Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute

This subchapter shall be known and may be cited as the "Missouri
Clean Water Law". (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.006

Whereas the pollution of the waters of this state constitutes a
menace to public health and welfare, creates a public nuisance, is
harmful to wildlife, fish and aquatic life and impairs domestic,
agricultural, industrial, recreational and other legitimate uses of
water, and whereas the problem of water pollution in this state is
closely related to the problem of water pollution in adjoining states,
and whereas this state must possess the authority required of states in
the Federal Water Pollution Control Act as amended if it is to retain
control of its water pollution control programs, it is hereby declared to
be the public policy of this state to conserve the waters of the state
and to protect, maintain, and improve the quality thereof for public
water supplies and for domestic, agricultural, industrial, recreational
and other legitimate beneficial uses and for the propagation of wildlife,
fish and aquatic life; to provide that no waste be discharged into any
waters of the state without first receiving the necessary treatment or
other corrective action to protect the legitimate beneficial uses of such
waters and meet the requirements of the Federal Water Pollution Control
Act as amended; to provide for the prevention, abatement and control of
new or existing water pollution; and to cooperate with other agencies of
the state, agencies of other states, the federal government and any other
persons in carrying out these objectives. (L. 1972 S.B. 424, A.L. 1973
S.B. 259, S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.011

When used in sections 644.006 to 644.141 and in standards, rules
and regulations promulgated pursuant to sections 644.006 to 644.141, the
following words and phrases mean:

(1) "Aquaculture facility", a hatchery, fish farm, or other facility used
for the production of aquatic animals that is required to have a permit
pursuant to the federal Clean Water Act, as amended, 33 U.S.C. 1251 et
seq.;

(2) "Commission", the clean water commission of the state of Missouri
created in section 644.021;

(3) "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;

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

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

(6) "Discharge", the causing or permitting of one or more water
contaminants to enter the waters of the state;

(7) "Effluent control regulations", limitations on the discharge of water
contaminants;

(8) "General permit", a permit written with a standard group of
conditions and with applicability intended for a designated category of
water contaminant sources that have the same or similar operations,
discharges and geographical locations, and that require the same or
similar monitoring, and that would be more appropriately controlled
pursuant to a general permit rather than pursuant to a site-specific
permit;

(9) "Human sewage", human excreta and wastewater, including bath and
toilet waste, residential laundry waste, residential kitchen waste, and
other similar waste from household or establishment appurtenances;

(10) "Income" includes retirement benefits, consultant fees, and stock
dividends;

(11) "Minor violation", a violation which possesses a small potential to
harm the environment or human health or cause pollution, was not
knowingly committed, and is not defined by the United States
Environmental Protection Agency as other than minor;

(12) "Permit by rule", a permit granted by rule, not by a paper
certificate, and conditioned by the permit holder's compliance with
commission rules;

(13) "Permit holders or applicants for a permit" shall not include
officials or employees who work full time for any department or agency of
the state of Missouri;

(14) "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
whatever which is recognized by law as the subject of rights and duties;

(15) "Point source", any discernible, confined and discrete conveyance,
including but not limited to any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, or vessel or other floating craft, from which
pollutants are or may be discharged;

(16) "Pollution", such contamination or other alteration of the physical,
chemical or biological properties of any waters of the state, including
change in temperature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive, or other
substance into any waters of the state as will or is reasonably certain
to create a nuisance or render such waters harmful, detrimental or
injurious to public health, safety or welfare, or to domestic,
industrial, agricultural, recreational, or other legitimate beneficial
uses, or to wild animals, birds, fish or other aquatic life;

(17) "Pretreatment regulations", limitations on the introduction of
pollutants or water contaminants into publicly owned treatment works or
facilities which the commission determines are not susceptible to
treatment by such works or facilities or which would interfere with their
operation, except that wastes as determined compatible for treatment
pursuant to any federal water pollution control act or guidelines shall
be limited or treated pursuant to this chapter only as required by such
act or guidelines;

(18) "Residential housing development", any land which is divided or
proposed to be divided into three or more lots, whether contiguous or
not, for the purpose of sale or lease as part of a common promotional
plan for residential housing;

(19) "Sewer system", pipelines or conduits, pumping stations, and force
mains, and all other structures, devices, appurtenances and facilities
used for collecting or conducting wastes to an ultimate point for
treatment or handling;

(20) "Significant portion of his or her income" shall mean ten percent of
gross personal income for a calendar year, except that it shall mean
fifty percent of gross personal income for a calendar year if the
recipient is over sixty years of age, and is receiving such portion
pursuant to retirement, pension, or similar arrangement;

(21) "Site-specific permit", a permit written for discharges emitted from
a single water contaminant source and containing specific conditions,
monitoring requirements and effluent limits to control such discharges;

(22) "Treatment facilities", any method, process, or equipment which
removes, reduces, or renders less obnoxious water contaminants released
from any source;

(23) "Water contaminant", any particulate matter or solid matter or
liquid or any gas or vapor or any combination thereof, or any temperature
change which is in or enters any waters of the state either directly or
indirectly by surface runoff, by sewer, by subsurface seepage or
otherwise, which causes or would cause pollution upon entering waters of
the state, or which violates or exceeds any of the standards, regulations
or limitations set forth in sections 644.006 to 644.141 or any federal
water pollution control act, or is included in the definition of
pollutant in such federal act;

(24) "Water contaminant source", the point or points of discharge from a
single tract of property on which is located any installation, operation
or condition which includes any point source defined in sections 644.006
to 644.141 and nonpoint source pursuant to any federal water pollution
control act, which causes or permits a water contaminant therefrom to
enter waters of the state either directly or indirectly;

(25) "Water quality standards", specified concentrations and durations of
water contaminants which reflect the relationship of the intensity and
composition of water contaminants to potential undesirable effects;

(26) "Waters of the state", all rivers, streams, lakes and other bodies
of surface and subsurface water lying within or forming a part of the
boundaries of the state which are not entirely confined and located
completely upon lands owned, leased or otherwise controlled by a single
person or by two or more persons jointly or as tenants in common and
includes waters of the United States lying within the state. (L. 1972
S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1993 S.B. 80, et al., A.L.
2000 S.B. 741, A.L. 2002 S.B. 984 & 985)

*Transferred 1986; formerly 204.016

(1978) Held, discharging water with a low oxygen level does not
constitute either "pollution" or "contamination" since both require the
addition of contaminants or pollutants. State ex rel. Ashcroft v. Union
Electric Co. (A.), 559 S.W.2d 216.

In any contested case or judicial proceeding filed after January
1, 1998, involving surface water in any flood-prone area, if any
defendant has obtained and fully complied with a permit from a political
subdivision which has enacted orders or ordinances as required by the
Federal Emergency Management Agency as a prerequisite to participation in
the National Flood Insurance Program, and which political subdivision has
jurisdiction, pursuant to the zoning laws of this state or the laws and
regulations of the Federal Emergency Management Agency, over the area in
dispute, then the proper permitting and compliance with all conditions of
such permitting of such project shall be conclusive proof that the
project is a reasonable use and meets any reasonable-use test imposed by
law or by a court. (L. 1998 H.B. 1161)

Effective 6-9-98

1. There is hereby created a water contaminant control agency to
be known as the "Clean Water Commission of the State of Missouri", whose
domicile for the purposes of sections 644.006 to 644.141 shall be deemed
to be that of the department of natural resources. The commission shall
consist of seven members appointed by the governor with the advice and
consent of the senate. No more than three of the members shall belong to
the same political party. All members shall be representative of the
general interest of the public and shall have an interest in and
knowledge of conservation and the effects and control of water
contaminants. Two such members, but no more than two, shall be
knowledgeable concerning the needs of agriculture, industry or mining and
interested in protecting these needs in a manner consistent with the
purposes of sections 644.006 to 644.141. One such member shall be
knowledgeable concerning the needs of publicly owned wastewater treatment
works. Four members shall represent the public. No member shall receive,
or have received during the previous two years, a significant portion of
his or her income directly or indirectly from permit holders or
applicants for a permit pursuant to any federal water pollution control
act as amended and as applicable to this state. All members appointed on
or after August 28, 2002, shall have demonstrated an interest and
knowledge about water quality. All members appointed on or after August
28, 2002, shall be qualified by interest, education, training or
experience to provide, assess and evaluate scientific and technical
information concerning water quality, financial requirements and the
effects of the promulgation of standards, rules and regulations. 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.

2. The members' terms of office shall be four years and until their
successors are selected and qualified. Provided, however, that the first
three members appointed shall serve a term of two years, the next three
members appointed 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 any appointed member may serve. If a
vacancy occurs the governor may appoint a member for the remaining
portion of the unexpired term created by the vacancy. The governor may
remove any appointed member for cause. The members of the commission
shall be reimbursed for travel and other expenses actually and
necessarily incurred in the performance of their duties.

3. The commission shall hold at least four regular meetings each year and
such additional meetings as the chairman deems desirable at a place and
time to be fixed by the chairman. Special meetings may be called by three
members of the commission upon delivery of written notice to each member
of the commission. Reasonable written notice of all meetings shall be
given by the director to all members of the commission. Four members of
the commission shall constitute a quorum. All powers and duties conferred
specifically upon members of the commission shall be exercised personally
by the members and not by alternates or representatives. All actions of
the commission shall be taken at meetings open to the public. Any member
absent from six consecutive regular commission meetings for any cause
whatsoever shall be deemed to have resigned and the vacancy shall be
filled immediately in accordance with subsection 1 of this section. (L.
1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741, A.L.
2002 S.B. 708)

*Transferred 1986; formerly 204.021

CROSS REFERENCE: Commissioner's appointment prohibited if the
commissioner has received income from permit holders or applicants for
permit under jurisdiction of clean water commission within two years,
RSMo 640.010

1. The commission shall:

(1) Exercise general supervision of the administration and enforcement of
sections 644.006 to 644.141 and all rules and regulations and orders
promulgated thereunder;

(2) Develop comprehensive plans and programs for the prevention, control
and abatement of new or existing pollution of the waters of the state;

(3) Advise, consult, and cooperate with other agencies of the state, the
federal government, other states and interstate agencies, and with
affected groups, political subdivisions and industries in furtherance of
the purposes of sections 644.006 to 644.141;

(4) Accept gifts, contributions, donations, loans and grants from the
federal government and from other sources, public or private, for
carrying out any of its functions, which funds shall not be expended for
other than the purposes for which provided;

(5) Encourage, participate in, or conduct studies, investigations, and
research and demonstrations relating to water pollution and causes,
prevention, control and abatement thereof as it may deem advisable and
necessary for the discharge of its duties pursuant to sections 644.006 to
644.141;

(6) Collect and disseminate information relating to water pollution and
the prevention, control and abatement thereof;

(7) After holding public hearings, identify waters of the state and
prescribe water quality standards for them, giving due recognition to
variations, if any, and the characteristics of different waters of the
state which may be deemed by the commission to be relevant insofar as
possible pursuant to any federal water pollution control act. These shall
be reevaluated and modified as required by any federal water pollution
control act;

(8) Adopt, amend, promulgate, or repeal after due notice and hearing,
rules and regulations to enforce, implement, and effectuate the powers
and duties of sections 644.006 to 644.141 and any required of this state
by any federal water pollution control act, and as the commission may
deem necessary to prevent, control and abate existing or potential
pollution;

(9) Issue, modify or revoke orders prohibiting or abating discharges of
water contaminants into the waters of the state or adopting other
remedial measures to prevent, control or abate pollution;

(10) Administer state and federal grants and loans to municipalities and
political subdivisions for the planning and construction of sewage
treatment works;

(11) Hold such hearings, issue such notices of hearings and subpoenas
requiring the attendance of such witnesses and the production of such
evidence, administer such oaths, and take such testimony as the
commission deems necessary or as required by any federal water pollution
control act. Any of these powers may be exercised on behalf of the
commission by any members thereof or a hearing officer designated by it;

(12) Require the prior submission of plans and specifications, or other
data including the quantity and types of water contaminants, and inspect
the construction of treatment facilities and sewer systems or any part
thereof in connection with the issuance of such permits or approval as
are required by sections 644.006 to 644.141, except that manholes and
polyvinyl chloride (PVC) pipe used for gravity sewers and with a diameter
no greater than twenty-seven inches shall not be required to be tested
for leakage;

(13) Issue, continue in effect, revoke, modify or deny, under such
conditions as it may prescribe, to prevent, control or abate pollution or
any violations of sections 644.006 to 644.141 or any federal water
pollution control act, permits for the discharge of water contaminants
into the waters of this state, and for the installation, modification or
operation of treatment facilities, sewer systems or any parts thereof.
Such permit conditions, in addition to all other requirements of this
subdivision, shall ensure compliance with all effluent regulations or
limitations, water quality related effluent limitations, national
standards of performance and toxic and pretreatment effluent standards,
and all requirements and time schedules thereunder as established by
sections 644.006 to 644.141 and any federal water pollution control act;
however, no permit shall be required of any person for any emission into
publicly owned treatment facilities or into publicly owned sewer systems
tributary to publicly owned treatment works;

(14) Establish permits by rule. Such permits shall only be available for
those facilities or classes of facilities that control potential water
contaminants that pose a reduced threat to public health or the
environment and that are in compliance with commission water quality
standards rules, effluent rules or rules establishing permits by rule.
Such permits by rule shall have the same legal standing as other permits
issued pursuant to this chapter. Nothing in this section shall prohibit
the commission from requiring a site-specific permit or a general permit
for individual facilities;

(15) Require proper maintenance and operation of treatment facilities and
sewer systems and proper disposal of residual waste from all such
facilities and systems;

(16) Exercise all incidental powers necessary to carry out the purposes
of sections 644.006 to 644.141, assure that the state of Missouri
complies with any federal water pollution control act, retains maximum
control thereunder and receives all desired federal grants, aid and
benefits;

(17) Establish effluent and pretreatment and toxic material control
regulations to further the purposes of sections 644.006 to 644.141 and as
required to ensure compliance with all effluent limitations, water
quality- related effluent limitations, national standards of performance
and toxic and pretreatment effluent standards, and all requirements and
any time schedules thereunder, as established by any federal water
pollution control act for point sources in this state, and where
necessary to prevent violation of water quality standards of this state;

(18) Prohibit all discharges of radiological, chemical, or biological
warfare agent or high-level radioactive waste into waters of this state;

(19) Require that all publicly owned treatment works or facilities which
receive or have received grants or loans from the state or the federal
government for construction or improvement make all charges required by
sections 644.006 to 644.141 or any federal water pollution control act
for use and recovery of capital costs, and the operating authority for
such works or facility is hereby authorized to make any such charges;

(20) Represent the state of Missouri in all matters pertaining to
interstate water pollution including the negotiation of interstate
compacts or agreements;

(21) Develop such facts and make such investigations as are consistent
with the purposes of sections 644.006 to 644.141, and, in connection
therewith, to enter or authorize any representative of the commission to
enter at all reasonable times and upon reasonable notice in or upon any
private or public property for any purpose required by any federal water
pollution control act or sections 644.006 to 644.141 for the purpose of
developing rules, regulations, limitations, standards, or permit
conditions, or inspecting or investigating any records required to be
kept by sections 644.006 to 644.141 or any permit issued pursuant to
sections 644.006 to 644.141, any condition which the commission or
director has probable cause to believe to be a water contaminant source
or the site of any suspected violation of sections 644.006 to 644.141,
regulations, standards, or limitations, or permits issued pursuant to
sections 644.006 to 644.141. The results of any such investigation shall
be reduced to writing, and shall be furnished to the owner or operator of
the property. No person shall refuse entry or access, requested for the
purposes of inspection pursuant to this subdivision, to an authorized
representative in carrying out the inspection. 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 for the purpose of enabling him or her
to make such inspection. Information obtained pursuant to this section
shall be available to the public unless it constitutes trade secrets or
confidential information, other than effluent data, of the person from
whom it is obtained, except when disclosure is required pursuant to any
federal water pollution control act;

(22) Retain, employ, provide for, and compensate, within appropriations
available therefor, such consultants, assistants, deputies, clerks and
other employees on a full- or part-time basis as may be necessary to
carry out the provisions of sections 644.006 to 644.141 and prescribe the
times at which they shall be appointed and their powers and duties;

(23) Secure necessary scientific, technical, administrative and operation
services, including laboratory facilities, by contract or otherwise, with
any educational institution, experiment station, or any board,
department, or other agency of any political subdivision of the state or
the federal government;

(24) Require persons owning or engaged in operations which do or could
discharge water contaminants, or introduce water contaminants or
pollutants of a quality and quantity to be established by the commission,
into any publicly owned treatment works or facility, to provide and
maintain any facilities and conduct any tests and monitoring necessary to
establish and maintain records and to file reports containing information
relating to measures to prevent, lessen or render any discharge less
harmful or relating to rate, period, composition, temperature, and
quality and quantity of the effluent, and any other information required
by any federal water pollution control act or the director, and to make
them public, except as provided in subdivision (21) of this section. The
commission shall develop and adopt such procedures for inspection,
investigation, testing, sampling, monitoring and entry respecting water
contaminant and point sources as may be required for approval of such a
program pursuant to any federal water pollution control act;

(25) Take any action necessary to implement continuing planning processes
and areawide waste treatment management as established pursuant to any
federal water pollution control act or sections 644.006 to 644.141.

