take into consideration all relevant circumstances, including, but not limited to, the harm which the violation causes or may cause, the violator's previous compliance record, the nature and persistence of the violation, any corrective actions taken, the number of connections served by the system and any other factors which the department may reasonably deem relevant.

3.Any order assessing an administrative penalty shall state that an administrative penalty is being assessed under this section and that the person subject to the penalty may appeal as provided by this section.Any such order which fails to state the law or regulation under which the penalty is being sought, the manner of collection or rights of appeal shall result in the state's waiving any right to collection of the penalty.An administrative penalty shall be paid within sixty days from the date of issuance of the order assessing the penalty.Any person subject to an administrative penalty may appeal to the commission.Any appeal shall stay the due date of such administrative penalty until the appeal is resolved.Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for a surcharge of fifteen percent of the penalty plus ten percent per annum on any amounts owed.Any administrative penalty paid pursuant to this section shall be handled in accordance with Section 7 of Article IX of the Missouri Constitution.An action may be brought in the appropriate circuit court to collect any unpaid administrative penalty, and for attorney's fees and costs incurred directly in the collection thereof.

4.An administrative penalty shall not be increased in those instances where department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty.Any administrative penalty shall be assessed within two years following the department's initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.

5.Any final order imposing an administrative penalty is subject to judicial review upon the filing of a petition pursuant to section 536.100 by any person subject to the administrative penalty.No judicial review shall be available, however, until all administrative remedies are exhausted.

6.The state may elect to assess an administrative penalty, or, in lieu thereof, to request that the attorney general or prosecutor file an appropriate legal action seeking a civil penalty in the appropriate circuit court.

(L. 1998 H.B. 1161)

Effective 6-09-98

640.668 - Transfer of funds from industrial/commercial energy conservation loan fund.

All moneys remaining in the industrial/commercial energy conservation loan fund on July 1, 1996, shall be transferred to the energy set-aside program fund.

(L. 1995 H.B. 414)

640.435 - Judicial review from final orders of department, procedure — duties of department not to conflict.

1.Any person aggrieved by a final order of the department issued pursuant to sections 640.400 to 640.435 may seek judicial review in the manner provided by chapter 536.

2.The provisions of sections 640.400 to 640.435 shall not supersede the duties imposed under this chapter and chapter 644.

(L. 1989 S.B. 112, et al. §§ 12, 13)

640.735 - Discharge to be reported, when, to whom.

Within twenty-four hours, any unauthorized discharge by a flush system animal waste wet handling facility that has crossed the property line of the facility or any unauthorized discharge by a flush system animal waste wet handling facility of which the failsafe containment structure or earthen dam has failed to contain and has crossed the property line of the facility, or enters waters of the state shall be reported to the department and to all adjoining property owners of the facility as listed on the site-specific permit.

(L. 1996 H.B. 1207)

Effective 6-25-96

*640.080 - E. coli measuring standard — posting of signs when beaches exceed, language — authority to close beaches.

1.For Missouri state parks' designated swim beaches, a standard that measures E. coli using the Environmental Protection Agency's Method 1603, or any other equivalent method that measures culturable E.coli, with the geometric mean (GM) of weekly sampling of one hundred ninety colony forming units per one hundred milliliters shall be utilized.

2.If beaches exceed the GM standard established in subsection 1 of this section, the department of natural resources shall post the beach with signs that state "Swimming is Not Recommended".

3.The department reserves the right to close a beach in the event of a documented health risk including things such as but not limited to wastewater bypass, extremely high sampling values, spills of hazardous chemicals, or localized outbreaks of an infectious disease.

(L. 2013 H.B. 28 merged with H.B. 650)

Effective 7-12-13 (H.B. 28); 9-11-13 (H.B. 650)

*H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

*Revisor's Note:Article III, Sections 29 and 32 of the Missouri Constitution, and Sections 1.130 and 21.250, RSMo, do not specifically address the effective date of a section subject to an emergency clause which is overridden by the general assembly.

640.235 - Damages received, use, limit, purpose — additional funds used, when — funds transferred, when, how much.

1.Damages received pursuant to this act shall be used solely for the following purposes, subject to appropriation: Ten percent of each receipt of natural resources damages shall be deposited in the chemical emergency preparedness fund, established under section 292.607, not to exceed one hundred thousand dollars per year from all receipts of natural resources damages.

2.All remaining moneys received from damages after moneys have been made available for chemical emergency preparedness under subsection 1 of this section shall be deposited in the natural resources protection fund created by the provisions of section 640.220 and, subject to appropriation, shall be used solely for the following purposes:

(1)To pay for restoration or rehabilitation of the injured or destroyed natural resources by the state agency bringing the action for damages;

(2)To pay for the development of or restoration of a natural resource similar to that which was damaged or destroyed;

(3)To provide funds for the department of natural resources and the department of conservation for reasonable costs incurred in obtaining an assessment of such injury, destruction, or loss of natural resources, including expenses.

3.In addition, moneys in this fund may be used in conjunction with other funds, such as the hazardous waste fund created by the provisions of section 260.391, only for the purposes of subdivisions (1), (2) and (3) of subsection 1 of this section, except that sums recovered by the state under the provisions of Title 42, United States Code, part 9607(f), shall be available for use only to restore, replace or acquire the equivalent of such natural resources by the state.

4.Moneys in the subaccount referred to in section 640.220 may be transferred to the conservation commission fund as reimbursement for expenses incurred by the department of conservation in evaluating or rehabilitating natural resource damage and as reimbursement for damages directly attributable to wildlife, fisheries and forestry resources of the state of Missouri and caused by the specific incident for which natural resources damages were received.

5.Notwithstanding the provisions of section 33.080 to the contrary, moneys in the subaccount shall not be transferred to general revenue at the end of each biennium, except that any amount in the subaccount in excess of two million dollars at the end of each biennium may be transferred to general revenue by appropriation.

(L. 1990 H.B. 1669, A.L. 1992 S.B. 480)

640.035 - Environmental control — conservation programs — department's duty to maintain records, content.

For any program relating to environmental control and the conservation and management of natural resources assigned to the department of natural resources or any division thereof, if the department maintains records of site inspections and violations of statutes, rules, or the terms or conditions of any permit by any entity subject to regulation by such program, the department shall also maintain records of compliance with such statutes, rules, or terms or conditions of any permit, and shall specifically record in such records any actions taken by the entity subject to regulation by the program that are above and beyond what is minimally required for compliance if the entity provides written notification of such action to the department at or before the time of the inspection.

(L. 1998 H.B. 1161)

Effective 6-09-98

640.135 - Fluoride rules prohibited.

The department of natural resources shall not promulgate any rule or regulation to require or prohibit the addition of fluoride to drinking water.

(L. 1978 S.B. 509 § 192.212)

640.678 - Administration of fund.

