Missouri Statute | Act | Code |Public Safety And Morals| US Code - US Statute

Sections 319.010 through 319.050 shall be known as the
"Underground Facility Safety and Damage Prevention Act". (L. 1976 S.B.
583 § 1)

For the purposes of sections 319.010 to 319.050, the following
terms mean:

(1) "Approximate location", a strip of land not wider than the width of
the underground facility plus two feet on either side thereof. In
situations where reinforced concrete, multiplicity of adjacent facilities
or other unusual specified conditions interfere with location attempts,
the owner or operator shall designate to the best of his or her ability
an approximate location of greater width;

(2) "Excavation", any operation in which earth, rock or other material in
or on the ground is moved, removed or otherwise displaced by means of any
tools, equipment or explosives and includes, without limitation,
backfilling, grading, trenching, digging, ditching, drilling,
well-drilling, augering, boring, tunneling, scraping, cable or pipe
plowing, plowing-in, pulling-in, ripping, driving, and demolition of
structures, except that, the use of mechanized tools and equipment to
break and remove pavement and masonry down only to the depth of such
pavement or masonry, the use of high-velocity air to disintegrate and
suction to remove earth, rock and other materials, and the tilling of
soil for agricultural or seeding purposes shall not be deemed excavation.
Backfilling or moving earth on the ground in connection with other
excavation operations at the same site shall not be deemed separate
instances of excavation;

(3) "Marking", the use of stakes, paint or other clearly identifiable
materials to show the field location of underground facilities, or the
area of proposed excavation, in accordance with the color code standard
of the American Public Works Association. Unless otherwise provided by
the American Public Works Association, the following color scheme shall
be used: blue for potable water; purple for reclaimed water, irrigation
and slurry lines; green for sewers and drain lines; red for electric,
power lines, cables, conduit and lighting cables; orange for
communications, including telephone, cable television, alarm or signal
lines, cable or conduit; yellow for gas, oil, steam, petroleum or gaseous
materials; white for proposed excavation; pink for temporary marking of
construction project site features such as centerline and top of slope
and toe of slope;

(4) "Notification center", a statewide organization operating twenty-
four hours a day, three hundred sixty-five days a year on a
not-for-profit basis, supported by its participants, or by more than one
operator of underground facilities, having as its principal purpose the
statewide receipt and dissemination to participating owners and operators
of underground facilities of information concerning intended excavation
activities in the area where such owners and operators have underground
facilities, and open to participation by any and all such owners and
operators on a fair and uniform basis. Such notification center shall be
governed by a board of directors elected by the membership and composed
of representatives from each general membership group;

(5) "Permitted project", a project for which a permit for the work to be
performed is required to be issued by a local, state or federal agency
and, as a prerequisite to receiving such permit, the applicant is
required to locate all underground facilities in the area of the work and
in the vicinity of the excavation and is required to notify each owner of
such underground facilities;

(6) "Person", any individual, firm, joint venture, partnership,
corporation, association, cooperative, municipality, political
subdivision, governmental unit, department or agency and shall include a
notification center and any trustee, receiver, assignee or personal
representative thereof;

(7) "Pipeline facility" includes, without limitation, new and existing
pipe, rights-of-way, and any equipment, facility, or building used or
intended for use in the transportation of gas or the treatment of gas, or
used or intended for use in the transportation of hazardous liquids
including petroleum, or petroleum products;

(8) "Preengineered project", a project which is approved by an agency or
political subdivision of the state and for which the agency or political
subdivision responsible for the project, as part of its engineering and
contract procedures, holds a meeting prior to the commencement of any
construction work on such project and in such meeting all persons
determined by the agency or political subdivision to have underground
facilities located within the excavation area of the project are invited
to attend and given an opportunity to verify or inform any agency or
political subdivision of the location of their underground facilities, if
any, within the excavation area and where the location of all known
underground facilities are duly located or noted on the engineering
drawing as specifications for the project;

(9) "Residential property", any real estate used or intended to be used
as a residence by not more than four families on which no underground
facilities exist which are owned or operated by any party other than the
owner of said property;

(10) "Underground facility", any item of personal property which shall be
buried or placed below ground for use in connection with the storage or
conveyance of water, storm drainage, sewage, telecommunications service,
cable television service, electricity, oil, gas, hazardous liquids or
other substances, and shall include but not be limited to pipes, sewers,
conduits, cables, valves, lines, wires, manholes, attachments and those
portions of pylons or other supports below ground that are within any
public or private street, road or alley, right-of-way dedicated to the
public use or utility easement of record, or prescriptive easement;
except that where gas distribution lines or electric lines,
telecommunications facilities, cable television facilities, water service
lines, water system, storm drainage or sewer system lines are and such
lines or facilities are owned solely by the owner or owners of such
property, such lines or facilities receiving service shall not be
considered underground facilities for purposes of this chapter; provided,
however, for railroads regulated by the Federal Railroad Administration,
"underground facility" as used in sections 319.015 to 319.050 shall not
include any excavating done by a railroad when such excavating is done
entirely on land which the railroad owns or on which the railroad
operates, or in the event of emergency, on adjacent land;

(11) "Working day", every day, except Saturday, Sunday or a legally
declared local, state or federal holiday. (L. 1976 S.B. 583 § 2, A.L.
1991 S.B. 214 & 264, A.L. 2001 H.B. 425)

*1. Owners and operators of underground pipeline facilities in
compliance with federal law shall, and owners and operators of other
underground facilities may, participate in a notification center. The
provisions of this subsection shall expire on December 31, 2002.