2. No rule or portion of a rule promulgated pursuant to this chapter
shall become effective unless it has been promulgated pursuant to chapter
536, RSMo. (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1987
H.B. 497, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2000 S.B. 741)

*Transferred 1986; formerly 204.026

CROSS REFERENCE: Additional duties and powers of commission, Chap. 256,
RSMo

Nothing in sections 644.006 through 644.150, RSMo, shall be
deemed to restrict, inhibit or otherwise deny the power of any city, town
or village, whether organized under the general law or by constitutional
or special charter, any sewer district organized under chapter 204, RSMo,
or chapter 249, RSMo, any public water supply district organized under
chapter 247, RSMo, or any other municipality, political subdivision or
district of the state which owns or operates a sewer system that provides
for the collection and treatment of sewage, to require the owners of all
houses, buildings or other facilities within a municipality, political
subdivision or district to connect to the sewer system of the
municipality, political subdivision or district when such sewer system is
available. (L. 2001 S.B. 256)

Effective 4-17-01

1. The general assembly may appropriate funds to the clean water
commission of the department of natural resources for the control of
storm water in any county of the first classification or in any city with
a population between three hundred fifty thousand and five hundred
thousand, or any city not within a county. The commission shall
administer and expend such funds in accordance with the terms of the
appropriation.

2. The commission shall administer and expend such funds in the following
manner:

(1) The funds shall be distributed based on the percentage of the
population of a county or city that is eligible pursuant to this section
in relation to the combined population of all counties and cities that
are eligible for such funds pursuant to this section, according to the
most recent federal decennial census. Participating counties or cities
must have a comprehensive storm water control plan or study approved by
the Missouri clean water commission, or a comparable study acceptable to
the U.S. Army Corps of Engineers and approved by the commission, prior to
being eligible, however, a comprehensive storm water control plan or
study prepared by any city or other political subdivision within a
participating county may be accepted by the clean water commission in
lieu of a county plan or study;

(2) The commission shall obligate all funds appropriated under this
section to qualifying political subdivisions for storm water projects or
for a comprehensive storm water control plan or study approved by the
Missouri clean water commission prior to the end of the fiscal year of
the appropriation or reappropriation. The political subdivisions
receiving assistance under this section shall award all significant
construction contracts for their projects within eighteen months of the
appropriation or reappropriation;

(3) Any funds remaining unobligated at the end of the fiscal year
together with any funds obligated for construction contracts which were
not awarded within eighteen months of the appropriation or
reappropriation shall be returned to the commission and redistributed in
accordance with this section.

3. Funds authorized by the general assembly for storm water control to an
eligible county or city may be expended for no more than one-third of the
costs of any one storm water project.

4. Other provisions of this section notwithstanding, in those cities or
counties served by a sewer district established pursuant to article VI,
section 30(a) of the Constitution of the state of Missouri, any grants or
loans awarded shall be disbursed directly to such district. (L. 1977 H.B.
492 § 1, A.L. 1989 S.B. 444, A.L. 1995 H.B. 88, A.L. 1999 H.B. 450)

*Transferred 1986; formerly 204.031

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

1. The general assembly may appropriate funds to the clean water
commission of the department of natural resources for the control of
storm water in any county of the first classification or in any city with
a population of more than four hundred thousand inhabitants, or in any
city not within a county. The commission shall administer and expend such
funds in accordance with the terms of the appropriation.

2. The commission shall administer and expend such funds in the following
manner:

(1) The funds shall be distributed based on the percentage of the
population of a county or city that is eligible pursuant to this section
in relation to the combined population of all counties and cities that
are eligible for such funds pursuant to this section, according to the
most recent federal decennial census. Participating counties or cities
must have a comprehensive storm water control plan or study approved by
the Missouri clean water commission, or a comparable study acceptable to
the U.S. Army Corps of Engineers and approved by the commission, prior to
being eligible, however, a comprehensive storm water control plan or
study prepared by any city or other political subdivision within a
participating county may be accepted by the clean water commission in
lieu of a county plan or study;

(2) The commission shall obligate all funds appropriated under this
section to qualifying political subdivisions for storm water projects or
for a comprehensive storm water control plan or study approved by the
Missouri clean water commission prior to the end of the fiscal year of
the appropriation or reappropriation. The political subdivisions
receiving assistance under this section shall award all significant
construction contracts for their projects within eighteen months of the
appropriation or reappropriation;

(3) Any funds remaining unobligated at the end of the fiscal year
together with any funds obligated for construction contracts which were
not awarded within eighteen months of the appropriation or
reappropriation shall be returned to the commission and redistributed in
accordance with this section.

3. Funds authorized by the general assembly for storm water control to an
eligible county or city may be expended for no more than one-third of the
costs of any one storm water project.

4. Notwithstanding the other provisions of this section, in those cities
or counties served by a sewer district established pursuant to article
VI, section 30(a) of the Constitution of Missouri, any grants or loans
awarded shall be disbursed directly to such district. (L. 1977 H.B. 492 §
1, A.L. 1989 S.B. 444, A.L. 1995 H.B. 88, A.L. 1999 S.B. 160 & 82)

*Transferred 1986; formerly 204.031

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

1. The governing body of any municipality or county may impose,
by ordinance or order, a sales tax in an amount not to exceed one-half of
one percent on all retail sales made in such municipality or county which
are subject to taxation under the provisions of sections 144.010 to
144.525, RSMo. The tax authorized by this section and section 644.033
shall be in addition to any and all other sales taxes allowed by law,
except that no ordinance or order imposing a sales tax under the
provisions of this section and section 644.033 shall be effective unless
the governing body of the municipality or county submits to the voters of
the municipality or county, at a municipal, county or state general,
primary or special election, a proposal to authorize the governing body
of the municipality or county to impose a tax, provided, that the tax
authorized by this section shall not be imposed on the sales of food, as
defined in section 144.014, RSMo, when imposed by any county with a
charter form of government and with more than one million inhabitants.

2. The ballot of submission shall contain, but need not be limited to,
the following language:

Shall the municipality (county) of ............... impose a sales tax of
....... (insert amount) for the purpose of providing funding for
................ (insert either storm water control, or local parks, or
storm water control and local parks) for the municipality (county)?

[ ] YES [ ] NO If a majority of the votes cast on the proposal by the
qualified voters voting thereon are in favor of the proposal, then the
ordinance or order and any amendments thereto shall be in effect on the
first day of the second quarter after the director of revenue receives
notice of adoption of the tax. If a majority of the votes cast by the
qualified voters voting are opposed to the proposal, then the governing
body of the municipality or county shall not impose the sales tax
authorized in this section and section 644.033 until the governing body
of the municipality or county resubmits another proposal to authorize the
governing body of the municipality or county to impose the sales tax
authorized by this section and section 644.033 and such proposal is
approved by a majority of the qualified voters voting thereon; however,
in no event shall a proposal pursuant to this section and section 644.033
be submitted to the voters sooner than twelve months from the date of the
last proposal pursuant to this section and section 644.033.

3. All revenue received by a municipality or county from the tax
authorized under the provisions of this section and section 644.033 shall
be deposited in a special trust fund and shall be used to provide funding
for storm water control or for local parks, or both, within such
municipality or county, provided that such revenue may be used for local
parks outside such municipality or county if the municipality or county
is engaged in a cooperative agreement pursuant to section 70.220, RSMo.

4. Any funds in such special trust fund which are not needed for current
expenditures may be invested by the governing body in accordance with
applicable laws relating to the investment of other municipal or county
funds. (L. 1995 H.B. 88 § 8 subsecs. 1 to 4, A.L. 1998 H.B. 1158, A.L.
2004 H.B. 795, et al. merged with H.B. 833 merged with S.B. 1155)

1. All sales taxes collected by the director of revenue under
this section and section 644.032 on behalf of any municipality or county,
less one percent for cost of collection which shall be deposited in the
state's general revenue fund after payment of premiums for surety bonds
as provided in section 32.087, RSMo, shall be deposited in a special
trust fund, which is hereby created, to be known as the "Local Parks and
Storm Water Control Sales Tax Trust Fund". The moneys in the local parks
and storm water control sales tax trust fund shall not be deemed to be
state funds and shall not be commingled with any funds of the state. The
director of revenue shall keep accurate records of the amount of money in
the trust * which was collected in each municipality or county imposing a
sales tax under this section and section 644.032, * the records shall be
open to the inspection of officers of the municipality or county and the
public. Not later than the tenth day of each month the director of
revenue shall distribute all moneys deposited in the trust fund during
the preceding month to the municipality or county which levied the tax.
Such funds shall be deposited with the county treasurer of each such
county or the appropriate municipal officer of the municipality, and all
expenditures of funds arising from the local parks and storm water
control sales tax trust fund shall be by an appropriation act to be
enacted by the governing body of each such municipality or county.
Expenditures may be made from the fund for any storm water control or
local park functions authorized in the ordinance or order adopted by the
governing body submitting the tax to the voters.

2. The director of revenue may authorize the state treasurer to make
refunds from the amounts in the trust fund and credited to any
municipality or county for erroneous payments and overpayments made, and
may redeem dishonored checks and drafts deposited to the credit of such
municipalities or counties. If any municipality or county abolishes the
tax, the municipality or county shall notify the director of revenue of
the action at least ninety days prior to the effective date of the repeal
and the director of revenue may order retention in the trust fund, for a
period of one year, of two percent of the amount collected after receipt
of such notice to cover possible refunds or overpayment of the tax and to
redeem dishonored checks and drafts deposited to the credit of such
accounts. After one year has elapsed after the effective date of
abolition of the tax in such municipality or county, the director of
revenue shall remit the balance in the account to the municipality or
county and close the account of that municipality or county. The director
of revenue shall notify each municipality or county of each instance of
any amount refunded or any check redeemed from receipts due the
municipality or county.

3. Except as modified in this section and section 644.032, all provisions
of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed under
this section and section 644.032. (L. 1995 H.B. 88 § 8 subsecs. 5 to 7)

*Word "and" appears here in original rolls.

1. To promote tourism by maintaining the quality of the waters
of the state, the governing body of any county containing part of a Corp
of Engineers lake, any county of the third classification without a
township form of government with at least thirty-two thousand but not
more than thirty-five thousand inhabitants or any county of the first
classification without a charter form of government with a population of
at least two hundred thousand inhabitants may impose, by ordinance or
order, a sales tax in the amount of up to one-fourth of one percent on
all retail sales made in such county which are subject to taxation
pursuant to the provisions of sections 144.010 to 144.525, RSMo, for the
purpose of providing improved treatment of wastewater and water pollution
abatement, including establishment of new wastewater treatment facilities
or expansion or other improvements to existing wastewater treatment
facilities, and the governing body of any county, in conjunction with the
imposition of any sales tax pursuant to this subsection, may have the
option to issue bonds to preliminarily* fund the provision of improved
treatment of wastewater and water pollution abatement as specified in
this subsection. The tax authorized by this section shall be in addition
to any and all other sales taxes allowed by law; except that, no
ordinance or order imposing a sales tax pursuant to the provisions of
this section shall be effective unless the governing body of the county
submits to the voters of the county, at a county or state general,
primary or special election, a proposal to authorize the governing body
of the county to impose a tax. In addition, a county shall only be
authorized to issue bonds in conjunction with any sales tax imposed
pursuant to this section after the governing body of the county submits
to the voters of the county, at a county or state general, primary or
special election, a proposal to authorize the governing body of the
county to issue bonds. Any sales tax imposed pursuant to this section
shall not be authorized for a period of more than five years; provided
that, if sales tax is imposed pursuant to this section in conjunction
with the issuance of bonds, the sales tax shall expire upon full
repayment of all bonds issued.

2. The ballot of submission shall contain, but need not be limited to,
the following language:

(1) If the proposal submitted involves only authorization to impose the
tax authorized by this section the ballot shall contain substantially the
following:

Shall the county of .............. (county's name) impose a countywide
sales tax of ............. (insert amount) for the purpose of providing
improved treatment of wastewater and water pollution abatement, including
establishment of new wastewater treatment facilities or expansion or
other improvements to existing wastewater treatment facilities in the
county?

[ ] YES [ ] NO If you are in favor of the question, place an "X" in the
box opposite "Yes". If you are opposed to the question, place an "X" in
the box opposite "No"; or

(2) If the proposal submitted involves authorization to impose the tax
authorized by this section, authorization to issue bonds to preliminarily
fund the provision of improved treatment of wastewater and water
pollution abatement as specified in subsection 1 of this section,
obligates the county to repay all bonds issued from the proceeds of the
tax authorized by this section and requires the expiration of the tax
upon the repayment of all such bonds, the ballot shall contain
substantially the following:

Shall the county of .............. (county's name) impose a countywide
sales tax of ............. (insert amount) for the purpose of providing
improved treatment of wastewater and water pollution abatement, including
establishment of new wastewater treatment facilities or expansion or
other improvements to existing wastewater treatment facilities in the
county, issue bonds to preliminarily fund the provision of improved
treatment of wastewater and water pollution abatement, repay all bonds
issued from the proceeds of the tax imposed and terminate such tax upon
the repayment of all such bonds?