After three years from August 28, 1997, and every year thereafter, the department shall calculate the average unobligated balance of general revenue moneys in the fund.The department shall annually notify the state treasurer as to the amount of the average unobligated balance of general revenue moneys.The state treasurer shall transfer from the fund to the general revenue fund of the state an amount equal to the average unobligated balance of general revenue moneys less ten thousand dollars.

(L. 1995 H.B. 414)

*640.090 - Implementation impact report, submitted to whom — criteria.

1.In developing, amending, or revising state implementation plans to address National Ambient Air Quality Standard nonattainment areas under the federal Clean Air Act, as amended (42 U.S.C.Section 7401, et seq.), state plans to comply with federal regulations relating to carbon emissions for existing-source performance standards (42 U.S.C. Section 7411**), or nonpoint source management plans under the federal Clean Water Act, as amended (33 U.S.C. Section 1251, et seq. and 33 U.S.C. Section 1329), for submission to the United States Environmental Protection Agency based on promulgated rules and regulations, the department, and its respective commissions, in collaboration with the department of health and senior services, department of revenue, public service commission, the department of conservation, and division of energy of the department of economic development, shall prepare an implementation impact report in lieu of a regulatory impact report required under section 640.015 and submit such report in addition to the proposed state implementation plan, state plan, or nonpoint source management plan to the governor, the joint committee on government accountability, the president pro tempore of the senate, and the speaker of the house of representatives forty-five calendar days prior to final submission to the United States Environmental Protection Agency.The department shall also post the implementation impact report and the proposed state implementation plan, state plan, or nonpoint source management plan prominently on the home page of its departmental website forty-five calendar days prior to submission to the Environmental Protection Agency.If such implementation impact report or state implementation plan, state plan, or nonpoint source management plan is revised after such report and plan is delivered to such elected officials but prior to submission to the United States Environmental Protection Agency, the updated report and plan shall also be delivered to the governor, the joint committee on government accountability, the president pro tempore of the senate, and the speaker of the house of representatives, and posted prominently on the home page of its departmental website upon release.All implementation impact reports and plans shall remain on the departmental website for no less than one year after final submission to the United States Environmental Protection Agency.

2.The implementation impact report shall take into consideration the unique policies, energy needs, resource mix, reliability, and economic priorities of Missouri, and shall include, but is not limited to, the following criteria:

(1)The economic impact the plan will have on businesses and citizens in the state, including any disproportionate impact it will have on lower income populations, and any job losses or gains that are anticipated as a result of the plan, rule, or regulation;

(2)The existence and cost efficiency of any technology that may be needed to achieve the reduction goal and whether the reduction goals are achievable within the allotted time frame;

(3)Whether the plan achieves reduction goals at a sustainable cost;

(4)The remaining useful life of any emitting structure affected by the plan if provided by the emitting entity;

(5)Any existing depreciation schedules of an emitting structure that will be forced into early retirement due to implementation of the plan if provided by the emitting entity;

(6)Any policy options for the adoption of less stringent standards or longer compliance schedules;

(7)The potential impact on taxes and the general revenue of the state;

(8)The potential impact on citizen health, including any evidence that the pollutant contributes to health problems based upon peer-reviewed scientific evidence;

(9)Options, to the maximum extent allowable, that provide flexibility in achieving reduction goals, including the averaging of emissions or any other alternative implementation measure that may further the interests of Missouri's citizens;

(10)A cost-benefit analysis of how the plan affects the economic well-being of the state, as well as the projected cost or benefits to any industry affected by the plan, and projected costs or benefits to consumers and citizens;

(11)The potential impact of the plan on generation, supply, distributions, and service reliability;

(12)The elements of a regulatory impact report as required under section 640.015;

(13)Information, to the extent that it is available, regarding how other states are formulating their plans.

3.In developing, amending, or revising state implementation plans, state plans, or nonpoint source management plans for submission to the United States Environmental Protection Agency based on rules or regulations under:

(1)The federal Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.), the department shall hold at least one stakeholder meeting in order to solicit stakeholder input from each of the following groups:electric generators and load serving entities, industrial energy consumers, citizens consumer groups, and renewable energy groups;

(2)The federal Clean Water Act, as amended (33 U.S.C. Section 1251***, et seq. and 33 U.S.C. Section 1329), the department shall hold at least one stakeholder meeting in order to solicit stakeholder input from each of the following groups:agricultural groups, municipal groups, industrial groups, environmental and natural resource groups, and citizen groups.

4.Before final submission of a state implementation plan, state plan, or nonpoint source management plan to the United States Environmental Protection Agency, the joint committee on government accountability may conduct at least two public hearings within forty-five days of receiving the implementation impact report and plan in order to seek public comment on the proposed state implementation plan, state plan, nonpoint source management plan, or implementation impact report.The joint committee on government accountability may request that a representative from the United States Environmental Protection Agency attend at least one of the public hearings.

5.Nothing in this section shall be construed as otherwise conferring upon the public service commission or the department jurisdiction over the service, rates, financing, accounting, or management of any rural electric cooperative or municipally owned utility, or to amend, modify, or otherwise limit the rights to provide service as otherwise provided by law.

6.Nothing in this section shall be construed to effect, limit, or supersede section 643.640.

(L. 2015 S.B. 142)

*Effective 10-16-15, see § 21.250.S.B. 142 was vetoed on July 10, 2015.The veto was overridden September 16, 2015.

**Section "7412" appears in original rolls.

***Section "12541" appears in original rolls.

640.078 - Federal Clean Water Act and federal Safe Drinking Water Act, tax refunds in violation of — department of natural resources to identify other appropriated funds to department for transfer to the state general revenue fund.

1.If a refund mandated under Article X, Section 18, of the Missouri Constitution from the following funds:

(1)The water and wastewater loan fund established pursuant to section 644.122;

(2)The water pollution permit fee subaccount of the natural resources protection fund established in section 640.220;

(3)The water and wastewater loan revolving funds; or

(4)Any fund established by the office of administration for the sole purpose of receiving and distributing state match bond proceeds for the department of natural resources' state revolving fund programs established pursuant to the federal Clean Water Act, the federal Safe Drinking Water Act, or any federal regulation authorized under either federal act,

would violate the federal Clean Water Act, the federal Safe Drinking Water Act, or any federal regulation authorized under either federal act, the department of natural resources shall identify an equal amount from other funds appropriated to the department.

2.The commissioner of administration shall transfer the funds identified by the department, that would otherwise be transferred from the funds identified in subsection 1 of this section, to the state general revenue fund for any refund that occurs after August 28, 2004.

(L. 2004 H.B. 980 §1)

640.125 - Test results to be reported — records to be retained — notices — information to be provided.

1.The public water system shall report to the department of natural resources the results of all tests required by the state drinking water regulations and shall report to each customer in accordance with the federal Safe Drinking Water Act, as amended, and regulations promulgated thereunder.

