Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute | Chapter 640 Department Of Natural Resources

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 decisions shall be subject to appeal to the board or commission on
request of the board or commission or by affected parties. 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 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, RSMo, 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, RSMo, and others, the
clean water commission, chapter 204, RSMo, 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, RSMo, 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, RSMo, 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 appointment, a significant portion of his
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, RSMo, 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, RSMo, 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, RSMo, and others, are transferred by type I transfer to the
department of natural resources. All the powers, duties and functions of
the state land survey authority, chapter 60, RSMo, are transferred to the
department of natural resources by type I transfer and the authority is
abolished. All the powers, duties and functions of the state oil and gas
council, chapter 259, RSMo, 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, RSMo, 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.

8. (1) The state interagency council for outdoor recreation, chapter 258,
RSMo, is transferred to the department of natural resources by type II
transfer. The council shall consist of representatives of the following
state agencies: department of agriculture; department of conservation;
office of administration; department of natural resources; department of
economic development; department of social services; department of
transportation; and the University of Missouri.

(2) The council shall function as provided in chapter 258, RSMo, except
that the department of natural resources shall provide all staff services
as required by the council notwithstanding the provisions of sections
258.030 and 258.040**, RSMo, and all personnel and property of the
council are hereby transferred by type I transfer to the department of
natural resources and the office of executive secretary to the council is
abolished. (L. 1973 1st Ex. Sess. S.B. 1 § 10, A.L. 1995 S.B. 65)

*Transferred 1986; formerly section 10, Reorganization Act of 1974

**Section 258.040 was repealed by H.B. 68 § 1 Revision, 1983.

In all matters heard by the department of natural resources in
this chapter and chapters 260, 278, 444, 643, and 644, RSMo, the
hazardous waste management commission in chapter 260, RSMo, the state
soil and water districts commission in chapter 278, RSMo, the land
reclamation commission in chapter 444, RSMo, the safe drinking water
commission in this chapter, the air conservation commission in chapter
643, RSMo, and the clean water commission in chapter 644, RSMo, the
burden of proof shall be upon the department of natural resources or the
commission that issued 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)

All authority to hear appeals granted in this chapter and
chapters 260, 444, 643, and 644, RSMo, and to the hazardous waste
management commission in chapter 260, RSMo, the land reclamation
commission in chapter 444, RSMo, the safe drinking water commission in
this chapter, the air conservation commission in chapter 643, RSMo, and
the clean water commission in chapter 644, RSMo, shall be transferred to
the administrative hearing commission under chapter 621, RSMo. The
authority to render final decisions after hearing on appeals heard by the
administrative hearing commission shall remain with the commissions
listed in this subsection. (L. 2005 H.B. 824)

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, RSMo, the hazardous waste management
commission in chapter 260, RSMo, the state soil and water districts
commission in chapter 278, RSMo, the land reclamation commission in
chapter 444, RSMo, the safe drinking water commission in this chapter,
the air conservation commission in chapter 643, RSMo, and the clean water
commission in chapter 644, RSMo, 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,
RSMo, with an average circulation of twenty thousand or more and on the
department, board, or commission web site 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 web site. 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, RSMo.

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)

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, RSMo, the hazardous waste management
commission in chapter 260, RSMo, the state soil and water districts
commission in chapter 278, RSMo, the land reclamation commission in
chapter 444, RSMo, the safe drinking water commission in this chapter,
the air conservation commission in chapter 643, RSMo, and the clean water
commission in chapter 644, RSMo, 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)

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, RSMo, or sections 620.552 to
620.574, RSMo, 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)

Revisor's note: Original rolls contain an expiration date of 12-31-92 for
this section which was a typographical error.

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)

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 6-9-98

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, RSMo.

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,
RSMo, 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)

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 document
services fund created in section 60.595, RSMo. (L. 1967 p. 366 § 1, A.L.
1986 H.B. 1467)

*Transferred 1978; formerly 255.036

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, RSMo;

(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)

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, RSMo, 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, RSMo, 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, RSMo, including but not limited to, section 536.028, RSMo,
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, RSMo, apply, the
provisions of this section are nonseverable and if any of the powers
vested with the general assembly pursuant to section 536.028, RSMo, 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, RSMo, 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,
RSMo, 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,
RSMo, 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. The fees collected shall not exceed the amounts
specified in this subsection and the commission may set the fees, by
rule, in a lower amount by proportionally reducing all fees charged
pursuant to this subsection from the specified maximum amounts. 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 .............................. $2.00

1,001 to 4,000 connections .......................... 1.84

4,001 to 7,000 connections .......................... 1.67

7,001 to 10,000 connections ......................... 1.50

10,001 to 20,000 connections ........................ 1.34

20,001 to 35,000 connections ........................ 1.17

35,001 to 50,000 connections ........................ 1.00

50,001 to 100,000 connections ....................... .84

More than 100,000 connections ....................... .66.