[ ] YES [ ] NO If you are in favor of the question, place an "X" in the
box opposite "Yes". If you are opposed to the question, place an "X" in
the box opposite "No". If a majority of the votes cast on the proposal by
the qualified voters voting thereon are in favor of the proposal
submitted pursuant to subdivision (1) of this subsection, then the
ordinance or order and any amendments thereto shall be in effect on the
first day of the second quarter immediately following the election
approving the proposal. If the constitutionally required percentage of
the voters voting thereon are in favor of the proposal submitted pursuant
to subdivision (2) of this subsection, then the ordinance or order and
any amendments thereto shall be in effect on the first day of the second
quarter immediately following the election approving the proposal. If a
proposal receives less than the required majority, then the governing
body of the county shall have no power to impose the sales tax herein
authorized unless and until the governing body of the county shall again
have submitted another proposal to authorize the governing body of the
county to impose the sales tax authorized by this section and such
proposal is approved by the required majority of the qualified voters
voting thereon. However, in no event shall a proposal pursuant to this
section be submitted to the voters sooner than twelve months from the
date of the last proposal pursuant to this section.

3. All revenue received by a county from the tax authorized pursuant to
the provisions of this section shall be deposited in a special trust fund
and shall be used solely for the purposes specified in the proposal
submitted pursuant to subsection 2 of this section within such county for
so long as the tax shall remain in effect.

4. Once the tax authorized by this section is abolished or is terminated
by any means, all funds remaining in the special trust fund shall be used
solely for the purposes specified in the proposal submitted pursuant to
subsection 2 of this section within such county. Any funds in such
special trust fund which are not needed for current expenditures may be
invested by the governing body in accordance with applicable laws
relating to the investment of other county funds.

5. All sales taxes collected by the director of revenue under this
section on behalf of any county, less one percent for cost of collection
which shall be deposited in the state's general revenue fund after
payment of premiums for surety bonds as provided in section 32.087, RSMo,
shall be deposited in a special trust fund, which is hereby created, to
be known as the "Local Wastewater Treatment Sales Tax Trust Fund". The
moneys in the local wastewater treatment sales tax trust fund shall not
be deemed to be state funds and shall not be commingled with any funds of
the state. The director of revenue shall keep accurate records of the
amount of money in the trust and which was collected in each county
imposing a sales tax pursuant to this section, and the records shall be
open to the inspection of officers of the county and the public. Not
later than the tenth day of each month the director of revenue shall
distribute all moneys deposited in the trust fund during the preceding
month to the county which levied the tax; such funds shall be deposited
with the county treasurer of each such county, and all expenditures of
funds arising from the local wastewater treatment sales tax trust fund
shall be by an appropriation act to be enacted by the governing body of
each such county. Expenditures may be made from the fund for any purposes
authorized pursuant to subsection 2 of this section in the ordinance or
order adopted by the governing body submitting the local wastewater
treatment tax to the voters.

6. The director of revenue may authorize the state treasurer to make
refunds from the amounts in the trust fund and credited to any county for
erroneous payments and overpayments made, and may redeem dishonored
checks and drafts deposited to the credit of such counties. If any county
abolishes the tax, the county shall notify the director of revenue of the
action at least ninety days prior to the effective date of the repeal and
the director of revenue may order retention in the trust fund, for a
period of one year, of two percent of the amount collected after receipt
of such notice to cover possible refunds or overpayment of the tax and to
redeem dishonored checks and drafts deposited to the credit of such
accounts. After one year has elapsed after the effective date of
abolition of the tax in such county, the director of revenue shall remit
the balance in the account to the county and close the account of that
county. The director of revenue shall notify each county of each instance
of any amount refunded or any check redeemed from receipts due the county.

7. Except as modified in this section, all provisions of sections 32.085
and 32.087, RSMo, shall apply to the tax imposed pursuant to this section.

8. All provisions of chapter 108, RSMo, shall apply to any bonds issued
pursuant to this section.

9. For purposes of this section, the term "wastewater** treatment and
water pollution abatement" is limited to the following:

(1) Establishment of new wastewater treatment facilities or expansion or
other improvement to existing wastewater treatment facilities;

(2) Elimination or reduction of the release of water pollutants affecting
waters of the state located in the county; and

(3) Use of funds as matching funds for grants or loans from the clean
water commission pursuant to this chapter. (L. 1999 H.B. 139 § 5)

Effective 7-13-99

*Word "preliminary" appears in original rolls.

**Word "waterwater" appears in original rolls.

1. No standard, rule or regulation or any amendment or repeal
thereof shall be adopted except after a public hearing to be held after
thirty days' prior notice by advertisement of the date, time and place of
the hearing and opportunity given to the public to be heard. Notice of
the hearings and copies of the proposed standard, rule or regulation or
any amendment or repeal thereof shall also be given by regular mail, at
least thirty days prior to the scheduled date of the hearing, to any
person who has registered with the director for the purpose of receiving
notice of such public hearings in accordance with the procedures
prescribed by the commission at least forty-five days prior to the
scheduled date of the hearing. However, this provision shall not preclude
necessary changes during this thirty-day period.

2. At the hearing, opportunity to be heard by the commission with respect
to the subject thereof shall be afforded any interested person upon
written request to the commission, addressed to the director, not later
than seven days prior to the hearing, and may be afforded to other
persons if convenient. In addition, any interested persons, whether or
not heard, may submit, within seven days subsequent to the hearings, a
written statement of their views. The commission may solicit the views,
in writing, of persons who may be affected by, or interested in, proposed
rules and regulations, or standards. Any person heard or represented 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.

3. Any standard, rule or regulation or amendment or repeal thereof shall
not be deemed adopted or in force and effect until it has been approved
in writing by at least four members of the commission. A standard, rule
or regulation or an amendment or repeal thereof shall not become
effective until a certified copy thereof has been filed with the
secretary of state as provided in chapter 536, RSMo.

4. Unless prohibited by any federal water pollution control act, any
standard, rule or regulation or any amendment or repeal thereof which is
adopted by the commission may differ in its terms and provisions as
between particular types and conditions of water quality standards or of
water contaminants, as between particular classes of water contaminant
sources, and as between particular waters of the state.

5. Any listing required by Section 303(d) of the federal Clean Water Act,
as amended, 33 U.S.C. 1251 et seq., to be sent to the U.S. Environmental
Protection Agency for their approval that will result in any waters of
this state being classified as impaired shall be adopted by rule pursuant
to chapter 536, RSMo. Total maximum daily loads shall not be required for
any listed waters that subsequently are determined to meet water quality
standards. (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000
S.B. 741, A.L. 2002 S.B. 984 & 985)

*Transferred 1986; formerly 204.036

Where applicable, under Section 404 of the federal Clean Water
Act and where the U.S. Army Corps of Engineers has determined that a
nationwide permit may be utilized, the department shall certify without
conditions such nationwide permit as it applies to impacts on wetlands in
this state. (L. 1998 H.B. 1161)

Effective 6-9-98

Where applicable, under Section 404 of the federal Clean Water
Act and where the U.S. Army Corps of Engineers has determined that a
nationwide permit may be utilized for the construction of highways and
bridges approved by the Missouri highways and transportation commission,
the department shall certify without conditions such nationwide permit as
it applies to impacts on all waters of the state. (L. 2001 H.B. 453
merged with H.B. 501)

As promptly as possible the commission shall adopt and
promulgate reasonable effluent, pretreatment and toxic material control
regulations which require the use of effective treatment facilities, or
other methods to prevent water contamination, for each and every
significant source, potential source, and classification of sources of
water contaminants, or to limit or prevent introduction of water
contaminants into publicly owned treatment works or facilities as
required under any federal water pollution control act, throughout the
state and thereafter may modify such regulations from time to time. (L.
1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.041

The commission may adopt by rule a rebuttable presumption that
any stream segment located within one mile upstream of a stream segment
that has been determined by the commission to be a losing stream, as
defined by the commission by rule, is also a losing stream until
determined otherwise by the commission based upon the evidence. Except
for the presumption authorized by the preceding sentence, the commission
shall not adopt any presumption that any other stream segments are losing
streams, and shall make any such determinations based on data applicable
to such stream segments. (L. 1998 H.B. 1161 merged with S.B. 479 merged
with S.B. 739)

Effective 6-9-98 (H.B. 1161) 8-28-98 (S.B. 479), (S.B. 739)

1. It is unlawful for any person:

(1) To cause pollution of any waters of the state or to place or cause or
permit to be placed any water contaminant in a location where it is
reasonably certain to cause pollution of any waters of the state;

(2) To discharge any water contaminants into any waters of the state
which reduce the quality of such waters below the water quality standards
established by the commission;

(3) To violate any pretreatment and toxic material control regulations,
or to discharge any water contaminants into any waters of the state which
exceed effluent regulations or permit provisions as established by the
commission or required by any federal water pollution control act;

(4) To discharge any radiological, chemical, or biological warfare agent
or high-level radioactive waste into the waters of the state.

2. It shall be unlawful for any person to build, erect, alter, replace,
operate, use or maintain any water contaminant or point source in this
state that is subject to standards, rules or regulations promulgated
pursuant to the provisions of sections 644.006 to 644.141 unless such
person holds a permit from the commission, subject to such exceptions as
the commission may prescribe by rule or regulation. However, no permit
shall be required of any person for any emission into publicly owned
treatment facilities or into publicly owned sewer systems tributary to
publicly owned treatment works.

3. Every proposed water contaminant or point source which, when
constructed or installed or established, will be subject to any federal
water pollution control act or sections 644.006 to 644.141 or regulations
promulgated pursuant to the provisions of such act shall make application
to the director for a permit at least thirty days prior to the initiation
of construction or installation or establishment. Every water contaminant
or point source in existence when regulations or sections 644.006 to
644.141 become effective shall make application to the director for a
permit within sixty days after the regulations or sections 644.006 to
644.141 become effective, whichever shall be earlier. The director shall
promptly investigate each application, which investigation shall include
such hearings and notice, and consideration of such comments and
recommendations as required by sections 644.006 to 644.141 and any
federal water pollution control act. If the director determines that the
source meets or will meet the requirements of sections 644.006 to 644.141
and the regulations promulgated pursuant thereto, the director shall
issue a permit with such conditions as he or she deems necessary to
ensure that the source will meet the requirements of sections 644.006 to
644.141 and any federal water pollution control act as it applies to
sources in this state. If the director determines that the source does
not meet or will not meet the requirements of either act and the
regulations pursuant thereto, the director shall deny the permit pursuant
to the applicable act and issue any notices required by sections 644.006
to 644.141 and any federal water pollution control act.

4. Before issuing a permit to build or enlarge a water contaminant or
point source or reissuing any permit, the director shall issue such
notices, conduct such hearings, and consider such factors, comments and
recommendations as required by sections 644.006 to 644.141 or any federal
water pollution control act. The director shall determine if any state or
any provisions of any federal water pollution control act the state is
required to enforce, any state or federal effluent limitations or
regulations, water quality-related effluent limitations, national
standards of performance, toxic and pretreatment standards, or water
quality standards which apply to the source, or any such standards in the
vicinity of the source, are being exceeded, and shall determine the
impact on such water quality standards from the source. The director, in
order to effectuate the purposes of sections 644.006 to 644.141, shall
deny a permit if the source will violate any such acts, regulations,
limitations or standards or will appreciably affect the water quality
standards or the water quality standards are being substantially
exceeded, unless the permit is issued with such conditions as to make the
source comply with such requirements within an acceptable time schedule.
Prior to the development or renewal of a general permit or permit by
rule, for aquaculture, the director shall convene a meeting or meetings
of permit holders and applicants to evaluate the impacts of permits and
to discuss any terms and conditions that may be necessary to protect
waters of the state. Following the discussions, the director shall
finalize a draft permit that considers the comments of the meeting
participants and post the draft permit on notice for public comment. The
director shall concurrently post with the draft permit an explanation of
the draft permit and shall identify types of facilities which are subject
to the permit conditions. Affected public or applicants for new general
permits, renewed general permits or permits by rule may request a hearing
with respect to the new requirements in accordance with this section. If
a request for a hearing is received, the commission shall hold a hearing
to receive comments on issues of significant technical merit and concerns
related to the responsibilities of the Missouri clean water law. The
commission shall conduct such hearings in accordance with this section.
After consideration of such comments, a final action on the permit shall
be rendered. The time between the date of the hearing request and the
hearing itself shall not be counted as time elapsed pursuant to
subdivision (1) of subsection 13 of this section.

5. The director shall grant or deny the permit within sixty days after
all requirements of the Federal Water Pollution Control Act concerning
issuance of permits have been satisfied unless the application does not
require any permit pursuant to any federal water pollution control act.
The director or the commission may require the applicant to provide and
maintain such facilities or to conduct such tests and monitor effluents
as necessary to determine the nature, extent, quantity or degree of water
contaminant discharged or released from the source, establish and
maintain records and make reports regarding such determination.

6. The director shall promptly notify the applicant in writing of his or
her action and if the permit is denied state the reasons therefor. The
applicant may appeal to the commission from the denial of a permit or
from any condition in any permit by filing notice of appeal with the
commission within thirty days of the notice of denial or issuance of the
permit. The commission shall set the matter for hearing not less than
thirty days after the notice of appeal is filed. In no event shall a
permit constitute permission to violate the law or any standard, rule or
regulation promulgated pursuant thereto.

7. In any hearing held pursuant to this section the burden of proof is on
the applicant for a permit. Any decision of the commission made pursuant
to a hearing held pursuant to this section is subject to judicial review
as provided in section 644.071.

8. In any event, no permit issued pursuant to this section shall be
issued if properly objected to by the federal government or any agency
authorized to object pursuant to any federal water pollution control act
unless the application does not require any permit pursuant to any
federal water pollution control act.

9. Unless a site-specific permit is requested by the applicant,
aquaculture facilities shall be governed by a general permit issued
pursuant to this section with a fee not to exceed two hundred fifty
dollars pursuant to subdivision (5) of subsection 6 of section 644.052.
However, any aquaculture facility which materially violates the
conditions and requirements of such permit may be required to obtain a
site-specific permit.

10. No manufacturing or processing plant or operating location shall be
required to pay more than one operating fee. Operating permits shall be
issued for a period not to exceed five years after date of issuance,
except that general permits shall be issued for a five-year period, and
also except that neither a construction nor an annual permit shall be
required for a single residence's waste treatment facilities.
Applications for renewal of an operating permit shall be filed at least
one hundred eighty days prior to the expiration of the existing permit.

11. Every permit issued to municipal or any publicly owned treatment
works or facility shall require the permittee to provide the clean water
commission with adequate notice of any substantial new introductions of
water contaminants or pollutants into such works or facility from any
source for which such notice is required by sections 644.006 to 644.141
or any federal water pollution control act. Such permit shall also
require the permittee to notify the clean water commission of any
substantial change in volume or character of water contaminants or
pollutants being introduced into its treatment works or facility by a
source which was introducing water contaminants or pollutants into its
works at the time of issuance of the permit. Notice must describe the
quality and quantity of effluent being introduced or to be introduced
into such works or facility by a source which was introducing water
contaminants or pollutants into its works at the time of issuance of the
permit. Notice must describe the quality and quantity of effluent being
introduced or to be introduced into such works or facility and the
anticipated impact of such introduction on the quality or quantity of
effluent to be released from such works or facility into waters of the
state.

12. The director or the commission may require the filing or posting of a
bond as a condition for the issuance of permits for construction of
temporary or future water treatment facilities in an amount determined by
the commission to be sufficient to ensure compliance with all provisions
of sections 644.006 to 644.141, and any rules or regulations of the
commission and any condition as to such construction in the permit. The
bond shall be signed by the applicant as principal, and by a corporate
surety licensed to do business in the state of Missouri and approved by
the commission. The bond shall remain in effect until the terms and
conditions of the permit are met and the provisions of sections 644.006
to 644.141 and rules and regulations promulgated pursuant thereto are
complied with.