2.Any owner or operator of a public water system subject to the provisions of section 192.320 and sections 640.100 to 640.140 shall retain in its premises, or at a convenient location near its premises, for a period of time specified by the department of natural resources the following records: records of operation; records of bacteriological analyses; records of chemical and physical analyses made pursuant to section 192.320 and sections 640.100 to 640.140; records of action taken by the system to correct violations of state drinking water rules and regulations; copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, state or federal agency; and records concerning a variance or exemption granted to the system.If a public water system fails to comply with the state drinking water rules and regulations, monitoring requirements, or has been granted a variance or exemption, or fails to comply with the schedule or conditions prescribed pursuant to a variance or exemption, the department of natural resources shall require the supplier of water to notify its users and the public of the extent and nature of the noncompliance.Notification shall be in form and manner prescribed or otherwise approved by the department of natural resources.

3.When an investigation of any water supply, plant or methods used is undertaken by the department of natural resources, the person in charge of the water supply shall furnish on demand to the department such information as the rules and regulations promulgated require to determine the quality of the water being dispensed.

(L. 1978 S.B. 509 § 192.204, A.L. 1998 H.B. 1161)

Effective 6-09-98

640.674 - Rulemaking authority, procedure.

1.Under the provisions of sections 640.651 to 640.686, the department shall establish such procedures, policies and qualifications as may be necessary for the administration of sections 640.651 to 640.686.The department shall promulgate administrative rules that ensure an equitable distribution of funds among the energy using sectors.The department may establish interest rates.The department may develop rules relevant only to certain sectors or entities to assure an equitable program.

2.No rule or portion of a rule promulgated under the authority of sections 640.651 to 640.686 shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided in this section, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided in this section.

3.Upon filing any proposed rule with the secretary of state the department shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.

4.A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee.The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period.If the committee does not disapprove such order of rulemaking within the thirty-day period, the department may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.

5.The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:

(1)An absence of statutory authority for the proposed rule;

(2)An emergency relating to public health, safety or welfare;

(3)The proposed rule is in conflict with state law;

(4)A substantial change in circumstance since enactment of the law upon which the proposed rule is based.

6.If the committee disapproves any rule or portion thereof, the department shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.

7.If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives.No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.

8.Upon adoption of a rule as provided in this section, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to Section 8, Article IV of the Constitution of Missouri, by concurrent resolution upon recommendation of the joint committee on administrative rules.The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.

(L. 1995 H.B. 414)

*640.026 - Enforcement and penalties, list of documents produced for external dissemination — JCAR review, contents.

1.The department of natural resources shall, by December 1, 2013, and annually thereafter, develop a list of all documents produced for external dissemination, excluding permits, that the department utilizes to implement enforcement actions or penalties levied by the department which have not been established in statute or have not been promulgated pursuant to chapter 536.The list and all documents referenced shall be provided to the joint committee on administrative rules for the purpose of a review, in consultation with the department, to determine if the documents are statements of general applicability that implement, interpret, or prescribe law or policy that should be subject to the rulemaking process prescribed in chapter 536.

2.All documents, excluding permits and rules, produced by the department for external dissemination shall contain:

(1)The name of the department;

(2)The name of the division of the department, if applicable;

(3)The name of the director of the division, if applicable;

(4)The calendar date on which the document was produced; and

(5)A disclosure statement stating:"Nothing in this document may be used to implement any enforcement action or levy any penalty unless promulgated by rule under chapter 536 or authorized by statute.".

3.The list and all documents required by this section to be provided to the joint committee on administrative rules shall be satisfied by providing either physical copies of both a list and all documents, excluding permits, or by providing a list of documents accompanied by a separate uniform resource locator for each listed document.

(L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.670 - Transfer of funds from local government energy conservation loan fund.

All moneys remaining in the local government energy conservation loan fund on July 1, 1996, shall be transferred to the energy set-aside program fund.

(L. 1995 H.B. 414)

640.420 - Special water protection area, information program to be established, purpose, duties.

When a special water quality protection area has been established, the department shall implement an area informational program to help prevent, eliminate, mitigate or minimize the continued introduction of the contaminant or contaminants into the surface or groundwater.

(L. 1989 S.B. 112, et al. § 8)

640.620 - Limitation on grants — exceptions.

In any case, the grant shall not be in excess of three thousand dollars per connection, or, in the case of a source water protection project, for more than twenty percent of the cost per acre for conservation reserve and, except as otherwise provided in this section, no district or system may receive more than one grant for any purpose in any two-year period.Grantees who received or who are receiving funds under the 1993-94 special allocation for flood-impacted communities are not subject to the prohibition against receiving more than one grant during any two-year period for a period ending two years after the final grant allocation for flood-impacted communities is received by that grantee.

(L. 1989 S.B. 444, A.L. 1995 S.B. 228, A.L. 1999 S.B. 160 & 82, A.L. 2018 S.B. 659 merged with S.B. 782)

640.220 - Natural resources protection fund created — purpose — funding — administration — fund relapses into general fund, when.

1.For the purpose of protecting the air, water and land resources of the state, there is hereby created in the state treasury a fund to be known as the "Natural Resources Protection Fund".All funds received from air pollution permit fees, gifts, bequests, donations, or any other moneys so designated shall be paid to the director of the department of natural resources, transmitted to the director of revenue and deposited in the state treasury to the credit of an appropriate subaccount of the natural resources protection fund and shall be used for the purposes specified by law.The air pollution permit fee revenues shall be deposited in an appropriate subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the general administration of section 643.075.The water pollution permit fee revenues generated through sections 644.052, 644.053, 644.054 and 644.061 shall be paid to the director of the department of natural resources, transmitted to the director of the department of revenue and deposited to the credit of the water pollution permit fee subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the administration of sections 644.006 to 644.141.

2.Effective July 1, 1991, the provisions of section 33.080 to the contrary notwithstanding, any unexpended balance in the subaccounts of the natural resources protection fund that exceeds the preceding biennium's collections shall revert to the general revenue fund of the state at the end of each biennium.All interest earned on the natural resources protection funds shall accrue to appropriate subaccounts.

(L. 1988 H.B. 1187, A.L. 1990 H.B. 1669 merged with S.B. 582, A.L. 2000 S.B. 741)

640.120 - Tests, required when — inspections, sampling, entry denied, procedure — publication, community water quality — lead-free construction and repair materials required, exceptions.

1.The department of natural resources shall require tests for those contaminants in water which are included in the state drinking water regulations, for those contaminants included in the national primary drinking water regulations, for those contaminants for which monitoring is otherwise required pursuant to the provisions of the federal Safe Drinking Water Act, and for any other contaminants which the department of natural resources finds may be hazardous to public health.

2.A water system shall be tested for each contaminant at the frequency required under federal drinking water regulations or a flexible monitoring program allowed under the federal Safe Drinking Water Act, as amended, unless the department determines, after public notice and comment, that testing at a greater frequency for that contaminant is necessary to protect the health of persons served by that system.In an emergency situation, the director may order more frequent testing in order to protect the public health.

3.Water sampling conducted pursuant to this section for lead or other contaminants suspected to be originating in privately owned plumbing attached to the water system shall include a representative number of first draw samples collected at the tap.Samples taken from private property not part of the facilities owned by a public water system may be taken only with the permission of the owner or lessee of the property.