(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 five
dollars; for customers with meters greater than two inches but less than
or equal to four inches in size shall not exceed twenty-five dollars; and
for customers with meters greater than four inches in size shall not
exceed fifty dollars.

(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, 1992, and shall be collected by the public water
system serving the customer. 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 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 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. 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. Fees imposed pursuant to subsection 5 of this section shall expire on
September 1, 2007. (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)

Prior revisions: 1929 § 9031; 1919 § 5787

*Transferred 1978; formerly 192.180

**Fees imposed by this subsection expire 9-1-07

(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 1996).

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 6-9-98

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)

1. There is hereby established, as a subfund of the water and
wastewater fund established in section 644.122, RSMo, 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.

2. The commission shall, consistent with the requirements of the federal
Safe Drinking Water Act 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 people 20%

3,301 - 9,999 people 15%

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. (L. 1998 H.B. 1161)

Effective 6-9-98

*Word "Environment" appears in original rolls.

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, RSMo, 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, RSMo, 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,
RSMo, 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

*Transferred 1978; formerly 192.190. See also ** note following § 640.010.

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 reapply for a permit in accordance with rules
promulgated by the commission. (RSMo 1939 § 9753, A. 1949 S.B. 1051, A.L.
1978 S.B. 509 § 192.200, A.L. 1998 H.B. 1161)

Prior revisions: 1929 § 9033; 1919 § 5789

Effective 6-9-98

*Transferred 1978; formerly 192.200

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 6-9-98

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, RSMo, 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, RSMo, 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 6-9-98

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, RSMo, 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, RSMo, and sections
640.100 to 640.140, the rules promulgated pursuant to section 192.320,
RSMo, and sections 640.100 to 640.140 and the orders of the department of
natural resources issued pursuant to section 192.320, RSMo, 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, RSMo,
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 6-9-98

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, RSMo, 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 6-9-98

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)

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 6-9-98

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, RSMo, 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)

1. The department of natural resources shall be vested with the
powers and duties prescribed by law and shall have the power to carry out
the following activities:

(1) Assessing the impact of national energy policies on this state's
supply and use of energy and this state's public health, safety and
welfare;

(2) Consulting and cooperating with all state and federal governmental
agencies, departments, boards and commissions and all other interested
agencies and institutions, governmental and nongovernmental, public and
private, on matters of energy research and development, management,
conservation and distribution;

(3) The monitoring and analyzing of all federal, state, local and
voluntarily disclosed private sector energy research projects and
voluntarily disclosed private sector energy related data and information
concerning supply and consumption, in order to plan for the future energy
needs of this state. All information gathered shall be maintained,
revised and updated as an aid to any interested person, foundation or
other organization, public or private;

(4) Analyzing the potential for increased utilization of coal, nuclear,
solar, resource recovery and reuse, energy efficient technologies and
other energy alternatives, and making recommendations for the expanded
use of alternate energy sources and technologies;

(5) The development and promotion of state energy conservation programs,
including:

(a) Public education and information in energy related areas;

(b) Developing energy efficiency standards for agricultural and
industrial energy use and for new and existing buildings, to be promoted
through technical assistance efforts by cooperative arrangements with
interested public, business and civic groups and by cooperating with
political subdivisions of this state;

(c) Preparing plans for reducing energy use in the event of an energy or
other resource supply emergency.

2. No funds shall be expended to implement the provisions of this section
until funds are specifically appropriated for that purpose. (L. 1979 H.B.
72 § 1)

1. Any energy information which is voluntarily reported or
conveyed to 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 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)

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, RSMo. The water pollution permit fee revenues
generated through sections 644.052, 644.053, 644.054 and 644.061, RSMo,
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, RSMo.

2. Effective July 1, 1991, the provisions of section 33.080, RSMo, 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)

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, RSMo, 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, RSMo, 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, RSMo, 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)

1. There is hereby established within the division of
environmental quality a "Minority and Underrepresented Environmental
Literacy Program". The department of natural resources, hereafter
referred to as the department, may award scholarships to minority and
underrepresented students to pursue environmentally related courses of
study. The scholarships shall be administered by the division of
environmental quality recruitment and retention program under the
supervision of the minority environmental literacy advisory committee
established under this section. Those ethnic groups which are most
severely underrepresented, as determined by data gathered and maintained
by the National Academy of Sciences, shall receive priority in annual
selection.