13. (1) The department shall issue or deny applications for construction
and site-specific operating permits received after January 1, 2001,
within one hundred eighty days of the department's receipt of an
application. For general construction and operating permit applications
received after January 1, 2001, that do not require a public
participation process, the department shall issue or deny the requested
permits within sixty days of the department's receipt of an application.

(2) If the department fails to issue or deny with good cause a
construction or operating permit application within the time frames
established in subdivision (1) of this subsection, the department shall
refund the full amount of the initial application fee within forty-five
days of failure to meet the established time frame. If the department
fails to refund the application fee within forty-five days, the refund
amount shall accrue interest at a rate established pursuant to section
32.065, RSMo.

(3) Permit fee disputes may be appealed to the commission within thirty
days of the date established in subdivision (2) of this subsection. If
the applicant prevails in a permit fee dispute appealed to the
commission, the commission may order the director to refund the
applicant's permit fee plus interest and reasonable attorney's fees as
provided in sections 536.085 and 536.087, RSMo. A refund of the initial
application or annual fee does not waive the applicant's responsibility
to pay any annual fees due each year following issuance of a permit.

(4) No later than December 31, 2001, the commission shall promulgate
regulations defining shorter review time periods than the time frames
established in subdivision (1) of this subsection, when appropriate, for
different classes of construction and operating permits. In no case shall
commission regulations adopt permit review times that exceed the time
frames established in subdivision (1) of this subsection. The
department's failure to comply with the commission's permit review time
periods shall result in a refund of said permit fees as set forth in
subdivision (2) of this subsection. On a semiannual basis, the department
shall submit to the commission a report which describes the different
classes of permits and reports on the number of days it took the
department to issue each permit from the date of receipt of the
application and show averages for each different class of permits.

(5) During the department's technical review of the application, the
department may request the applicant submit supplemental or additional
information necessary for adequate permit review. The department's
technical review letter shall contain a sufficient description of the
type of additional information needed to comply with the application
requirements.

(6) Nothing in this subsection shall be interpreted to mean that inaction
on a permit application shall be grounds to violate any provisions of
sections 644.006 to 644.141 or any rules promulgated pursuant to sections
644.006 to 644.141.

14. The department shall respond to all requests for individual
certification under Section 401 of the Federal Clean Water Act within the
lesser of sixty days or the allowed response period established pursuant
to applicable federal regulations without request for an extension period
unless such extension is determined by the commission to be necessary to
evaluate significant impacts on water quality standards and the
commission establishes a timetable for completion of such evaluation in a
period of no more than one hundred eighty days.

15. All permit fees generated pursuant to this chapter shall not be used
for the development or expansion of total maximum daily loads studies on
either the Missouri or Mississippi rivers. (L. 1972 S.B. 424, A.L. 1973
S.B. 259, S.B. 321, A.L. 1982 S.B. 646, A.L. 1990 S.B. 582, A.L. 1999
S.B. 160 & 82, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985)

*Transferred 1986; formerly 204.051

CROSS REFERENCE: Missouri clean water fund abolished subject to
exemption, RSMo 33.571

(1981) These provisions of the Missouri Clean Water Law are malum
prohibitum, and the state is not required to prove intent or knowledge on
the part of the accused; nor do these provisions seek to prescribe only
willful or negligent acts causing pollution of the waters of state. State
ex rel. Ashcroft v. Mathias (A.), 616 S.W.2d 882.

1. Persons with operating permits or permits by rule issued
pursuant to this chapter shall pay fees pursuant to subsections 2 to 8
and 12 to 13 of this section. Persons with a sewer service connection to
public sewer systems owned or operated by a city, public sewer district,
public water district or other publicly owned treatment works shall pay a
permit fee pursuant to subsections 10 and 11 of this section.

2. A privately owned treatment works or an industry which treats only
human sewage shall annually pay a fee based upon the design flow of the
facility as follows:

(1) One hundred dollars if the design flow is less than five thousand
gallons per day;

(2) One hundred fifty dollars if the design flow is equal to or greater
than five thousand gallons per day but less than six thousand gallons per
day;

(3) One hundred seventy-five dollars if the design flow is equal to or
greater than six thousand gallons per day but less than seven thousand
gallons per day;

(4) Two hundred dollars if the design flow is equal to or greater than
seven thousand gallons per day but less than eight thousand gallons per
day;

(5) Two hundred twenty-five dollars if the design flow is equal to or
greater than eight thousand gallons per day but less than nine thousand
gallons per day;

(6) Two hundred fifty dollars if the design flow is equal to or greater
than nine thousand gallons per day but less than ten thousand gallons per
day;

(7) Three hundred seventy-five dollars if the design flow is equal to or
greater than ten thousand gallons per day but less than eleven thousand
gallons per day;

(8) Four hundred dollars if the design flow is equal to or greater than
eleven thousand gallons per day but less than twelve thousand gallons per
day;

(9) Four hundred fifty dollars if the design flow is equal to or greater
than twelve thousand gallons per day but less than thirteen thousand
gallons per day;

(10) Five hundred dollars if the design flow is equal to or greater than
thirteen thousand gallons per day but less than fourteen thousand gallons
per day;

(11) Five hundred fifty dollars if the design flow is equal to or greater
than fourteen thousand gallons per day but less than fifteen thousand
gallons per day;

(12) Six hundred dollars if the design flow is equal to or greater than
fifteen thousand gallons per day but less than sixteen thousand gallons
per day;

(13) Six hundred fifty dollars if the design flow is equal to or greater
than sixteen thousand gallons per day but less than seventeen thousand
gallons per day;

(14) Eight hundred dollars if the design flow is equal to or greater than
seventeen thousand gallons per day but less than twenty thousand gallons
per day;

(15) One thousand dollars if the design flow is equal to or greater than
twenty thousand gallons per day but less than twenty-three thousand
gallons per day;

(16) Two thousand dollars if the design flow is equal to or greater than
twenty-three thousand gallons per day but less than twenty-five thousand
gallons per day;

(17) Two thousand five hundred dollars if the design flow is equal to or
greater than twenty-five thousand gallons per day but less than thirty
thousand gallons per day;

(18) Three thousand dollars if the design flow is equal to or greater
than thirty thousand gallons per day but less than one million gallons
per day; or

(19) Three thousand five hundred dollars if the design flow is equal to
or greater than one million gallons per day.

3. Persons who produce industrial process wastewater which requires
treatment and who apply for or possess a site-specific permit shall
annually pay:

(1) Five thousand dollars if the industry is a class IA animal feeding
operation as defined by the commission; or

(2) For facilities issued operating permits based upon categorical
standards pursuant to the Federal Clean Water Act and regulations
implementing such act:

(a) Three thousand five hundred dollars if the design flow is less than
one million gallons per day; or

(b) Five thousand dollars if the design flow is equal to or greater than
one million gallons per day.

4. Persons who apply for or possess a site-specific permit solely for
industrial storm water shall pay an annual fee of:

(1) One thousand three hundred fifty dollars if the design flow is less
than one million gallons per day; or

(2) Two thousand three hundred fifty dollars if the design flow is equal
to or greater than one million gallons per day.

5. Persons who produce industrial process wastewater who are not included
in subsection 2 or 3 of this section shall annually pay:

(1) One thousand five hundred dollars if the design flow is less than one
million gallons per day; or

(2) Two thousand five hundred dollars if the design flow is equal to or
greater than one million gallons per day.

6. Persons who apply for or possess a general permit shall pay:

(1) Three hundred dollars for the discharge of storm water from a land
disturbance site;

(2) Fifty dollars annually for the operation of a chemical fertilizer or
pesticide facility;

(3) One hundred fifty dollars for the operation of an animal feeding
operation or a concentrated animal feeding operation;

(4) One hundred fifty dollars annually for new permits for the discharge
of process water or storm water potentially contaminated by activities
not included in subdivisions (1) to (3) of this subsection. Persons
paying fees pursuant to this subdivision with existing general permits on
August 27, 2000, and persons paying fees pursuant to this subdivision who
receive renewed general permits on the same facility after August 27,
2000, shall pay sixty dollars annually;

(5) Up to two hundred fifty dollars annually for the operation of an
aquaculture facility.

7. Requests for modifications to state operating permits on entities that
charge a service connection fee pursuant to subsection 10 of this section
shall be accompanied by a two hundred dollar fee. The department may
waive the fee if it is determined that the necessary modification was
either initiated by the department or caused by an error made by the
department.

8. Requests for state operating permit modifications other than those
described in subsection 7 of this section shall be accompanied by a fee
equal to twenty-five percent of the annual operating fee assessed for the
facility pursuant to this section. The department may waive the fee if it
is determined that the necessary modification was either initiated by the
department or caused by an error made by the department.

9. Persons requesting water quality certifications in accordance with
Section 401 of the Federal Clean Water Act shall pay a fee of
seventy-five dollars and shall submit the standard application form for a
Section 404 permit as administered by the U.S. Army Corps of Engineers or
similar information required for other federal licenses and permits,
except that the fee is waived for water quality certifications issued and
accepted for activities authorized pursuant to a general permit or
nationwide permit by the U.S. Army Corps of Engineers.

10. Persons with a direct or indirect sewer service connection to a
public sewer system owned or operated by a city, public sewer district,
public water district, or other publicly owned treatment works shall pay
an annual fee per water service connection as provided in this
subsection. Customers served by multiple water service connections shall
pay such fee for each water service connection, except that no single
facility served by multiple connections shall pay more than a total of
seven hundred dollars per year. The fees provided for in this subsection
shall be collected by the agency billing such customer for sewer service
and remitted to the department. The fees may be collected in monthly,
quarterly or annual increments, and shall be remitted to the department
no less frequently than annually. The fees collected shall not exceed the
amounts specified in this subsection and, except as provided in
subsection 11 of this section, shall be collected at the specified
amounts unless adjusted by the commission in rules. The annual fees shall
not exceed:

(1) For sewer systems that serve more than thirty-five thousand
customers, forty cents per residential customer as defined by the
provider of said sewer service until such time as the commission
promulgates rules defining the billing procedure;

(2) For sewer systems that serve equal to or less than thirty-five
thousand but more than twenty thousand customers, fifty cents per
residential customer as defined by the provider of said sewer service
until such time as the commission promulgates rules defining the billing
procedure;

(3) For sewer systems that serve equal to or less than twenty thousand
but more than seven thousand customers, sixty cents per residential
customer as defined by the provider of said sewer service until such time
as the commission promulgates rules defining the billing procedure;

(4) For sewer systems that serve equal to or less than seven thousand but
more than one thousand customers, seventy cents per residential customer
as defined by the provider of said sewer service until such time as the
commission promulgates rules defining the billing procedure;

(5) For sewer systems that serve equal to or less than one thousand
customers, eighty cents per residential customer as defined by the
provider of said sewer service until such time as the commission
promulgates rules defining the billing procedure;

(6) Three dollars for commercial or industrial customers not served by a
public water system as defined in chapter 640, RSMo;

(7) Three dollars per water service connection for all other customers
with water service connections of less than or equal to one inch
excluding taps for fire suppression and irrigation systems;

(8) Ten dollars per water service connection for all other customers with
water service connections of more than one inch but less than or equal to
four inches, excluding taps for fire suppression and irrigation systems;

(9) Twenty-five dollars per water service connection for all other
customers with water service connections of more than four inches,
excluding taps for fire suppression and irrigation systems.

11. Customers served by any district formed pursuant to the provisions of
section 30(a) of article VI of the Missouri Constitution shall pay the
fees set forth in subsection 10 of this section according to the
following schedule:

(1) From August 28, 2000, through September 30, 2001, customers of any
such district shall pay fifty percent of such fees; and

(2) Beginning October 1, 2001, customers of any such districts shall pay
one hundred percent of such fees.

12. Persons submitting a notice of intent to operate pursuant to a permit
by rule shall pay a filing fee of twenty-five dollars.

13. For any general permit issued to a state agency for highway
construction pursuant to subdivision (1) of subsection 6 of this section,
a single fee may cover all sites subject to the permit. (L. 1990 S.B.
582, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985)

*For effective and expiration dates for fees imposed by this section, see
§ 644.054.

(1998) Section is not unconstitutional if the fee is proportional to
funding before the adoption of the Hancock Amendment. State of Missouri
v. City of Glasgow, 152 F.3d 802 (8th Cir.).

1. Persons applying for a construction permit issued pursuant to
this chapter shall pay a construction permit fee as follows:

(1) Seven hundred fifty for a wastewater treatment plant if the design
flow is less than five hundred dollars** thousand gallons per day;

(2) Two thousand two hundred dollars for a wastewater treatment plant if
the design flow is equal to or more than five hundred thousand gallons
per day;

(3) Seventy-five dollars for a sewer extension of less than one thousand
lineal feet of pipe;

(4) Three hundred dollars for a sewer extension equal to or more than one
thousand lineal feet of pipe; or

(5) Three hundred dollars for each sewage pumping station.

2. The applicant shall pay the highest appropriate fee pursuant to
subdivisions (1) to (5) of subsection 1 of this section, but shall pay
only pursuant to one subdivision regardless of the nature of the planned
construction.

3. The commission may establish, by rule, general permits for
construction and establish fees for such permits that shall not exceed
the construction permit fees provided for in subsection 1 of this section.

4. Persons who apply for or possess an operator's certificate for
treatment of wastewater or for concentrated animal feeding operation
waste management shall pay fees of:

(1) Forty-five dollars for an application for a certificate of
competency, including an initial exam and the issuance of an initial
certificate of competency;

(2) Twenty dollars for an application for subsequent exams of the same
certification type and level if the applicant fails the initial exam;

(3) Forty-five dollars for an application for a renewal of a certificate
of competency;

(4) Forty dollars for an application for reciprocity with other
certification programs; and

(5) Twenty-five dollars for the issuance of a reciprocated certificate of
competency. (L. 1990 S.B. 582, A.L. 2000 S.B. 741)

*For effective and expiration dates for fees imposed by this section, see
§ 644.054.

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

1. Fees imposed in sections 644.052 and 644.053 shall, except
for those fees imposed pursuant to subsection 4 and subsections 6 to 13
of section 644.052, become effective October 1, 1990, and shall expire
December 31, 2007. Fees imposed pursuant to subsection 4 and subsections
6 to 13 of section 644.052 shall become effective August 28, 2000, and
shall expire on December 31, 2007. The clean water commission shall
promulgate rules and regulations on the procedures for billing and
collection. All sums received through the payment of fees shall be placed
in the state treasury and credited to an appropriate subaccount of the
natural resources protection fund created in section 640.220, RSMo.
Moneys in the subaccount shall be expended, upon appropriation, solely
for the administration of sections 644.006 to 644.141. Fees collected
pursuant to subsection 10 of section 644.052 by a city, a public sewer
district, a public water district or other publicly owned treatment works
are state fees. Five percent of the fee revenue collected shall be
retained by the city, public sewer district, public water district or
other publicly owned treatment works as reimbursement of billing and
collection expenses.

2. The commission may grant a variance pursuant to section 644.061 to
reduce fees collected pursuant to section 644.052 for facilities that
adopt systems or technologies that reduce the discharge of water
contaminants substantially below the levels required by commission rules.