4.The department of natural resources may authorize variances and exemptions from state primary water regulations.

5.Duly authorized representatives of the department of natural resources, with prior notice, may enter at reasonable times upon any private or public property to inspect and investigate conditions relating to the construction, maintenance and operation of a public water supply, and take samples for analysis.If the director or the director's representative has probable cause to believe that a public water supply system is located on any premises, the director or the director's representative shall be granted entry for the purpose of inspection and sample collection.Should entry be denied, a suitably restricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any judge or associate circuit judge having jurisdiction to any representative of the department to enable the director or the director's representative to make such inspections.

6.The department of natural resources shall publish annually a census of Missouri public water systems.The department shall make available for public review for each public water system the most recent level found of each contaminant for which it is required to test pursuant to subsection 1 of this section.The department shall notify the public annually by press release directed to the newspaper or newspapers of general circulation or radio stations in the area served by each community water system as to the availability of an annual report on the condition of drinking water quality.The report shall describe testing procedures, identify contaminants tested for and the levels of contamination found, and indicate trends which have been observed in water quality in public water systems.

7.Only lead-free materials, as determined by the department by rule, shall be used in construction and repair of any public water system and on plumbing in any building in this state which is connected to any public water system; provided, however, that lead may be used to repair lead joints connecting cast iron pipes which were in use prior to August 28, 1989.

(L. 1978 S.B. 509 § 192.202, A.L. 1989 S.B. 112, et al., A.L. 1992 H.B. 1393, A.L. 1998 H.B. 1161)

Effective 6-09-98

640.128 - Voluntary reporting by permit holders, department to notify local and state health departments of potential risks.

If an entity that holds a permit issued under chapter 644 or under sections 640.100 to 640.140 voluntarily reports to the department of natural resources the results of any water quality testing conducted by the entity, and such results indicate a potential risk to public health, the department shall immediately notify the local public health authority and the department of health and senior services.

(L. 2011 H.B. 89)

Effective 7-11-11

CROSS REFERENCE:

Nonseverability clause, 640.099

640.686 - Form, details and incidents of revenue bonds.

1.When not inconsistent with the provisions of sections 640.651 to 640.686, the department and the authority, respectively, are authorized to prescribe the form, details and incidents of the bonds and to make such covenants as in their judgment may be advisable or necessary properly to secure the payment of the bonds.

2.The authority and the department shall have the power to perform all duties imposed upon the authority and the department by sections 640.651 to 640.686, including the making and collecting of sufficient rates and charges for the use of the project for which the bonds were issued.

(L. 1995 H.B. 414)

640.682 - Revenue bonds, purpose.

The department and the authority shall have the power to issue and sell revenue bonds to provide funds for the projects including costs necessarily incidental thereto.

(L. 1995 H.B. 414)

640.665 - Energy set-aside program fund.

1.The state treasurer shall establish, maintain, and administer a special trust fund to be administered by the department and to be known as the "Energy Set-aside Program Fund", from which applicants as determined by the department may seek and obtain loans and financial assistance.The department shall determine which applicants shall obtain loans or financial assistance as provided in sections 640.651 to 640.686.

2.All moneys duly authorized and appropriated by the general assembly, all moneys received from federal funds, gifts, bequests, donations or any other moneys so designated, all moneys received pursuant to sections 640.651 to 640.686, and all interest earned on and income generated from moneys in the fund shall be paid to and deposited in the energy set-aside program fund.

3.All principal deposits, as authorized in subsection 2 of this section, and all repayments of loans as specified in subsection 6 of section 640.660, to the energy set-aside program fund shall be available to be issued and reissued for loans and financial assistance as authorized by sections 640.651 to 640.686.After appropriation from the general assembly, the department may expend any fees or interest earned on the energy set-aside program fund for the administration of the department's energy responsibilities and activities.

4.The commissioner of administration shall disburse such moneys from the fund at such times as are authorized by the department.

5.Except as otherwise provided in sections 640.651 to 640.686, the provisions of section 33.080 requiring the transfer of unexpended funds to the general revenue fund of the state shall not apply to funds in the energy set-aside program fund.

(L. 1995 H.B. 414, A.L. 2001 S.B. 451)

640.430 - Interagency task force established, members, meetings.

1.The department shall establish an interagency task force consisting of the departments of health and senior services, conservation, agriculture, the University of Missouri, college of agriculture and such other departments and agencies as may be necessary to effectuate the purposes and provisions of sections 640.400 to 640.435.

2.The interagency task force shall meet at least semiannually. The department shall be the lead agency in matters related to surface and groundwater protection.

(L. 1989 S.B. 112, et al. § 11)

640.730 - Facility to have containment structure.

1.The owner or operator of every facility, with a flush system animal waste wet handling facility that poses a risk as determined by the department to any public drinking water supply or any aquatic life, or lies within a drainage basin and is within three hundred feet of any adjacent landowner, shall have a failsafe containment structure or earthen dam that will contain, in the event of an unauthorized discharge, a minimum volume equal to the maximum capacity of flushing in any twenty-four-hour period from all gravity outfall lines, recycle pump station and* recycle force mains.

2.Construction of such structure or dam, as provided in subsection 1 of this section, shall commence within ninety days of June 25, 1996.

(L. 1996 H.B. 1207)

Effective 6-25-96

*Word "and" does not appear in original rolls.

640.030 - Interagency plan, department of natural resources and department of conservation.

The department of natural resources and the department of conservation shall develop an interagency plan and execute an interagency agreement regarding the application and use of any portion of funds authorized for the respective departments by provisions of the Constitution, taking into consideration the purposes for which the voters approved the funds and the extent to which expenditures under the provisions of sections 252.300 to 252.333, or sections 620.552 to 620.574, accomplish such purposes.Such interagency agreements shall not be subject to legislative review or oversight and are not rules within the meaning of any law providing for review by the general assembly or any committee thereof.

(L. 1990 H.B. 1653 § 25)

Expired 12-31-92

640.130 - Emergencies — actions to be taken — water systems in violation, penalties.

1.Whenever the department of natural resources determines that an emergency exists which endangers or could be expected to endanger the public health and safety with regard to drinking water supplies, the department of natural resources may, without notice or hearing, issue an order reciting the existence of such a condition and requiring the person to take such action as will lessen or abate the danger.Notwithstanding any provisions of section 192.320 and sections 640.100 to 640.140, such order shall be effective immediately.

2.At the request of the department, the attorney general may bring an injunctive action or other appropriate action in the name of the people of the state to enforce provisions of section 192.320 and sections 640.100 to 640.140, the rules promulgated pursuant to section 192.320 and sections 640.100 to 640.140 and the orders of the department of natural resources issued pursuant to section 192.320 and sections 640.100 to 640.140.

3.Whenever the department of natural resources determines that a public water system is in violation of sections 640.100 to 640.140, or any rules promulgated pursuant thereunder, the department of natural resources may issue an administrative order requiring the public water system to comply with such rule or statute.