2. For the purpose of increasing the number of minority and
underrepresented students, as determined by the National Academy of
Sciences, who are enrolled in environmentally related courses of study,
there is hereby created a "Recruitment and Retention Scholarship Fund".
Any unexpended balance in the recruitment and retention scholarship fund
shall not be subject to biennial transfer pursuant to the provisions of
section 33.080, RSMo. All interest earned on funds in the recruitment and
retention scholarship fund shall accrue to the fund.

3. The general assembly may appropriate funds to the department for the
purpose of funding scholarships as authorized by this section. Such funds
shall be from general revenue, special fees administered by the
department, federal funding sources, gifts or donations, provided that
such funds may be used for this purpose. All sums received for this
purpose shall be placed in the state treasury and credited to the
recruitment and retention scholarship fund.

4. The department shall accept, receive and administer grants or other
funds, gifts or donations from the public and individuals, including the
federal government, for the purpose of funding scholarships under this
section. Such funds shall be deposited in the recruitment and retention
scholarship fund.

5. The department shall promulgate rules to administer the scholarship
program, which shall include qualifications, application forms, annual
filing deadlines, and scholarship amounts.

6. The scholarship program shall be directed toward students in the
following areas of study:

(1) Engineering students pursuing undergraduate and graduate degrees in
civil, chemical, mechanical, or agricultural engineering;

(2) Environmental sciences students pursuing undergraduate and graduate
degrees in geology, biology, wildlife management, planning, natural
resources, or a closely related course of study;

(3) Chemistry students pursuing undergraduate and graduate degrees in the
field of environmental chemistry; and

(4) Law enforcement students pursuing undergraduate and graduate degrees
in environmental law enforcement.

7. There is hereby created a "Minority Environmental Literacy Advisory
Committee", hereafter referred to as the committee, to be comprised of:

(1) The director of the department of natural resources or the director's
designee, who will serve as chairperson of the committee;

(2) Three representatives of universities and colleges. The university
and college representatives shall each be appointed by the affirmative
action office of the respective institution;

(3) The commissioner of higher education or the commissioner's designee;

(4) Five at-large members appointed by the governor, with the advice and
consent of the senate, who shall be high school teachers and college
professors and who shall be selected to represent the various regions of
the state;

(5) The state affirmative action officer.

8. The committee shall meet at least annually, at a time and place to be
determined by the chairperson, to select students to receive scholarships
from applications filed with the division of environmental quality
retention and recruitment program. The members appointed by the governor
shall be reimbursed for their actual and necessary expenses.

9. Colleges and universities described in this section shall include
public community colleges. (L. 1996 S.B. 805)

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)

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,
RSMo;

(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)

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)

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)

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)

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, RSMo, sections
640.100, 640.120, and 640.400 to 640.435. (L. 1989 S.B. 112, et al. § 6)

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, RSMo, 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)

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)

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, RSMo. Upon such determination, the designation of an area as
a special water quality protection area pursuant to section 192.300,
RSMo, sections 640.100, 640.120, and 640.400 to 640.435 shall be removed.
(L. 1989 S.B. 112, et al. § 9)

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)

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)

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, RSMo.

2. The provisions of sections 640.400 to 640.435 shall not supersede the
duties imposed under this chapter and chapter 644, RSMo. (L. 1989 S.B.
112, et al. §§ 12, 13)

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 6-6-89

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)

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 6-6-89

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)

In any case, the grant shall not be in excess of one thousand
four hundred 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 1993-1994 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)

Notwithstanding any law to the contrary, all Missouri landowners
retain the right to have, use, and own private water systems and ground
source systems 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. (L. 2001
H.B. 501 § 4 merged with S.B. 462 § 1)

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 natural resources;

(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, RSMo, 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)

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 natural
resources, 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)

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)

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)

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)

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, RSMo, 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)

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)

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)

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)

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, RSMo. 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)

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)

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)

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)

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)

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)

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, RSMo 350.040

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

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

1. Prior to filing an application to acquire a construction
permit 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 a construction permit. The department shall accept
written comments from the public for thirty days after receipt of
application for construction permit.

2. The department shall not issue a 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 a 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)

Effective 6-25-96

1. The owner or operator of any flush system animal waste wet
handling facility shall employ one or more persons who shall visually
inspect the animal waste wet handling facility and lagoons for
unauthorized discharge and structural integrity at least every twelve
hours with a deviation of not to exceed three hours. 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)

Effective 6-25-96

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.

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

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, RSMo, 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) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

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

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

The department shall conduct at least one on-site inspection of
each facility quarterly. (L. 1996 H.B. 1207)

Effective 6-25-96

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, RSMo.

2. Sections 640.700 to 640.755 shall be administered by the clean water
commission pursuant to the provisions and requirements of chapter 644,
RSMo. (L. 1996 H.B. 1207, A.L. 2001 H.B. 501)

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) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

CROSS REFERENCE:

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

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