3. Fees imposed in subsections 2 to 6 of section 644.052 shall be due in
accordance with the following schedule after August 27, 2000:

(1) For new or renewed permits, fees shall be due on the date of
application and on each anniversary date of permit issuance thereafter
until the permit is terminated;

(2) For permits in effect on August 27, 2000, fees shall be due on each
anniversary date of permit issuance until the permit is terminated;

(3) For general permits issued pursuant to subdivisions (2) and (4) of
subsection 6 of section 644.052 and in effect on August 27, 2000, the
permittee will be credited thirty dollars on each anniversary date of
permit issuance that falls between August 27, 2000, and the date the
permit expires. (L. 1990 S.B. 582, A.L. 1994 H.B. 1156, A.L. 2000 S.B.
741)

Any person who fails to pay the required fees shall be subject
to a penalty of the amount of interest accrued on the unpaid fees at the
rate of two percent for each month that the fee is delinquent. If the
fees are not paid within six months of the due date, the attorney general
of the state of Missouri shall initiate appropriate action for the
collection of said fees and interest accrued. The court shall assess
attorney fees and court costs against any delinquent permittee. All
remaining moneys shall be placed in the appropriate subaccount of the
natural resources protection fund. (L. 1990 S.B. 582)

1. The director shall cause investigations to be made upon the
request of the commission or upon receipt of information concerning
alleged violations of sections 644.006 to 644.141 or any standard,
limitation, order, rule or regulation promulgated pursuant thereto, or
any term or condition of any permit and may cause to be made any other
investigations he or she deems advisable. Violations shall include
obtaining a permit by misrepresentation or failure to fully disclose all
relevant facts.

2. If, in the opinion of the director, the investigation discloses that a
violation does exist, the director may, by conference, conciliation or
persuasion, endeavor to eliminate the violation.

3. In case of the failure by conference, conciliation or persuasion to
correct or remedy any claimed violation, or as required to immediately
and effectively halt or eliminate any imminent or substantial
endangerments to the health or welfare of persons resulting from the
discharge of pollutants, the director shall order abatement or file an
abatement complaint with the commission if no permit has been issued, or
in addition may file a complaint to revoke a permit if such permit has
been issued. When the director files a complaint, the commission shall
order a hearing. The director shall cause to have issued and served upon
the person complained against a written notice of the order or complaint,
together with a copy of the order or complaint, which shall specify the
provision of sections 644.006 to 644.141 or the standard, rule,
limitation, or regulation adopted pursuant thereto, or the condition of
the permit of which the person is alleged to be in violation, and a
statement of the manner in which and the extent to which the person is
alleged to violate sections 644.006 to 644.141 or the standard, rule,
limitation, or regulation, or condition of the permit. In any case
involving a complaint, the commission shall require the person complained
against to answer the charges of the formal complaint at a hearing before
the commission at a time not less than thirty days after the date of
notice. Service may be made upon any person within or without the state
by registered mail, return receipt requested. Any person against whom the
director issues an order may appeal the order to the commission within
thirty days and the appeal shall stay the enforcement of the order until
final determination by the commission. The commission shall set appeals
for a hearing at a time not less than thirty days after the date of the
request. The commission may sustain, reverse, or modify the director's
order or may make such other orders as the commission deems appropriate
under the circumstances. If any order issued by the director is not
appealed within the time provided in this section, the order becomes
final and may be enforced as provided in section 644.076.

4. Permits may be terminated or modified if obtained in violation of
sections 644.006 to 644.141 or by misrepresentation or failing to fully
disclose all relevant facts, or when required to prevent violations of
any provision of sections 644.006 to 644.141, or to protect the waters of
this state, when such action is required by a change in conditions or the
existence of a condition which requires either a temporary or permanent
reduction or elimination of the authorized discharge, subject to the
right of appeal contained in this section.

5. When the commission schedules a matter for hearing, the petitioner on
appeal or the respondent to a formal complaint may appear at the hearing
in person or by counsel, and may make oral argument, offer testimony and
evidence, and cross-examine witnesses.

6. After due consideration of the record, or upon default in appearance
of the respondent on the return day specified in the notice given as
provided in subsection 3, the commission shall issue and enter such final
order, or make such final determination as it deems appropriate under the
circumstances, and it shall immediately notify the petitioner or
respondent thereof in writing by certified or registered mail. (L. 1972
S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741)

*Transferred 1986; formerly 204.056

1. Unless prohibited by any federal water pollution control act,
or if an application does not require a permit pursuant to any federal
water pollution control act, the commission may grant individual
variances beyond the limitations prescribed in sections 644.006 to
644.141 whenever it is found, upon presentation of adequate proof, that
compliance with any provisions of sections 644.006 to 644.141 or rule or
regulation, standard, requirement, limitation, or order of the commission
or director adopted pursuant thereto will result in an arbitrary and
unreasonable taking of property or in the practical closing and
elimination of any lawful business, occupation or activity, in either
case, without sufficient corresponding benefit or advantage to the
people; but no variance shall be granted where the effect of a variance
will permit the continuance of a condition which may unreasonably cause
or contribute to adverse health effects upon humans or upon fish or other
aquatic life or upon game or other wildlife, and any variance so granted
shall not be so construed as to relieve the person who receives the
variance from any liability imposed by other law for the commission or
maintenance of a nuisance.

2. In determining under what conditions and to what extent a variance may
be granted, the commission shall exercise a wide discretion in weighing
the equities involved and the advantages and disadvantages to the
applicant and to those affected by water contaminants emitted by the
applicant.

3. Variances shall be granted for such period of time and under such
terms and conditions as shall be specified by the commission in its
order. The variance may be extended by affirmative action of the
commission. In no event shall the variance be granted for a period of
time greater than is reasonably necessary for complying with sections
644.006 to 644.141 or any standard, rule or regulation promulgated
pursuant to sections 644.006 to 644.141.

4. Any person seeking a variance shall file a petition for variance with
the director. There shall be a two hundred fifty dollar filing fee
payable to the state of Missouri with each petition for variance. The
director shall promptly investigate the application and make a
recommendation to the commission within sixty days after the application
is received as to whether the variance should be granted or denied. The
director shall promptly notify the petitioner of his or her action and at
the same time shall send notice to those persons registered with the
director pursuant to section 644.036 who reside in the county where the
water contaminant or point source is located.

5. If the recommendation of the director is to deny the variance, a
hearing as provided in section 644.066 shall be held by the commission if
requested by the petitioner within thirty days of the date of notice of
the recommendation of the director. If the recommendation of the director
is for the granting of the variance, the commission may grant the
variance without a hearing, or, if not, shall set the matter for a
hearing. If the commission grants the variance without a hearing the
matter shall be passed upon at a public meeting no sooner than thirty
days from the date of notice of the recommendation of the director,
except that upon petition, filed within thirty days from the date of
notice, of any person aggrieved by the granting of the variance, a
hearing shall be held and such petitioner shall become a party to the
proceeding. In any hearing pursuant to this section the burden of proof
shall be on the person petitioning for a variance.

6. The commission may require the filing of a bond as a condition for the
issuance of a variance in an amount determined by the commission to be
sufficient to ensure compliance with the terms and conditions of the
variance. The bond shall be signed by the applicant as principal, and by
a corporate surety licensed to do business in the state of Missouri and
approved by the commission. The bond shall remain in effect until the
terms and conditions of the variance are met and the provisions of
sections 644.006 to 644.141 and rules and regulations promulgated
pursuant thereto are complied with.

7. Upon failure to comply with the terms and conditions of any variance
as specified by the commission, the variance may be revoked or modified
or the bond may be revoked, or both, by the commission after a hearing
held upon not less than thirty days' written notice. Notice shall be
served upon all persons who will be subjected to greater restrictions if
the variance is revoked or modified, or who have filed with the director
a written request for notification.

8. Any decision of the commission made pursuant to a hearing held
pursuant to this section is subject to judicial review as provided in
section 644.071. (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L.
1974 S.B. 577, A.L. 2000 S.B. 741)

*Transferred 1986; formerly 204.061

1. At any public hearing all testimony taken before the
commission shall be under oath and recorded stenographically. The
transcript so recorded shall be made available to any member of the
public or to the respondent or party to a hearing on a complaint, or any
party to a hearing on a petition for variance, or appealing any order or
determination of the director upon payment of the usual charge therefor.

2. In any such hearing, any member of the commission or the hearing
officer shall issue in the name of the commission notice of hearing and
subpoenas. Subpoenas shall be issued and enforced as provided in section
536.077, RSMo. The rules of discovery that apply in any civil case apply
to hearings held by the commission.

3. (1) All hearings to promulgate standards, rules, limitations, and
regulations and to establish areas of the state shall be held before at
least four members of the commission;

(2) All other hearings may be held before one commission member
designated by the commission chairman or by a hearing officer who shall
be a member of the Missouri Bar and shall be appointed by the commission
chairman. The hearing officer or commission member shall preside at the
hearing and hear all evidence and rule on the admissibility of evidence.
The hearing officer or commission member shall make recommended findings
of fact and may make recommended conclusions of law to the commission;

(3) All final orders or determinations or other final actions by the
commission shall be approved in writing by at least four members of the
commission. Any commission member approving in writing any final order or
determination or other final action, who did not attend the hearing,
shall do so only after reviewing all exhibits and reading the entire
transcript. (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000
S.B. 741)

*Transferred 1986; formerly 204.066

1. All final orders or determinations of the commission or the
director made pursuant to the provisions of sections 644.006 to 644.141
are subject to judicial review pursuant to the provisions of chapter 536,
RSMo. No judicial review shall be available, however, unless and until
all administrative remedies are exhausted.

2. In any suit filed pursuant to section 536.050, RSMo, concerning the
validity of the commission's standards, rules and regulations, the court
shall review the record made before the commission to determine the
validity and reasonableness of such standards, rules, limitations, and
regulations and may hear such additional evidence as it deems necessary.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741)

*Transferred 1986; formerly 204.071

1. It is unlawful for any person to cause or permit any
discharge of water contaminants from any water contaminant or point
source located in Missouri in violation of sections 644.006 to 644.141,
or any standard, rule or regulation promulgated by the commission. In the
event the commission or the director determines that any provision of
sections 644.006 to 644.141 or standard, rules, limitations or
regulations promulgated pursuant thereto, or permits issued by, or any
final abatement order, other order, or determination made by the
commission or the director, or any filing requirement pursuant to
sections 644.006 to 644.141 or any other provision which this state is
required to enforce pursuant to any federal water pollution control act,
is being, was, or is in imminent danger of being violated, the commission
or director may cause to have instituted a civil action in any court of
competent jurisdiction for the injunctive relief to prevent any such
violation or further violation or for the assessment of a penalty not to
exceed ten thousand dollars per day for each day, or part thereof, the
violation occurred and continues to occur, or both, as the court deems
proper. A civil monetary penalty pursuant to this section shall not be
assessed for a violation where an administrative penalty was assessed
pursuant to section 644.079. The commission, the chair of a watershed
district's board of trustees created under section 249.1150, RSMo, or the
director may request either the attorney general or a prosecuting
attorney to bring any action authorized in this section in the name of
the people of the state of Missouri. Suit may be brought in any county
where the defendant's principal place of business is located or where the
water contaminant or point source is located or was located at the time
the violation occurred. Any offer of settlement to resolve a civil
penalty pursuant to this section shall be in writing, shall state that an
action for imposition of a civil penalty may be initiated by the attorney
general or a prosecuting attorney representing the department pursuant to
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.

2. Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan, or other document
filed or required to be maintained pursuant to sections 644.006 to
644.141 or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required to be maintained pursuant to
sections 644.006 to 644.141 shall, upon conviction, be punished by a fine
of not more than ten thousand dollars, or by imprisonment for not more
than six months, or by both.

3. Any person who willfully or negligently commits any violation set
forth pursuant to subsection 1 of this section shall, upon conviction, be
punished by a fine of not less than two thousand five hundred dollars nor
more than twenty-five thousand dollars per day of violation, or by
imprisonment for not more than one year, or both. Second and successive
convictions for violation of the same provision of this section by any
person shall be punished by a fine of not more than fifty thousand
dollars per day of violation, or by imprisonment for not more than two
years, or both.

4. The liabilities which shall be imposed pursuant to any provision of
sections 644.006 to 644.141 upon persons violating the provisions of
sections 644.006 to 644.141 or any standard, rule, limitation, or
regulation adopted pursuant thereto shall not be imposed due to any
violation caused by an act of God, war, strike, riot, or other
catastrophe. (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1993
S.B. 80, et al., A.L. 2000 S.B. 741, A.L. 2004 H.B. 1433, A.L. 2005 H.B.
58 merged with H.B. 617)

*Transferred 1986; formerly 204.076

(1978) Held, discharging water with a low oxygen level does not
constitute either "pollution" or "contamination" since both require the
addition of contaminants or pollutants. State ex rel. Ashcroft v. Union
Electric Co. (A.), 559 S.W.2d 216.

1. In addition to any other remedy provided by law, upon a
determination by the director that a provision of sections 644.006 to
644.141 or a standard, limitation, order, rule or regulation promulgated
pursuant thereto, 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 and shall not be imposed for
minor violations of sections 644.006 to 644.141 or minor violations of
any standard, limitation, order, rule or regulation promulgated pursuant
to sections 644.006 to 644.141 or minor violations of any term or
condition of a permit issued pursuant to sections 644.006 to 644.141. If
the violation is resolved through conference, conciliation and
persuasion, no administrative penalty shall be assessed unless the
violation has caused, or has the potential to cause, a risk to human
health or to the environment, or has caused or has potential to cause
pollution, or was knowingly committed, or is defined by the United States
Environmental Protection Agency as other than minor. 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 that fails
to state the statute 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.

2. The commission shall promulgate rules and regulations for the
assessment of administrative penalties. The amount of the administrative
penalty assessed per day of violation for each violation under this
section shall not exceed the amount of the civil penalty specified in
section 644.076. Such rules shall reflect the criteria used for the
administrative penalty matrix as provided for in the Resource
Conservation and Recovery Act, 42 U.S.C. 6928(a), Section 3008(a), and
the harm or potential harm which the violation causes, or may cause, the
violator's previous compliance record, and any other factors which the
department may reasonably deem relevant. 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 will 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 or civil
penalty paid pursuant to sections 644.006 to 644.141 shall be handled in
accordance with section 7 of article IX of the state 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.

3. 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 must 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.

4. 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.

5. 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. 1991 S.B. 45, A.L. 1993 S.B. 80, et al.)

It shall be unlawful for any person to operate, use or maintain
and discharge water contaminants from any water contaminant or point
source or wastewater treatment plant unless he holds a permit from the
commission. Any person violating this section shall be deemed guilty of a
misdemeanor and shall be fined upon conviction at least one hundred
dollars and not more than five hundred dollars and shall be required to
apply for such a permit within thirty days. (L. 1982 S.B. 646)

*Transferred 1986; formerly 204.082

1. No officer, agency or department of the state government, or
of any political subdivision of this state shall enter into a contract
with any person required to apply for a permit under the provisions of
section 644.051 unless such person has applied for or received a permit
pursuant to section 644.061.