4.The court may impose a civil penalty of not more than fifty dollars per day or part thereof for the first violation of section 192.320 and sections 640.100 to 640.140; one hundred dollars per day or part thereof for the second violation and for each violation thereafter, including any order issued pursuant to this section, or any rules or regulations promulgated pursuant to sections 640.100 to 640.140.The department shall not seek a civil monetary penalty under this section for a violation where an administrative penalty was assessed and collected.Any offer of settlement to resolve a civil penalty under this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general under authority of this section and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.

5.Any person aggrieved by an emergency order may appeal within thirty days after the issuance of the order to the circuit court of the county in which the public water system is located or if the public water system is located in more than one county, to the circuit court of any such county.The circuit court shall within ten days after the filing of the appeal hear the cause and determine the same.

(L. 1978 S.B. 509 § 192.210, A.L. 1981 S.B. 204, A.L. 1998 H.B. 1161)

Effective 6-09-98

640.045 - Revolving fund for cash transactions for sale of items made by Department of Natural Resources divisions established.

Upon a request from the director of the department of natural resources, the commissioner of administration shall draw a warrant payable to any and all of the directors of the various divisions of the department in amounts to be specified by the director of the department of natural resources, but such amounts shall not exceed the sum of five hundred dollars each.The sum so specified shall be placed in the hands of the director of the relevant division as a revolving fund to be used in the cash transactions involving the sale of items made by that division.All transactions shall be made in accordance with rules and regulations established by the commissioner of administration.

(L. 2011 H.B. 190)

*640.017 - Unified permit schedule authorized for activities requiring multiple permits — director's duties — procedure — rulemaking authority.

1.Notwithstanding any other provision of law, for activities that may require multiple environmental state permits or certifications, an applicant may directly petition the director for purposes of approving or denying such permits or certifications, and for purposes of coordinating a unified permit schedule with the department which covers the timing and order to obtain such permits in a coordinated and streamlined process.In determining the schedule, the department and applicant shall consider which permits are most critical for the regulated activity, the need for unified public participation for all of the regulated aspects of the permitted activity, the applicant's anticipated staging of construction and financing for the permitted activity, and the applicant's use of innovative environmental approaches or strategies to minimize its environmental impacts.

2.In order to facilitate a unified and streamlined permitting process, the director shall develop and implement a process to coordinate the processing of multiple environmental permits, certifications, or permit modifications from a single applicant.

3.The department may initiate the unified permits process for a class of similar activities by notifying any known applicants interested in those regulated activities of the intent to use the unified process.To the extent practicable and consistent with the purposes of this section, the department shall coordinate with interested applicants on the unified permit schedule.

4.The process developed and implemented by the director shall include working with such applicants in an effort to help determine, at the earliest stage, all of the permits required for a specific proposed activity based on information provided by the applicant; additional information regarding the proposed activity may result in different permits being required.The department shall inform applicants that a unified permitting schedule is available.Any multiple-permit applicant may decline at any time to have its permits processed in accordance with the schedule and instead proceed on a permit-by-permit approach.The department shall publicize the order and tentative schedule on the department's internet website.

5.Following the establishment of a unified permit schedule, the director shall notify the applicant in writing of the order in which the applicant shall obtain permits.The department shall proceed to consider applications accordingly and may only modify the schedule with the consent of the applicant through the date of the public hearing.Each application shall be reviewed by the department based solely on its own merits and compliance with the applicable law.

6.The department shall coordinate with the applicant, to the extent possible, to align the unified permit process so that all public meetings or hearings related to the permits are consolidated into one hearing in a location near the facility.

7.In furtherance of this section, the director may waive otherwise applicable procedural requirements related to timing as set forth in state environmental laws or rules found in this chapter and chapters 236, 259, 260, 444, 643, and 644, so long as:

(1)The public comment periods related to each permit are not shortened; and

(2)The unified permitting schedule does not impair the ability of the applicant or the department to comply with substantive legal requirements related to the permit application.

8.The director shall promulgate rules to implement the provisions of this section.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

(L. 2008 S.B. 1181, et al., A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.H.B. 650 was vetoed July 12, 2013.The veto was overridden on September 11, 2013.

640.018 - Permit issuance after expiration of statutorily required time frame — engineering plans, specifications and designs — permit application or modification, statement required, use by department.

1.In any case where the department has not issued a permit or rendered a permit decision by the expiration of a statutorily required time frame for any application for a permit under this chapter or chapters 260, 278, 319, 444, 643, or 644, upon request of the permit applicant, the department shall issue the permit the first day following the expiration of the required time frame, provided all necessary information has been submitted for the application and the department has been in possession of all such information for the duration of the required time frame.This subsection shall be considered in addition to, and not in lieu thereof, any other provision of law regarding consequences of failure by the department to issue a permit or permit decision by the expiration of a required time frame.

2.If engineering plans, specifications, and designs prepared by a registered professional engineer are submitted to the department of natural resources as a part of a permit application or permit modification, the permit application or permit modification shall include a statement that the plans, specifications, and designs were prepared in accordance with the applicable requirements and shall be sealed by the registered professional engineer in accordance with section 327.411, as applicable.The department shall use the complete, sealed engineering plans, specifications, and designs as submitted in addition to permit applications and other relevant information, documents, and materials in developing comments on the engineering submittals and in determining whether to issue or deny permits.The review of documents, plans, specifications, and designs sealed by a registered professional engineer for an applicant shall be conducted by a registered professional engineer or an engineering intern on behalf of the department.

3.The department shall designate supervisory registered professional engineers for permitting purposes under this chapter and chapters 260, 278, 319, 444, 643, and 644.Any permit applicant receiving written comments on an engineering submittal may request a determination from the department's supervisory registered professional engineer as to a final disposition of the department's comments regarding engineering submittals in determining a decision on the permit.The department's supervisory engineer shall inform the permit applicant of a preliminary decision within fifteen days after the permit applicant's request for a determination and shall make a final determination within thirty days of such request.

4.Nothing in this section shall be construed to require plans or other submittals to the department pursuant to an application to come under a general permit or an application for a site-specific permit to be prepared by a registered professional engineer, unless otherwise required under state or federal law.

(L. 2011 H.B. 89 merged with S.B. 135 § 640.905, A.L. 2012 H.B. 1251)

CROSS REFERENCE:

Nonseverability clause, 640.099

640.745 - Fee to be paid by facility owner/operator, when, amount — fund expended, how, limit — closure activities.

1.The owner or operator of each class IA concentrated animal feeding operation utilizing flush systems shall remit to the department of natural resources a fee of ten cents per animal unit permitted to be deposited in the fund.The fee is due and payable to the department on the first anniversary of issuance of each owner or operator permit to operate such a facility and for nine years thereafter on the same date.The department of natural resources shall provide forms which such owner or operator shall use to file and pay this fee.

2.The fund shall be administered by the department for the purpose of carrying out the provisions of sections 640.700 to 640.755, relating to closure of class IA, class IB, class IC and class II concentrated animal feeding operation wastewater lagoons.

3.The fund administrators may only expend moneys for animal waste lagoon closure activities on real property which:

(1)Has been placed in the control of the state, a county, or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default or settlement, including conveyance by deed in lieu of foreclosure, and pose a threat to human health, the environment, or a threat to groundwater; and

(2)The state, county, or municipal government, or an agency thereof, has made reasonable and prudent efforts to sell said property to a qualifying purchaser.

4.The fund administrators shall expend no more than one hundred thousand dollars per lagoon for animal waste lagoon closure activities.The fund administrators shall only expend those moneys necessary to achieve a minimum level of closure and still protect human health and the environment.Closure activities shall include lagoon dewatering and removal of animal waste sludge, if any, both of which shall be land applied at a nutrient management application rate based on the most limiting nutrient as determined by Missouri clean water commission regulation.After dewatering, lagoons which are located in a drainage basin and are capable of meeting all applicable pond requirements of the Natural Resources Conservation Service (NRCS) with minimal additional expense should be maintained as a pond.Otherwise, the lagoon berms should be breached and graded in such a manner to reasonably conform to the surrounding land contours.

(L. 1996 H.B. 1207)

Effective 6-25-96

640.418 - Special water protection area, procedure to establish.

1.The department may establish special water quality protection areas where it finds a contaminant in a public water system in concentration which exceeds a maximum contaminant level established by the environmental protection agency pursuant to the Safe Drinking Water Act, as amended, or a maximum contaminant level established by the department pursuant to this chapter or sections 640.400 to 640.435 or a contaminant in surface or groundwater which exceeds water quality standards established pursuant to chapter 644, which presents a threat to public health or the environment.In making such a determination, the department shall consider the probable effect of the contaminant or contaminants on human health and the environment, the probable duration of the elevated levels of the contaminant, the quality, quantity and probable uses of surface or groundwater within the area, and whether protective measures are likely to prevent, mitigate or minimize the level of the contaminant in the surface or groundwater.

2.If the department determines that a special water quality protection area should be established, it shall consult with the interagency task force and with the public water system or systems affected and determine the boundaries of such area.When the boundaries of any such areas have been determined, the department shall, after a public hearing, issue an order designating the area as a special water quality protection area.Such an order shall include a geographic, hydrologic and stratigraphic definition of the area.

3.The department shall hold a public hearing or a public meeting within the area under consideration for designation as a special water quality protection area.The department shall notify every city and county within the proposed area and shall notify the public by press release and by publication of a notice in a newspaper of general circulation in the region.

(L. 1989 S.B. 112, et al. § 7)

640.610 - Appropriation for grants made to the department of natural resources — to administer.

Appropriations for such grants shall be made to the department of natural resources, who shall administer such grants for transmission to public water supply districts, sewer districts, rural community water or sewer systems, or municipal sewer systems to which the grant is made.

(L. 1989 S.B. 444)

Effective 6-06-89

640.710 - Department to regulate facilities — rules — setback — exemption.

1.The department shall promulgate rules regulating the establishment, permitting, design, construction, operation and management of class I facilities.The department shall have the authority and jurisdiction to regulate the establishment, permitting, design, construction, operation and management of any class I facility.Such rules may require monitoring wells on a site-specific basis when, in the determination of the division of geology and land survey, class IA concentrated animal feeding operation lagoons are located in hydrologically sensitive areas where the quality of groundwater may be compromised.Such rules and regulations shall be designed to afford a prudent degree of environmental protection while accommodating modern agricultural practices.

2.Except as provided in subsections 3 and 4 of this section, the department shall require at least but not more than the following buffer distances between the nearest confinement building or lagoon and any public building or occupied residence, except a residence which is owned by the concentrated animal feeding operation or a residence from which a written agreement for operation is obtained:

(1)For concentrated animal feeding operations with at least one thousand animal units, one thousand feet;

(2)For concentrated animal feeding operations with between three thousand and six thousand nine hundred ninety-nine animal units inclusive, two thousand feet; and

(3)For concentrated animal feeding operations of seven thousand or more animal units, three thousand feet.

3.All concentrated animal feeding operations in existence as of June 25, 1996, shall be exempt from the buffer distances prescribed in subsection 2 of this section.Such distances shall not apply to concentrated animal feeding operations which have received a written agreement which has been signed by all affected property owners within the buffer distance.

4.The department may, upon review of the information contained in the site plan including, but not limited to, the prevailing winds, topography and other local environmental factors, authorize a distance which is less than the distance prescribed in subsection 2 of this section.The department's recommendation shall be sent to the governing body of the county in which such site is proposed.The department's authorized buffer distance shall become effective unless the county governing body rejects the department's recommendation by a majority vote at the next meeting of the governing body after the recommendation is received.

5.Nothing in this section shall be construed as restricting local controls.

(L. 1996 H.B. 1207)

Effective 6-25-96

640.110 - Fund established — deposits, disbursements — unexpended balance not transferred.

There is hereby established in the state treasury the "Safe Drinking Water Fund".All fees or other moneys payable under the provisions of section 192.320 and sections 640.100 to 640.140 shall be payable to and collected by the director of the department of revenue and deposited in the safe drinking water fund.The money in the safe drinking water fund, after appropriation, shall be expended upon proper warrants issued by the commissioner of administration for the payment of salaries and expenses, including any fee or payment necessary for carrying out the provisions of section 192.320 and sections 640.100 to 640.140.Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the Constitution and laws of this state.All income from such investments shall be deposited in the safe drinking water fund.Any unexpended balance in the safe drinking water fund at the end of any appropriation period shall not be transferred to the general revenue fund and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue funds of the state by the state treasurer.

(RSMo 1939 § 9752, A. 1949 S.B. 1051, A.L. 1978 S.B. 509 § 192.190 subsec. 1, A.L. 1992 H.B. 1393)

Prior revisions: 1929 § 9032; 1919 § 5788

640.700 - Certain sections to apply only to facilities with a flush system.

Sections 640.700, 640.725, 640.730, 640.735 and 640.750 shall only apply to class IA facilities as defined by the department rules in effect as of January 30, 1996, which use a flush system.

(L. 1996 H.B. 1207)

Effective 6-25-96

CROSS REFERENCE:

Farming corporations or cooperatives not to receive economic assistance, exceptions, 350.040

640.600 - Grants in aid to certain public water supply sewer systems.

The state of Missouri may make direct grants to aid in the financing of any public water supply district, any sewer districts, any rural community water or sewer systems legally organized in the state or any municipal sewer system in any city, town, or village.

(L. 1989 S.B. 444)

Effective 6-06-89

640.400 - Citation of law.

1.Sections 640.400 to 640.435 shall be known and may be cited as the "Missouri Water Resource Law", in recognition of the significance of the conservation, development and appropriate use of water resources in Missouri.