2. No contract shall be entered into by any such governmental authority
with any person who is held in contempt of any court order enforcing the
provisions of sections 644.006 to 644.141. (L. 1972 S.B. 424, A.L. 1973
S.B. 259, S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.091

In addition to other penalties prescribed in sections 644.006 to
644.141, the state, or any political subdivision or agency thereof, has a
cause of action against any person violating the provisions of sections
644.006 to 644.141 for actual damages, including all costs and expenses
necessary to establish or collect any sums under sections 644.006 to
644.141, and the costs and expenses of restoring any waters of the state
to their condition as they existed before the violation, sustained by it
because of the violation. The action shall be brought by the attorney
general or a prosecuting attorney in any court where an action for
injunctive relief hereunder could be brought. (L. 1972 S.B. 424, A.L.
1973 S.B. 259, S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.096

The state may provide assistance, as funds are available,
pursuant to this chapter, to any county, municipality, public water
district, public sewer district, or any combination of the same, or any
entity eligible pursuant to the Safe Drinking Water Act, as amended, or
the Clean Water Act, as amended, to assist them in the construction of
public drinking water and water pollution control projects as authorized
by the clean water commission. The state may provide assistance pursuant
to this chapter, including but not limited to the purchase of water
and/or wastewater revenue or general obligation bonds, bonds of any
county, instrumentality of the state, state entity, municipality, public
sewer district, public water district, community water system, nonprofit
noncommunity water system or any combination of the same, or any entity
eligible pursuant to the Safe Drinking Water Act, as amended, or the
Clean Water Act, as amended. (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B.
321, A.L. 1982 S.B. 646, A.L. 1987 H.B. 497, A.L. 1991 S.B. 185, A.L.
1993 H.B. 566, A.L. 1998 H.B. 1161, A.L. 2000 S.B. 741)

*Transferred 1986; formerly 204.101

In addition to those sums authorized prior to the effective date
of this section, the board of fund commissioners of the state of
Missouri, as authorized by sections 37(c) and 37(e) of article III of the
Constitution of the state of Missouri, may borrow, on the credit of this
state, the sum of thirty-five million dollars in the manner and for the
purposes set out in chapters 640 and 644, RSMo. The current fifteen
percent matching grant for state revolving loan recipients will terminate
June 30, 1992. (L. 1991 S.B. 185 § 1)

The grant contribution, from funds made available pursuant to
sections 644.500 to 644.561, made toward the cost of such water pollution
control projects shall not exceed fifty-five percent of the estimated
reasonable cost thereof as determined by the clean water commission. The
state may charge interest at or below market rates, on loans made
pursuant to this chapter, except that the state may charge interest on
loan payments, delinquent under the terms of the loan, not exceeding
twenty percent per annum. The state may charge an administrative fee on
assistance made pursuant to this chapter. (L. 1972 S.B. 424, A.L. 1973
S.B. 259, S.B. 321, A.L. 1982 S.B. 646, A.L. 1987 H.B. 497, A.L. 1991
S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.106

The commission is the agency for the administration of such
funds which are available for assistance from the state for this program.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1982 S.B. 646, A.L.
1987 H.B. 497, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.111

The commission's determination of the relative need, the
priority of projects, and the standards of construction shall be based on
rules and regulations as adopted by the commission pursuant to this
chapter for wastewater projects. The clean water commission shall
implement the intended use plan developed by the safe drinking water
commission pursuant to section 640.107, RSMo. (L. 1972 S.B. 424, A.L.
1973 S.B. 259, S.B. 321, A.L. 1982 S.B. 646, A.L. 1998 H.B. 1161)

Effective 6-9-98

*Transferred 1986; formerly 204.116

Small rural communities, as defined by the commission by rule,
shall receive at least twenty percent of the funds when no federal funds
are included in grants or loans made pursuant to section 644.101. (L.
1982 S.B. 646, A.L. 1987 H.B. 497)

*Transferred 1986; formerly 204.117

The commission may adopt such rules, regulations and procedures
to be followed in applying for state assistance herein authorized as
shall be necessary for the effective administration thereof and as
necessary to meet federal requirements. (L. 1972 S.B. 424, A.L. 1973 S.B.
259, S.B. 321, A.L. 1987 H.B. 497, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.121

1. There is hereby created in the state treasury for use of the
department a fund to be known as "The Water and Wastewater Loan Fund".
All moneys received by the department for activities authorized in
subdivisions (1), (3), (4), (5), and (6) of subsection 2 of this section
shall be deposited in the fund for the use of the commission. Moneys
received for the drinking water state revolving fund shall be used for
the purposes identified in the federal Safe Drinking Water Act as amended
and shall be accounted for separately.

2. The commission is hereby authorized to expend or use moneys deposited
in the water and wastewater loan fund, upon appropriation by the general
assembly to the department, for one or more of the following purposes as
the same relate to the construction of public drinking water and water
pollution control projects as authorized by the commission pursuant to
this chapter:

(1) To make loans to any county, instrumentality of the state,
municipality, public water district, public sewer district, community
water system, nonprofit noncommunity water system or any combination of
the same, or any entity eligible pursuant to the Safe Drinking Water Act,
as amended, or the Clean Water Act, as amended;

(2) For the costs of administering programs and projects financed, in
part, by the water and wastewater loan fund;

(3) As a source of revenue or security for the payment of principal and
interest on revenue or general obligation bonds or notes issued by the
state or any agency or instrumentality thereof;

(4) To buy or refinance the debt obligation of any county,
instrumentality of the state, municipality, public water district, public
sewer district, community water system, nonprofit noncommunity water
system, or any combination of the same;

(5) To guarantee, or purchase insurance for, notes or obligations of any
county, instrumentality of the state, municipality, public water
district, public sewer district, community water system, nonprofit
noncommunity water system or any combination of the same, where such
action would improve credit market access or reduce interest rates;

(6) To provide loan guarantees for similar revolving funds established by
any county, instrumentality of the state, municipality, public water
district, public sewer district, or any combination of the same; and

(7) To earn interest on the water and wastewater loan fund accounts.

3. The unexpended balance in the water and wastewater loan fund at the
end of the biennium shall not be transferred to the ordinary revenue fund
of the state treasury and accordingly shall be exempt from the provisions
of section 33.080, RSMo, relating to transfer of funds to the ordinary
revenue funds of the state by the state treasurer.

4. For purposes of this section, public drinking water and water
pollution control projects shall include, but not be limited to, the
planning, design, and construction of water or wastewater facilities, or
both, and the planning, design, and construction of nonpoint source
control facilities identified in a nonpoint source control plan prepared
by the department of natural resources. (L. 1987 H.B. 497, A.L. 1991 S.B.
185, A.L. 1993 H.B. 566, A.L. 1998 H.B. 1161, A.L. 2000 S.B. 741)

Repayment of principal and interest on loans or assistance
awarded from the wastewater loan fund shall be credited to the wastewater
loan fund. Any administrative fees pursuant to section 644.106 shall be
paid to the director of revenue and deposited in the state treasury to
the credit of an appropriate subaccount of the natural resources
protection fund created in section 640.220, RSMo, and, subject to
appropriation by the general assembly, shall be used by the department to
carry out the general administration of programs and projects financed,
in part, by assistance from the water pollution control fund or the
wastewater loan fund. (L. 1987 H.B. 497, A.L. 1991 S.B. 185)

Effective 6-18-91

The state treasurer is authorized to deposit all of the moneys
in the wastewater loan fund in the manner now or hereafter provided in
section 30.260, RSMo. Any interest received on such deposits shall be
credited to the wastewater loan fund. (L. 1987 H.B. 497, A.L. 1991 S.B.
185)

Effective 6-18-91

1. If a county or municipality fails to remit a repayment of
assistance provided from the wastewater loan fund within sixty days of
the due date of the repayment, the department of natural resources may
notify the director of the department of revenue. Upon receipt of such
notice, the director of the department of revenue shall deduct such
repayment amount from the next and succeeding regular apportionments of
local sales tax distributions to that jurisdiction. Such deducted amounts
shall immediately be deposited in the wastewater loan fund.

2. The commission shall require that an agreement be established between
the department of natural resources and the county or municipality
detailing the percentage of the repayment amount to be withheld from each
sales tax fund for each county or municipality by the department of
revenue under this section. The department of natural resources shall
abide by such agreement when notifying the department of revenue to
withhold any funds under this section. (L. 1991 S.B. 185)

Effective 6-18-91

All standards, rules, limitations, regulations, and orders of
the water pollution board presently existing shall remain in effect as
actions of the clean water commission until such time as the clean water
commission may adopt new standards, rules, limitations, and regulations,
which they are hereby instructed to do. (L. 1972 S.B. 424, A.L. 1973 S.B.
259, S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.126

Nothing in sections 644.006 to 644.141 alters or abridges any
right of action now or hereafter existing in law or equity, civil or
criminal, nor is any provision of sections 644.006 to 644.141 construed
as prohibiting any person, as a riparian owner or otherwise, from
exercising his rights to suppress nuisances. (L. 1972 S.B. 424, A.L. 1973
S.B. 259, S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.131

The commission is hereby designated as the water pollution
agency of the state for all purposes of any federal water pollution
control act and may:

(1) Take all necessary or appropriate action to obtain for the state the
benefits of any federal act, or to obtain federal approval of any state
water pollution control program;

(2) Apply for and receive federal funds made available under any federal
act;

(3) Approve projects for which assistance under any federal act is made
to any municipality or agency of the state;

(4) Participate through its authorized representatives in proceedings
under any federal act;

(5) Recommend measures for the reduction of water contamination
originating within the state; and

(6) Recommend to the governor for his designation any areas of the state
which require special action under sections 644.006 to 644.141 or any
federal water pollution control act. The governor shall hereby be
authorized, as provided in section 644.141, to so designate such areas
and establish local agencies or authorities as required by any federal
water pollution control act to carry out the planning and operation for
such areas as required by any federal water pollution control act. (L.
1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.136

1. The governor may designate areas which require special
attention under sections 644.006 to 644.141 or any federal water
pollution control act because of that area's water quality problems as
waste treatment management areas. When an area is so designated by the
governor hereunder, he shall appoint a single representative
organization, unless he deems it necessary to appoint a separate planning
agency and separate management agencies to execute such separate duties
respectively, composed as required under any federal water pollution
control act from that area. Such agencies shall be capable of developing
and/or implementing areawide waste treatment plans for the area, and the
appointed agencies shall have the following appropriate planning and/or
management authority as necessary, subject to approval by the Missouri
clean water commission:

A. PLANNING AUTHORITY. (1) To conduct a planning process to prepare any
waste treatment management plans designated by the governor or as
required by any federal water pollution control act to be consistent with
applicable basin plans and all plans prepared under a statewide
continuing planning process but not limited to authority for:

(a) The development of all plans and planning processes required by this
section, which shall be approved by the Missouri clean water commission,
and certified initially and thereafter annually by the governor and
submitted to federal agencies as required under any federal water
pollution control act;

(b) The identification of treatment works necessary to meet the
anticipated municipal and industrial waste treatment needs of the area
over a twenty-year period, annually updated (including an analysis of
alternative waste treatment systems), including any requirements for the
acquisition of land for treatment purposes; the necessary waste water
collection and urban storm water runoff systems; and a program to provide
the necessary financial arrangements for the development of such
treatment works;

(c) The establishment of construction priorities for such treatment works
and time schedules for the initiation and completion of all treatment
works;

(d) The establishment of a regulatory program to

(i) Implement the areawide waste treatment management requirements of
Section 201(c) of the Federal Water Pollution Control Act Amendments of
1972;

(ii) Regulate the location, modification and construction of any
facilities within such area which may result in any discharge in such
area; and

(iii) Assure that any industrial or commercial wastes discharged into any
treatment works in such area meet applicable pretreatment requirements;

(e) The identification of those agencies necessary to construct, operate,
and maintain all facilities required by the plan and otherwise to carry
out the plan;

(f) The identification of the measures necessary to carry out the plan
(including financing), the period of time necessary to carry out the
plan, the costs of carrying out the plan within such time, and the
economic, social, and environmental impact of carrying out the plan
within such time;

(g) A process to

(i) Identify, if appropriate, agriculturally and silviculturally related
nonpoint sources of pollution, including runoff from manure disposal
areas, and from land used for livestock and crop production; and

(ii) Set forth procedures and methods, including land use requirements,
to control to the extent feasible such sources;

(h) A process to

(i) Identify, if appropriate, mine related sources of pollution,
including new, current, and abandoned surface and underground mine
runoff; and

(ii) Set forth procedures and methods, including land use requirements,
to control to the extent feasible such sources;

(i) A process to

(i) Identify construction activity related sources of pollution; and

(ii) Set forth procedures and methods, including land use requirements,
to control to the extent feasible such sources;

(j) A process to control the disposition of all residual waste generated
in such area which could affect water quality; and

(k) A process to control the disposal of pollutants on land or in
subsurface excavations within such area to protect ground and surface
water quality.

(2) Whenever the governor determines that the state water pollution
control program requires statewide consistency, he shall prepare those
parts of the plan set forth in subparagraphs (f) through (k) above in
lieu of the local agencies.

B. MANAGEMENT AUTHORITY. The waste treatment management agencies,
designated by the governor after consultation with the correlative
planning agency, shall have the following authority:

(a) To carry out appropriate portions of an areawide waste treatment
management plan developed under subsection 1.A above;

(b) To manage effectively waste treatment works and related facilities
serving such area in conformance with any plan required by this section;

(c) Directly or by contract, to design and construct new works, and to
operate and maintain new and existing works as required by any plan
developed pursuant to subsection 1.A of this section;

(d) To accept and utilize grants, or other funds from any source, for
waste treatment management purposes;

(e) To raise revenues, including the assessment of waste treatment
charges;

(f) To incur short- and long-term indebtedness;

(g) To assure in implementation of an areawide waste treatment management
plan that each participating community pays its proportionate share of
treatment costs;

(h) To refuse to receive any wastes from any municipality or subdivision
thereof which does not comply with any provisions of an approved plan
under this section applicable to such area; and

(i) To accept for treatment industrial wastes which meet appropriate
pretreatment standards.

C. INTERSTATE AGENCIES. When the areas designated hereunder are located
in part in other states, the governor may consult and cooperate with the
governors of any other state involved to designate the boundaries of the
area, and appoint representative organizations capable of developing and
implementing an areawide waste treatment management plan for the
interstate area. Any agency formed under this subsection shall have the
same authority and composition as that given agencies under subsection
1.A and/or 1.B above as appropriate.

D. TERMINATION OF AUTHORITY. The governor may remove an area from this
special designation when he determines its water problems no longer
require the special attention provided in this section. The governor may
remove any person appointed to such agencies for cause or designate
another agency to carry out the duties of this section.

2. The clean water commission shall have all authority set forth in
subsections 1.A and 1.B above necessary to accomplish and implement the
state's continuing planning process as required by the Federal Water
Pollution Control Act.

3. The clean water commission shall be the planning agency for all areas
of the state not designated by the governor as special attention waste
treatment management areas in subsection 1 above and shall have all
authority set forth in subsections 1.A and 1.B above as necessary to
perform such duties. (L. 1973 S.B. 321)

Effective 7-23-73

*Transferred 1986; formerly 204.141

Notwithstanding any other provision of law to the contrary, the
clean water commission shall establish procedures for determining whether
remediation of groundwater, based on risk to human health and the
environment, is appropriate for any particular site. The procedures for
making such determination shall be made by rule and shall consider the
following:

(1) Impacts of the groundwater contamination on any public or private
water supply for drinking water;

(2) Likelihood that the contaminated groundwater will be a suitable
public or private water supply based on its potability, background
chemical constituents, or other factors not relating to the contamination;

(3) Impact of the groundwater contamination on any natural spring, or any
water which contributes to a natural spring, which is recognized for its
recreational or aesthetic value and located in a state park, national
park, conservation area, or any area protected by a conservation easement;

(4) The appropriateness of natural attenuation and other methods to
remediate the groundwater contamination; and

(5) Any other scientific factors the commission deems relevant. (L. 1999
S.B. 334)

For all purposes of regulation pursuant to this chapter, the
term "subdivision" shall not refer to any lot of five acres or larger or
any land which is divided or proposed to be divided into lots of five
acres or larger. (L. 1998 S.B. 739)

For the purpose of providing funds for use in this state for the
protection of the environment through the control of water pollution, as
authorized by section 37(b) of article III of the Constitution of the
State of Missouri, the board of fund commissioners of the state of
Missouri is hereby empowered to borrow, on the credit of the state, the
sum of twenty million dollars in the manner provided in sections 644.500
to 644.560. The bonds shall be issued by the state board of fund
commissioners from time to time and in such amounts as may be necessary
to carry on a program by the clean water commission of the state as
determined by the general assembly for the planning, financing, and
constructing of sewage treatment facilities by any county, municipality,
sewer district, or any combination of the same. (L. 1972 S.B. 596 § 1)

Effective 3-29-72

*Transferred 1986; formerly 204.500

1. In addition to those sums authorized prior to September 28,
1983, the board of fund commissioners of the state of Missouri, as
authorized by section 37(c) of article III of the Constitution of the
State of Missouri, is authorized to borrow, on the credit of this state,
the sum of twenty million dollars in the manner and for the purposes set
out in this chapter.