2.The department shall ensure that the quality and quantity of the water resources of the state are maintained at the highest level practicable to support present and future beneficial uses.The department shall inventory, monitor and protect the available water resources in order to maintain water quality, protect the public health, safety and general and economic welfare.

(L. 1989 S.B. 112, et al. § 1)

640.100 - Commission, duties, promulgate rules — political subdivisions may set certain additional standards — certain departments test water supply, when — fees, amount — federal compliance — customer fees, effective, when.

1.The safe drinking water commission created in section 640.105 shall promulgate rules necessary for the implementation, administration and enforcement of sections 640.100 to 640.140 and the federal Safe Drinking Water Act as amended.

2.No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held by the commission after at least thirty days' prior notice in the manner prescribed by the rulemaking provisions of chapter 536 and an opportunity given to the public to be heard; the commission may solicit the views, in writing, of persons who may be affected by, knowledgeable about, or interested in proposed rules and regulations, or standards.Any person heard or registered at the hearing, or making written request for notice, shall be given written notice of the action of the commission with respect to the subject thereof.Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated to administer and enforce sections 640.100 to 640.140 shall become effective only if the agency has fully complied with all of the requirements of chapter 536, including but not limited to section 536.028, if applicable, after June 9, 1998.All rulemaking authority delegated prior to June 9, 1998, is of no force and effect and repealed as of June 9, 1998, however, nothing in this section shall be interpreted to repeal or affect the validity of any rule adopted or promulgated prior to June 9, 1998.If the provisions of section 536.028 apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this chapter or chapter 644 shall affect the validity of any rule adopted and promulgated prior to June 9, 1998.

3.The commission shall promulgate rules and regulations for the certification of public water system operators, backflow prevention assembly testers and laboratories conducting tests pursuant to sections 640.100 to 640.140.Any person seeking to be a certified backflow prevention assembly tester shall satisfactorily complete standard, nationally recognized written and performance examinations designed to ensure that the person is competent to determine if the assembly is functioning within its design specifications.Any such state certification shall satisfy any need for local certification as a backflow prevention assembly tester.However, political subdivisions may set additional testing standards for individuals who are seeking to be certified as backflow prevention assembly testers.Notwithstanding any other provision of law to the contrary, agencies of the state or its political subdivisions shall only require carbonated beverage dispensers to conform to the backflow protection requirements established in the National Sanitation Foundation standard eighteen, and the dispensers shall be so listed by an independent testing laboratory.The commission shall promulgate rules and regulations for collection of samples and analysis of water furnished by municipalities, corporations, companies, state establishments, federal establishments or individuals to the public.The department of natural resources or the department of health and senior services shall, at the request of any supplier, make any analyses or tests required pursuant to the terms of section 192.320 and sections 640.100 to 640.140.The department shall collect fees to cover the reasonable cost of laboratory services, both within the department of natural resources and the department of health and senior services, laboratory certification and program administration as required by sections 640.100 to 640.140.The laboratory services and program administration fees pursuant to this subsection shall not exceed two hundred dollars for a supplier supplying less than four thousand one hundred service connections, three hundred dollars for supplying less than seven thousand six hundred service connections, five hundred dollars for supplying seven thousand six hundred or more service connections, and five hundred dollars for testing surface water.Such fees shall be deposited in the safe drinking water fund as specified in section 640.110.The analysis of all drinking water required by section 192.320 and sections 640.100 to 640.140 shall be made by the department of natural resources laboratories, department of health and senior services laboratories or laboratories certified by the department of natural resources.

4.The department of natural resources shall establish and maintain an inventory of public water supplies and conduct sanitary surveys of public water systems.Such records shall be available for public inspection during regular business hours.

5.(1)For the purpose of complying with federal requirements for maintaining the primacy of state enforcement of the federal Safe Drinking Water Act, the department is hereby directed to request appropriations from the general revenue fund and all other appropriate sources to fund the activities of the public drinking water program and in addition to the fees authorized pursuant to subsection 3 of this section, an annual fee for each customer service connection with a public water system is hereby authorized to be imposed upon all customers of public water systems in this state.Each customer of a public water system shall pay an annual fee for each customer service connection.

(2)The annual fee per customer service connection for unmetered customers and customers with meters not greater than one inch in size shall be based upon the number of service connections in the water system serving that customer, and shall not exceed:

1 to 1,000 connections$ 3.24
1,001 to 4,000 connections3.00
4,001 to 7,000 connections2.76
7,001 to 10,000 connections2.40
10,001 to 20,000 connections2.16
20,001 to 35,000 connections1.92
35,001 to 50,000 connections1.56
50,001 to 100,000 connections1.32
More than 100,000 connections1.08

(3)The annual user fee for customers having meters greater than one inch but less than or equal to two inches in size shall not exceed seven dollars and forty-four cents; for customers with meters greater than two inches but less than or equal to four inches in size shall not exceed forty-one dollars and sixteen cents; and for customers with meters greater than four inches in size shall not exceed eighty-two dollars and forty-four cents.

(4)Customers served by multiple connections shall pay an annual user fee based on the above rates for each connection, except that no single facility served by multiple connections shall pay a total of more than five hundred dollars per year.

6.Fees imposed pursuant to subsection 5 of this section shall become effective on August 28, 2006, and shall be collected by the public water system serving the customer beginning September 1, 2006, and continuing until such time that the safe drinking water commission, at its discretion, specifies a different amount under subsection 8 of this section.The commission shall promulgate rules and regulations on the procedures for billing, collection and delinquent payment.Fees collected by a public water system pursuant to subsection 5 of this section and fees established by the commission pursuant to subsection 8 of this section are state fees.The annual fee shall be enumerated separately from all other charges, and shall be collected in monthly, quarterly or annual increments.Such fees shall be transferred to the director of the department of revenue at frequencies not less than quarterly.Two percent of the revenue arising from the fees shall be retained by the public water system for the purpose of reimbursing its expenses for billing and collection of such fees.

7.Imposition and collection of the fees authorized in subsection 5 and fees established by the commission pursuant to subsection 8 of this section shall be suspended on the first day of a calendar quarter if, during the preceding calendar quarter, the federally delegated authority granted to the safe drinking water program within the department of natural resources to administer the Safe Drinking Water Act, 42 U.S.C. Section 300g-2, is withdrawn.The fee shall not be reinstated until the first day of the calendar quarter following the quarter during which such delegated authority is reinstated.

*8.Notwithstanding any statutory fee amounts or maximums to the contrary, the department of natural resources may conduct a comprehensive review and propose changes to the fee structure set forth in this section.The comprehensive review shall include stakeholder meetings in order to solicit stakeholder input from public and private water suppliers, and any other interested parties.Upon completion of the comprehensive review, the department shall submit a proposed fee structure with stakeholder agreement to the safe drinking water commission.The commission shall review such recommendations at a forthcoming regular or special meeting, but shall not vote on the fee structure until a subsequent meeting.If the commission approves, by vote of two-thirds majority or six of nine commissioners, the fee structure recommendations, the commission shall authorize the department to file a notice of proposed rulemaking containing the recommended fee structure, and after considering public comments may authorize the department to file the final order of rulemaking for such rule with the joint committee on administrative rules pursuant to sections 536.021 and 536.024 no later than December first of the same year.If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the following calendar year, at which point the existing fee structure shall expire.Any regulation promulgated under this subsection shall be deemed to be beyond the scope and authority provided in this subsection, or detrimental to permit applicants, if the general assembly within the first sixty calendar days of the regular session immediately following the filing of such regulation disapproves the regulation by concurrent resolution.If the general assembly so disapproves any regulation filed under this subsection, the department and the commission shall not implement the proposed fee structure and shall continue to use the previous fee structure.The authority of the commission to further revise the fee structure as provided by this subsection shall expire on August 28, 2024.

(RSMo 1939 § 9751, A.L. 1978 S.B. 509 § 192.180, A.L. 1981 S.B. 200 merged with S.B. 204, A.L. 1982 S.B. 575, A.L. 1988 H.B. 1242 Revision, A.L. 1989 S.B. 112, et al., A.L. 1992 H.B. 1393, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1996 H.B. 1260 merged with S.B. 598, A.L. 1998 H.B. 1161, A.L. 1999 S.B. 160 & 82, A.L. 2002 S.B. 984 & 985, A.L. 2006 H.B. 1149, A.L. 2012 H.B. 1251, A.L. 2014 S.B. 642)

Prior revisions: 1929 § 9031; 1919 § 5787

*Authority to revise fee structure expires 8-28-24.

(1996)State cannot require municipality to pay for water test under Art X, Section 21.Missouri Municipal League v. State, 932 S.W.2d 400 (Mo.banc).

640.155 - Energy information, defined — confidentiality — penalty for disclosure.

1.Any energy information which is voluntarily reported or conveyed to the department of economic development or the Missouri department of natural resources shall be considered confidential and shall be exempt upon written request and for a specific period to be determined by mutual consent from public disclosure that would reveal information traceable to a private firm, partnership, public corporation, or individual.

2.As used in this section, the term "energy information" includes that information received in whatever form on the fuel reserves, exploration, extraction, production, refining, distribution, consumption, costs, prices, capital investments, and other matters directly related to a private firm, partnership, public corporation, or individual.

3.In addition to any other penalty provided by law, any officer or employee of the department of natural resources or the department of economic development who, in violation of the provisions of this section, divulges any information considered confidential under this section shall be guilty of a class A misdemeanor, and such divulgence shall be grounds for the summary dismissal of such officer or employee, other provisions of law notwithstanding.

(L. 1980 H.B. 1180 § 1, A.L. 2018 S.B. 975 & 1024 Revision)

640.651 - Definitions.

As used in sections 640.651 to 640.686, the following terms mean:

(1)"Applicant", any school, hospital, small business, local government or other energy-using sector or entity authorized by the department through administrative rule, which submits an application for loans on financial assistance to the department;

(2)"Application cycle", the period of time each year, as determined by the department, that the department shall accept and receive applications seeking loans or financial assistance under the provisions of sections 640.651 to 640.686;

(3)"Authority", the environmental improvement and energy resources authority;

(4)"Borrower", a recipient of loan or other financial assistance program funds subsequent to the execution of loan or financial assistance documents with the department or other applicable parties provided that a building owned by the state or an agency thereof other than a state college or state university, shall not be eligible for loans or financial assistance pursuant to sections 640.651 to 640.686;

(5)"Building", including initial installation in a new building, any applicant-owned and -operated structure, group of closely situated structural units that are centrally metered or served by a central utility plant, or an eligible portion thereof, which includes a heating or cooling system, or both;

(6)"Department", the department of economic development;

(7)"Energy conservation loan account", an account to be established on the books of a borrower for purposes of tracking information related to the receipt or expenditure of the loan funds or financial assistance, and to be used to receive and remit energy cost savings for purposes of making payments on the loan or financial assistance;

(8)"Energy conservation measure" or "ECM", an installation or modification of an installation in a building or replacement or modification to an energy-consuming process or system which is primarily intended to maintain or reduce energy consumption and reduce energy costs, or allow the use of an alternative or renewable energy source;

(9)"Energy conservation project" or "project", the design, acquisition, installation, and implementation of one or more energy conservation measures;

(10)"Energy cost savings" or "savings", the value, in terms of dollars, that has or is estimated to accrue from energy savings or avoided costs due to implementation of an energy conservation project;

(11)"Estimated simple payback", the estimated cost of a project divided by the estimated energy cost savings;

(12)"Fund", the energy set-aside program fund established in section 640.665;

(13)"Hospital", a facility as defined in subsection 2 of section 197.020, including any medical treatment or related facility controlled by a hospital board;

(14)"Hospital board", the board of directors having general control of the property and affairs of the hospital facility;

(15)"Loan agreement", a document agreed to by the borrower's school, hospital or corporate board, principals of a business, the governing body of a local government or other authorized officials and the department or other applicable parties and signed by the authorized official thereof, that details all terms and requirements under which the loan is issued or other financial assistance granted, and describes the terms under which the loan or financial assistance repayment shall be made;

(16)"Payback score", a numeric value derived from the review of an application, calculated as prescribed by the department, which may include an estimated simple payback or life-cycle costing method of economic analysis and used solely for purposes of ranking applications for the selection of loan and financial assistance recipients within the balance of program funds available;

(17)"Project cost", all costs determined by the department to be directly related to the implementation of an energy conservation project, and, for initial installation in a new building, shall include the incremental cost of a high-efficiency system;

(18)"School", an institution operated by a state college or state university, public agency, political subdivision or a public or private nonprofit organization tax exempt under Section 501(c)(3) of the Internal Revenue Code which:

(a)Provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis;

(b)Provides and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis; admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate; is accredited by a nationally recognized accrediting agency or association; and provides an educational program for which it awards a bachelor's degree or higher degree or provides not less than a two-year program which is acceptable for full credit toward such a degree at any institution which meets the preceding requirements and which provides such a program; or

(c)Provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation; provides and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis; admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate; and is accredited by a nationally recognized accrediting agency or association;

(19)"School board", the board of education having general control of the property and affairs of any school as defined in this section;

(20)"Technical assistance report", a specialized engineering report that identifies and specifies the quantity of energy savings and related energy cost savings that are likely to result from the implementation of one or more energy conservation measures;

(21)"Unobligated balance", that amount in the fund that has not been dedicated to any projects at the end of each state fiscal year.

(L. 1995 H.B. 414, A.L. 2002 S.B. 810, A.L. 2018 S.B. 975 & 1024 Revision)

640.755 - Rulemaking, procedure — clean water commission to administer.

1.No rule or portion of a rule promulgated under the authority of sections 640.700 to 640.755 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

2.Sections 640.700 to 640.755 shall be administered by the clean water commission pursuant to the provisions and requirements of chapter 644.