2. For the purposes of sections 644.500 to 644.561 the term "sewage
treatment facilities" shall include any method, process, or equipment
which removes, reduces, or renders less obnoxious water contaminants
released from any source, pipeline or conduits, pumping stations, force
mains, and other structures, devices, appurtenances, and facilities used
for collecting or conducting wastes to an ultimate point for treatment or
handling. (L. 1983 S.B. 239 § 2)

*Transferred 1986; formerly 204.502

1. In addition to those sums authorized prior to August 13,
1984, the board of fund commissioners of the state of Missouri, as
authorized by section 37(c) of article III of the Constitution of the
State of Missouri, is authorized to borrow, on the credit of this state,
the sum of thirty-five million dollars in the manner and for the purposes
set out in this chapter.

2. For the purposes of sections 644.500 to 644.561, the term "sewage
treatment facilities" shall include any method, process, or equipment
which removes, reduces, or renders less obnoxious water contaminants
released from any source, pipeline or conduits, pumping stations, force
mains, and other structures, devices, appurtenances, and facilities used
for collecting or conducting wastes to an ultimate point for treatment or
handling. (L. 1984 S.B. 560 § 1)

*Transferred 1986; formerly 204.503

In addition to those sums authorized prior to September 28,
1987, the board of fund commissioners of the state of Missouri, as
authorized by section 37(c) of article III of the Constitution of the
State of Missouri, is authorized to borrow, on the credit of this state,
the sum of thirty-five million dollars in the manner and for the purposes
set out in this chapter. (L. 1987 S.B. 210 § 204.504)

As evidence of the indebtedness authorized by sections 644.500
to 644.561, there shall be issued, from time to time as occasion may
require, negotiable bonds of the state of Missouri, in bearer form, which
may be registrable as to principal or interest or both, or in fully
registered form. Such bonds may be issued as serial bonds, term bonds, or
a combination of both types. They shall be issued in denominations of one
thousand dollars each, or multiples thereof, and shall bear dates to be
fixed by the board of fund commissioners. They shall bear such rate or
rates of interest and may bear such conversion privileges as may be
determined by the board of fund commissioners. The interest thereon may
be made payable, as determined by the board of fund commissioners. The
bonds shall mature in such annual installment or installments as may be
determined by the board of fund commissioners, provided that no bonds
shall become due later than twenty-five years from the date such bonds
bear. Both principal of and interest on the bonds may be made payable at
such place or places, in or out of the state of Missouri, as the board of
fund commissioners may designate, and if made payable at any place other
than the office of the state treasurer at Jefferson City, Missouri, the
state treasurer is authorized and directed to pay all expenses incident
thereto. Each separate issue of the bonds shall be given a series
designation, either alphabetical or numerical as may be determined by the
board of fund commissioners. For the prompt payment of principal of the
bonds at maturity and the interest thereon as it falls due, the full
faith, credit and resources of the state of Missouri are hereby and
herein irrevocably pledged. The board may prescribe the form, details and
incidents of the bonds, but they shall not be inconsistent with any of
the provisions of sections 644.500 to 644.651. Such bonds may have the
great seal of the state of Missouri impressed thereon or affixed thereto
or imprinted or otherwise reproduced thereon. The bonds may, in the
discretion of the board of fund commissioners, be executed by the
facsimile signature of the governor attested by the great seal of the
state of Missouri, and the facsimile signature of the secretary of state
and countersigned with the facsimile signature of the state treasurer,
but all such bonds shall be executed by the genuine signature of at least
one of such officers; provided that if such bonds are to be authenticated
by the bank or trust company acting as registrar for such bonds by the
manual signature of a duly authorized officer or employee of such bank or
trust company, the governor, secretary of state, and state treasurer
executing and attesting such bonds may all do so by facsimile signature,
provided that such signatures have been duly filed as provided in
sections 105.273 to 105.278, RSMo, when duly authorized by resolution of
the board. The provisions of section 108.175, RSMo, shall not apply to
such bonds. Any coupons attached to the bonds, evidencing the interest
payments to be made thereon, shall be executed by affixing thereon the
facsimile signature of the state treasurer. When directed so to do by the
board of fund commissioners, the state auditor shall provide the bonds to
be issued and lodge them with the state treasurer in whose custody and
charge they shall remain until delivered to the purchaser thereof. The
board shall, by resolution, provide a method for registering any of the
bonds as the title thereto may be transferred, and for paying the
interest thereon as it falls due, and the board shall exchange registered
bonds or bonds payable to bearer whenever requested by the holders
thereof. The bonds, signed, countersigned, endorsed and sealed, as
provided in sections 644.500 to 644.561, when sold, shall be and
constitute valid and binding obligations of the state of Missouri,
although the sale thereof may be made at a date or dates after any
officer whose signature is affixed thereto shall have ceased to be the
incumbent of his office. (L. 1972 S.B. 596 § 2, A.L. 1982 2nd Ex. Sess.
S.B. 4, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.505

Notwithstanding the provisions of section 644.505 or any other
provision to the contrary, bonds evidencing the indebtedness heretofore
authorized by the general assembly pursuant to article III, section
37(b), but not yet issued, may, after December 20, 1982, be issued
bearing such rate or rates of interest as may be determined by the board
of fund commissioners. (L. 1982 2nd Ex. Sess. S.B. 4, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.507

In addition to those sums authorized prior to August 28, 1997,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of thirty
million dollars in the manner and for the purposes set out in chapters
640 and 644, RSMo. (L. 1997 S.B. 176)

In addition to those sums authorized prior to August 28, 1999,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of fifteen
million dollars in the manner and for the purposes set out in chapter
640, RSMo, and this chapter. (L. 1998 H.B. 1161, A.L. 1999 H.B. 450)

When the bonds shall have been issued, they shall be registered
in the office of the state auditor in a book to be provided by him for
that purpose, and he shall endorse on each bond his certificate that in
the issuance thereof all of the conditions of the law have been complied
with, and shall sign such certificate and authenticate the same with the
seal of his office. (L. 1972 S.B. 596 § 3)

Effective 3-29-72

*Transferred 1986; formerly 204.510

When the bonds shall have been issued, they shall be registered
in the office of the state auditor in a book to be provided by him for
that purpose, and he shall endorse on each bond his certificate that in
the issuance thereof all of the conditions of the law have been complied
with, and shall sign such certificate and authenticate the same with the
seal of his office. (L. 1973 S.B. 286 § 3)

Effective 7-23-73

*Transferred 1986; formerly 204.511

The board of fund commissioners shall offer such bonds at public
sale, and shall provide such method as it may deem necessary for the
advertisement of the sale of each issue of the bonds before the same are
sold, and shall require a deposit of such sum with each bid as will in
its judgment be sufficient to guarantee the fulfillment thereof and
generally shall conduct the sale or sales under such rules and
regulations as shall to it seem advisable, provided the same are
consistent with sections 644.500 to 644.560. The board may reserve the
right to reject any and all bids. The proceeds thereof shall be paid into
the state treasury as herein provided. No bond issue issued under
sections 644.500 to 644.560 shall be sold at less than its face value and
accrued interest from date of issue to date of delivery. All expenses
incurred by the board of fund commissioners in issuing the bonds, or any
part thereof, and attending the placing of the bonds on the market in a
marketable condition, shall be paid by the state treasurer out of the
proceeds of the sale of the bonds upon warrants drawn by the commissioner
of administration to persons entitled thereto. (L. 1972 S.B. 596 § 4)

Effective 3-29-72

*Transferred 1986; formerly 204.515

The board of fund commissioners shall offer such bonds at public
sale, and shall provide such method as it may deem necessary for the
advertisement of the sale of each issue of the bonds before the same are
sold, and shall require a deposit of such sum with each bid as will in
its judgment be sufficient to guarantee the fulfillment thereof and
generally shall conduct the sale or sales under such rules and
regulations as shall to it seem advisable, provided the same are
consistent with sections 644.501, 644.511, 644.516, 644.521, 644.526,
644.531, 644.541, 644.546, 644.551, 644.556 and 644.561. The board may
reserve the right to reject any and all bids. The proceeds thereof shall
be paid into the state treasury as herein provided. No bond issue issued
under sections 644.501, 644.511, 644.516, 644.521, 644.526, 644.531,
644.541, 644.546, 644.551, 644.556 and 644.561 shall be sold at less than
its face value and accrued interest from date of issue to date of
delivery. All expenses incurred by the board of fund commissioners in
issuing the bonds, or any part thereof, and attending the placing of the
bonds on the market in a marketable condition shall be paid by the state
treasurer out of the proceeds of the sale of the bonds upon warrants
drawn by the commissioner of administration to persons entitled thereto.
(L. 1973 S.B. 286 § 4, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.516

The moneys realized from the sale of bonds under the provisions
of sections 644.500 to 644.560 shall be paid into the state treasury, to
the credit of the "Water Pollution Control Fund", and shall be
appropriated by the general assembly for the purposes for which the bonds
are hereinabove authorized to be issued and for the payment of all
necessary expenses incidental thereto. (L. 1972 S.B. 596 § 5)

Effective 3-29-72

*Transferred 1986; formerly 204.520

The moneys realized from the sale of bonds under the provisions
of sections 644.501, 644.511, 644.516, 644.521, 644.526, 644.531,
644.541, 644.546, 644.551, 644.556, and 644.561 shall be paid into the
state treasury to the credit of the water pollution control fund, and
shall be appropriated by the general assembly for the purposes for which
the bonds are hereinabove authorized to be issued and for the payment of
all necessary expenses incidental thereto. (L. 1973 S.B. 286 § 5, A.L.
1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.521

The state treasurer, with the approval of the board of fund
commissioners, is authorized to invest all of the moneys credited to the
water pollution control fund as he, in the exercise of his best judgment,
determines to be in the best overall interest of the people of the state
of Missouri. Any interest received on such deposits shall be credited to
the water pollution control fund. (L. 1973 S.B. 286 § 6, A.L. 1983 S.B.
239)

*Transferred 1986; formerly 204.526

There is hereby created in and for the state treasury for the
state of Missouri a fund to be known and designated as "The Water
Pollution Control Bond and Interest Fund". Upon the issuance of the bonds
or any portion thereof, the state board of fund commissioners shall
notify the commissioner of administration of the amount of money
required, in the remaining portion of the fiscal year during which the
bonds have been issued, for the payment of interest on the bonds, and of
the amount of money required for the payment of interest on the bonds in
the next succeeding fiscal year, and to pay the bonds as they mature.
Thereafter, within thirty days after the beginning of each fiscal year,
the state board of fund commissioners shall notify the commissioner of
administration of the amount of money required for the payment of
interest on the bonds in the next succeeding fiscal year and to pay the
bonds maturing in such next succeeding fiscal year. It shall be the duty
of the commissioner of administration to transfer, at least monthly, from
the state revenue fund, after deducting therefrom the proportionate part
thereof appropriated for the support of the free public schools, and to
the credit of the water pollution control bond and interest fund such sum
as may be necessary from time to time until there shall have been
transferred to said fund, the amount so certified to him by the state
board of fund commissioners, as hereinabove provided. (L. 1972 S.B. 596 §
7)

Effective 3-29-72

*Transferred 1986; formerly 204.530

Upon the issuance of the bonds or any portion thereof authorized
by sections 644.501, 644.511, 644.516, 644.521, 644.526, 644.531,
644.541, 644.546, 644.551, 644.556 and 644.561, the state board of fund
commissioners shall notify the commissioner of administration of the
amount of money required, in the remaining portion of the fiscal year
during which the bonds have been issued, for the payment of interest on
the bonds, and of the amount of money required for the payment of
interest on the bonds in the next succeeding fiscal year, and to pay the
bonds as they mature. Thereafter, within thirty days after the beginning
of each fiscal year, the state board of fund commissioners shall notify
the commissioner of administration of the amount of money required for
the payment of interest on the bonds in the next succeeding fiscal year,
and to pay the bonds maturing in such next succeeding fiscal year. It
shall be the duty of the commissioner of administration to transfer, at
least monthly, from the state revenue fund, after deducting therefrom the
proportionate part thereof appropriated for the support of the free
public schools, and to the credit of the water pollution control bond and
interest fund heretofore created, such sum as may be necessary from time
to time until there shall have been transferred to said fund the amount
so certified to him by the state board of fund commissioners as
hereinabove provided. (L. 1973 S.B. 286 § 7, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.531

The state treasurer, with the approval of the board of fund
commissioners, is authorized to deposit all of the moneys in the water
pollution control bond and interest fund in the manner now or hereafter
provided in section 30.260, RSMo. Interest received on such deposits
shall be credited to the water pollution control bond and interest fund.
(L. 1972 S.B. 596 § 8, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.535

If at any time after the issuance of any of the bonds it shall
become apparent to the commissioner of administration that the funds
available in the state revenue fund will not be sufficient for the
payment of the sinking fund and interest on outstanding obligations of
the state and for the purpose of public education and the principal and
interest maturing and accruing on the bonds during the next succeeding
fiscal year, a direct tax shall be levied upon all taxable tangible
property in the state for the payment of the bonds and the interest that
will accrue thereon. In such event, it shall be the duty of the
commissioner of administration annually, on or before the first day of
July, to determine the rate of taxation necessary to be levied upon all
taxable tangible property within the state to raise the amount of money
needed to pay the principal of and interest on the bonds maturing and
accruing in the next succeeding fiscal year, taking into consideration
available funds, delinquencies and costs of collection. The commissioner
of administration shall annually certify the rate of taxation so
determined to the county clerk of each county and to the comptroller or
other officer in the city of St. Louis whose duty it shall be to make up
and certify the tax books wherein are extended the ad valorem state
taxes. It shall be the duty of the county clerks and of the comptroller
or other proper officer in the city of St. Louis to extend upon the tax
book the taxes to be collected and to certify the same to the collectors
of the revenue of their respective counties and of the city of St. Louis,
who shall collect such taxes at the same time and in the same manner and
by the same means as are now or may hereafter be provided by law for the
collection of state and county taxes, and to pay the same into the state
treasury for the credit of the water pollution control bond and interest
fund. (L. 1972 S.B. 596)

Effective 3-29-72

*Transferred 1986; formerly 204.540

If at any time after the issuance of any of the bonds it shall
become apparent to the commissioner of administration that the funds
available in the state revenue fund will not be sufficient for the
payment of the sinking fund and interest on outstanding obligations of
the state and for the purpose of public education and the principal and
interest maturing and accruing on the bonds during the next succeeding
fiscal year, a direct tax shall be levied upon all taxable tangible
property in the state for the payment of the bonds and the interest that
will accrue thereon. In such event, it shall be the duty of the
commissioner of administration annually, on or before the first day of
July, to determine the rate of taxation necessary to be levied upon all
taxable tangible property within the state to raise the amount of money
needed to pay the principal of and interest on the bonds maturing and
accruing in the next succeeding fiscal year, taking into consideration
available funds, delinquencies and costs of collection. The commissioner
of administration shall annually certify the rate of taxation so
determined to the county clerk of each county and to the comptroller or
other officer in the city of St. Louis whose duty it shall be to make up
and certify the tax books wherein are extended the ad valorem state
taxes. It shall be the duty of the county clerks and of the comptroller
or other proper officer in the city of St. Louis to extend upon the tax
book the taxes to be collected and to certify the same to the collectors
of the revenue of their respective counties and of the city of St. Louis,
who shall collect such taxes at the same time and in the same manner and
by the same means as are now or may hereafter be provided by law for the
collection of state and county taxes, and to pay the same into the state
treasury for the credit of the water pollution control bond and interest
fund. (L. 1973 S.B. 286 § 9)

Effective 7-23-73

*Transferred 1986; formerly 204.541

All funds paid into the water pollution control bond and
interest fund shall be and stand appropriated without legislative action
to the payment of principal and interest of the bonds, there to remain
until paid out in discharge of the principal of the bonds and interest
accruing thereon, and no part of such funds shall be used for any other
purpose so long as any of the principal of the bonds and the interest
thereon shall be unpaid. (L. 1972 S.B. 596 § 10)

Effective 3-29-72

*Transferred 1986; formerly 204.545

All funds paid into the water pollution control bond and
interest fund shall be and stand appropriated without legislative action
to the payment of principal and interest of the bonds, there to remain
until paid out in discharge of the principal of the bonds and the
interest accruing thereon, and no part of such funds shall be used for
any other purpose so long as any of the principal of the bonds and the
interest thereon shall be unpaid. (L. 1973 S.B. 286 § 10)

Effective 7-23-73

*Transferred 1986; formerly 204.546

All bonds herein authorized to be issued shall be paid at
maturity and all interest accruing thereon shall be paid when it falls
due by the state treasurer, at a place designated in the bonds and
coupons attached. Thirty days before any of the bonds mature and any of
the interest thereon falls due, it shall be the duty of the board of fund
commissioners to draw its requisition for the amount necessary to pay
such interest on the bonds and the principal of maturing bonds and the
necessary expenses to be incurred in transmitting such moneys. Whereupon
the commissioner of administration shall certify the amount to the state
auditor and the state auditor shall issue his warrant upon the state
treasurer therefor in favor of the president of the board of fund
commissioners, payable out of the water pollution control bond and
interest fund; and the warrant so drawn shall be delivered to the state
treasurer who shall transmit the amount of money therein specified to the
paying agent named in the bonds with instructions to place such money to
the credit of the board of fund commissioners for the payment of interest
or principal of such bonds. Whenever in the opinion of the board of fund
commissioners it is advisable to do so, and there are sufficient funds
therefor, the board may redeem any of the bonds before maturity if the
holders thereof agree thereto, and may also purchase any of the bonds in
the open market whenever funds are available and in the opinion of the
board it is to the advantage of the state to do so; but, in the event any
of the bonds are redeemed before maturity, the purchase price shall not
exceed the face value of said bonds plus accrued interest not previously
paid. (L. 1972 S.B. 596 § 11)

Effective 3-29-72

*Transferred 1986; formerly 204.550

All bonds herein authorized to be issued shall be paid at
maturity and all interest accruing thereon shall be paid when it falls
due by the state treasurer, at a place designated in the bonds and
coupons attached. Thirty days before any of the bonds mature and any of
the interest thereon falls due, it shall be the duty of the board of fund
commissioners to draw its requisition for the amount necessary to pay
such interest on the bonds and the principal of maturing bonds and the
necessary expenses to be incurred in transmitting such moneys. Whereupon
the commissioner of administration shall certify the amount to the state
auditor, and the state auditor shall issue his warrant upon the state
treasurer therefor in favor of the president of the board of fund
commissioners, payable out of the water pollution control bond and
interest fund; and the warrant so drawn shall be delivered to the state
treasurer who shall transmit the amount of money therein specified to the
paying agent named in the bonds with instructions to place such money to
the credit of the board of fund commissioners for the payment of interest
or principal of such bonds. Whenever in the opinion of the board of fund
commissioners it is advisable to do so, and there are sufficient funds
therefor, the board may redeem any of the bonds before maturity if the
holders thereof agree thereto, and may also purchase any of the bonds in
the open market whenever funds are available and in the opinion of the
board it is to the advantage of the state to do so; but, in the event any
of the bonds are redeemed before maturity, the purchase price shall not
exceed the face value of said bonds plus accrued interest not previously
paid. (L. 1973 S.B. 286 § 11)

Effective 7-23-73

*Transferred 1986; formerly 204.551

The state treasurer shall, in his report, furnish to the general
assembly, from time to time, a detailed statement of the total amount of
bonds and the total amount of the proceeds thereof, the expense of
collection and the amounts used to carry out the provisions of sections
644.500 to 644.560. (L. 1972 S.B. 596 § 12)

Effective 3-29-72

*Transferred 1986; formerly 204.555

The state treasurer shall, in his report, furnish to the general
assembly from time to time a detailed statement of the total amount of
bonds and the total amount of the proceeds thereof, the expense of
collection and the amounts used to carry out the provisions of sections
644.501, 644.511, 644.516, 644.521, 644.526, 644.531, 644.541, 644.546,
644.551, 644.556 and 644.561. (L. 1973 S.B. 286 § 12, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.556

Bonds herein provided for shall be issued by the board of fund
commissioners from time to time as funds are required to meet
expenditures under appropriations made by the general assembly for the
purposes for which the bonds are authorized to be issued. Any action
taken or proceedings had by the board of fund commissioners with
reference to the issuance of the bonds or any part thereof shall be by
resolution adopted by a majority of all the members of the board, but no
bonds shall be authorized to be sold under the provisions of sections
644.500 to 644.560 without the written consent of the governor of this
state. (L. 1972 S.B. 596 § 13)

Effective 3-29-72

*Transferred 1986; formerly 204.560

Bonds herein provided for shall be issued by the board of fund
commissioners from time to time as funds are required to meet
expenditures under appropriations made by the general assembly for the
purposes for which the bonds are authorized to be issued. Any action
taken or proceedings had by the board of fund commissioners with
reference to the issuance of the bonds or any part thereof shall be by
resolution adopted by a majority of all the members of the board, but no
bonds shall be authorized to be sold under the provisions of sections
644.501, 644.511, 644.516, 644.521, 644.526, 644.531, 644.541, 644.546,
644.551, 644.556 and 644.561 without the written consent of the governor
of this state. (L. 1973 S.B. 286 § 13, A.L. 1991 S.B. 185)

Effective 6-18-91

*Transferred 1986; formerly 204.561

1. In addition to those sums authorized prior to June 6, 1989,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the State of
Missouri, is authorized to borrow, on the credit of this state, the sum
of thirty million dollars in the manner and for the purposes set out in
chapter 640, RSMo, and this chapter. The department shall allocate these
funds for the following purposes: water pollution control projects; storm
water control projects; rural water and sewer grants; urban drinking
water and emergency drought relief.

2. Pursuant to chapter 640, RSMo, moneys shall be expended for emergency
drought relief as follows:

(1) Connection of the public water system to other public water systems;

(2) Any other purpose directly related to the provision of water to
public water systems under drought.

3. Any public water system affected by a water shortage caused by a lack
of rainfall may apply to the department of natural resources for
assistance under this act*. The application shall be in a form and shall
provide such information as required by the department. The department
shall review and rank applications and may provide grants or loans to the
affected public water system or systems. In evaluating applications, the
department shall consider the seriousness of the water shortage, the
number of people affected, the ability of the public water system to
repay a loan, and such other matters as it deems material to the
application. (L. 1989 S.B. 444 § 1)

Effective 6-6-89

*"This act" (S.B. 444, 1989) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

In addition to those sums authorized prior to August 28, 1998,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of two and one-
half million dollars in the manner and for the purpose of financing and
constructing improvements as set out in chapter 640, RSMo, and this
chapter. (L. 1999 H.B. 450)

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

1. In addition to those sums authorized prior to the August 28,
1999, the board of fund commissioners of the state of Missouri, as
authorized by section 37(e) of article III of the Constitution of the
state of Missouri, may borrow on the credit of this state the sum of two
and one- half million dollars in the manner and for the purpose of
financing and constructing improvements as set out in chapter 640, RSMo,
and this chapter.

2. In addition to those sums authorized prior to August 28, 1999, the
board of fund commissioners of the state of Missouri, as authorized by
section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of fifteen
million dollars in the manner and for the purposes set out in chapter
640, RSMo, and this chapter. (L. 1999 S.B. 160 & 82)

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

In addition to those sums authorized prior to August 28, 1998,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(g) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars for the purposes of financing and constructing improvements as
set out in chapter 640, RSMo, and in this chapter. The department shall
allocate these funds to counties, municipalities, sewer districts, water
districts, or any combination of the same to provide grants and loans for
rural water and sewer projects. (L. 1999 H.B. 450)

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

In addition to those sums authorized prior to August 28, 1999,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(g) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars for the purposes of financing and constructing improvements as
set out in this chapter. The department shall allocate these funds to
counties, municipalities, sewer districts, water districts, or any
combination of the same to provide grants and loans for rural water and
sewer projects. (L. 1999 S.B. 160 & 82)

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

1. The board of fund commissioners of the state of Missouri, as
authorized by section 37(h) of article III of the Constitution of the
state of Missouri, may borrow on the credit of this state the sum of
twenty million dollars for the purposes of financing and constructing
storm water control plans, studies and projects as set out in this
chapter. The department shall allocate these funds through grants and
loans to municipalities, sewer districts, sewer districts established
pursuant to article VI, section 30(a) of the Missouri Constitution, water
districts, or any combination of the same located in a county of the
first classification or in any city not within a county or by any county
of the first classification.

2. Of the funds allocated in subsection 1 of this section, fifty percent
shall be allocated to grants and fifty percent shall be allocated to
loans. Grant amounts so awarded shall be fifty percent of the cost of the
plan, study or project.

3. Grants and loans awarded pursuant to this section shall be disbursed
to eligible recipients in counties of the first classification and in a
city not within a county in an amount equal to the percentage ratio that
the population of the recipient county or city bears to the total
population of all counties of the first classification and cities not
within a county as determined by the last decennial census.

4. Grants and loans awarded pursuant to this section shall be disbursed
directly to eligible recipients in any city with a population of at least
twenty-five thousand inhabitants located in a county of the first
classification in an amount equal to the percentage ratio that the
recipient's population bears to the total population of the county.

5. Other provisions of this section notwithstanding, in those cities or
counties served by a sewer district established pursuant to article VI,
section 30(a) of the Constitution of the state of Missouri, any grants or
loans awarded shall be disbursed directly to such district. (L. 1999 H.B.
450)

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

1. The board of fund commissioners of the state of Missouri, as
authorized by section 37(h) of article III of the Constitution of the
state of Missouri, may borrow on the credit of this state the sum of
twenty million dollars for the purposes of financing and constructing
storm water control plans, studies and projects as set out in this
chapter. The department shall allocate these funds through grants and
loans to municipalities, sewer districts, sewer districts established
pursuant to article VI, section 30(a) of the Missouri Constitution, water
districts, or any combination of the same located in a county of the
first classification or in any city not within a county or by any county
of the first classification.

2. Of the funds allocated in subsection 1 of this section, fifty percent
shall be allocated to grants and fifty percent shall be allocated to
loans. Grant amounts so awarded shall be fifty percent of the cost of the
plan, study or project.

3. Grants and loans awarded pursuant to this section shall be disbursed
to eligible recipients in counties of the first classification and in a
city not within a county in an amount equal to the percentage ratio that
the recipient's population bears to the total population of all counties
of the first classification and cities not within a county as determined
by the last decennial census.

4. Grants and loans awarded pursuant to this section shall be disbursed
directly to eligible recipients in any city with a population of at least
twenty-five thousand inhabitants located in a county of the first
classification in an amount equal to the percentage ratio that the
recipient's population bears to the total population of the county.

5. Other provisions of this section notwithstanding, in those cities or
counties served by a sewer district established pursuant to article VI,
section 30(a) of the Constitution of the state of Missouri, any grants or
loans awarded shall be disbursed directly to such district. (L. 1999 S.B.
160 & 82)

*This section was enacted by both H.B. 450 and S.B. 160 & 82 during the
1st Regular Session of the 90th General Assembly, 1999. Due to possible
conflict, both versions are printed here.

In addition to those sums authorized prior to August 28, 2000,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and this chapter. (L. 2000 S.B. 741)

In addition to those sums authorized prior to August 28, 2002,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and this chapter. (L. 2001 H.B. 501 § 1 merged with S.B. 256 §
1)

In addition to those sums authorized prior to August 28, 2000,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(g) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of twenty
million dollars in the manner described, and for the purposes set out, in
chapter 640, RSMo, and in this chapter. (L. 2000 S.B. 741)

In addition to those sums authorized prior to August 28, 2002,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(g) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and in this chapter. (L. 2001 H.B. 501 § 2 merged with S.B.
256 § 2)

In addition to those sums authorized prior to August 28, 2000,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(h) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of forty million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and in this chapter. (L. 2000 S.B. 741)

In addition to those sums authorized prior to August 28, 2002,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(h) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of twenty
million dollars in the manner described, and for the purposes set out, in
chapter 640, RSMo, and in this chapter. (L. 2001 H.B. 501 § 3 merged with
S.B. 256 § 3)

In addition to those sums authorized prior to August 28, 2003,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and this chapter. (L. 2002 S.B. 984 & 985)

In addition to those sums authorized prior to August 28, 2003,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(g) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and in this chapter. (L. 2002 S.B. 984 & 985)

In addition to those sums authorized prior to August 28, 2003,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(h) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of twenty
million dollars in the manner described, and for the purposes set out, in
chapter 640, RSMo, and in this chapter. (L. 2002 S.B. 984 & 985)

In addition to those sums authorized prior to August 28, 2004,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and this chapter. (L. 2004 S.B. 987)

In addition to those sums authorized prior to August 28, 2004,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(g) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and in this chapter. (L. 2004 S.B. 987)

In addition to those sums authorized prior to August 28, 2004,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(h) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of twenty
million dollars in the manner described, and for the purposes set out, in
chapter 640, RSMo, and in this chapter. (L. 2004 S.B. 987)

In addition to those sums authorized prior to August 28, 2006,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(e) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and in this chapter. (L. 2005 S.B. 246)

In addition to those sums authorized prior to August 28, 2006,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(g) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of ten million
dollars in the manner described, and for the purposes set out, in chapter
640, RSMo, and in this chapter. (L. 2005 S.B. 246)

In addition to those sums authorized prior to August 28, 2006,
the board of fund commissioners of the state of Missouri, as authorized
by section 37(h) of article III of the Constitution of the state of
Missouri, may borrow on the credit of this state the sum of twenty
million dollars in the manner described, and for the purposes set out, in
chapter 640, RSMo, and in this chapter. (L. 2005 S.B. 246)

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