2. All owners and operators of underground facilities which are located
in a county of the first classification or second classification within
the state who are not members of a notification center on August 28,
2001, shall become participants in the notification center prior to
January 1, 2003. Any person who installs or otherwise becomes an owner or
operator of an underground facility which is located within a county of
the first classification or second classification on or after January 1,
2003, shall become a participant in the notification center within thirty
days of acquiring or operating such underground facility. Beginning
January 1, 2003, all owners and operators of underground facilities which
are located in a county of the first classification or second
classification within the state shall maintain participation in the
notification center.

3. All owners and operators of underground facilities which are located
in a county of the third classification or fourth classification within
the state who are not members of a notification center on August 28,
2001, shall become participants in the notification center prior to
January 1, 2005. Any person who installs or otherwise becomes an owner or
operator of an underground facility which is located within a county of
the third classification or fourth classification on or after January 1,
2005, shall become a participant in the notification center within thirty
days of acquiring or operating such underground facility. Beginning
January 1, 2005, all owners and operators of underground facilities which
are located in a county of the third classification or fourth
classification within the state shall maintain participation in the
notification center.

4. The notification center shall maintain in its offices and make
available to any person upon request a current list of the names and
addresses of each owner and operator participating in the notification
center, including the county or counties wherein each owner or operator
has underground facilities. The notification center may charge a
reasonable fee to persons requesting such list as is necessary to recover
the actual costs of printing and mailing.

5. Excavators shall be informed of the availability of the list of
participants in the notification center required in subsection 3 of this
section in the manner provided for in section 319.024.

6. An annual audit or review of the notification center shall be
performed by a certified public accountant and a report of the findings
submitted to the speaker of the house of representatives and the
president pro tem of the senate. (L. 1991 S.B. 214 & 264, A.L. 2001 H.B.
425)

*Subsection 1 of this section expires 12-31-02

1. Except for owners and operators who are participants in a
notification center which maintains and makes available a current list of
participants, pursuant to section 319.022, all owners and operators
having underground facilities within a county shall file with the
recorder of deeds in any such county a notice that such owner or operator
has underground facilities located within the county and the address and
the telephone number of the person or persons from whom information about
the location of such underground facilities may be obtained.

2. The recorder of deeds shall maintain a current list of all owners and
operators who have filed statements pursuant to this chapter and shall
make copies of such list available to any person upon request.

3. The provisions of this section shall expire on December 31, 2002. (L.
1991 S.B. 214 & 264, A.L. 2001 H.B. 425)

Expires 12-31-02

1. Every person owning or operating an underground facility
shall assist excavators and the general public in determining the
location of underground facilities before excavation activities are begun
or as may be required by subsection 6 of section 319.026 or subsection 1
of section 319.030 after an excavation has commenced. Methods of
informing the public and excavators of the means of obtaining such
information may, but need not, include advertising, including advertising
in periodicals of general circulation or trade publications, information
provided to professional or trade associations which routinely provide
information to excavators or design professionals, or sponsoring meetings
of excavators and design professionals for such purposes. Information
provided by the notification center on behalf of persons owning or
operating an underground facility shall be deemed in compliance with this
section by such persons. Every person owning or operating underground
facilities who has a written policy in determining the location of its
underground facilities shall make available a copy of said policy to any
person upon request.

2. Every person owning or operating underground pipeline facilities
shall, in addition to the requirements of subsection 1 of this section:

(1) Identify on a current basis, persons who normally engage in
excavation activities in the area in which the pipeline is located. Every
such person who is a participant in a notification center shall be deemed
to comply with this subdivision if such notification center maintains and
updates a list of the names and addresses of all excavators who have
given notice of intent to excavate to such notification center during the
previous five years and provided the notification center shall, not less
frequently than annually, provide public notification and actual
notification to all excavators on such list of the existence and purpose
of the notification center, and procedures for obtaining information from
the notification center;

(2) Either directly or through the notification center, notify excavators
and the public in the vicinity of his or her underground pipeline
facility of the availability of the notification center by including the
information set out in subsection 1 of section 319.025, in notifications
required by the safety rules of the Missouri public service commission
relating to its damage prevention program;

(3) Notify excavators annually who give notice of their intent to
excavate of the type of marking to be provided and how to identify the
markings. (L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425)

1. Except as provided in sections 319.030 and 319.050, a person
shall not make or begin any excavation in any public street, road or
alley, right-of-way dedicated to the public use or utility easement of
record or within any private street or private property without first
giving notice to and obtaining information concerning the possible
location of any underground facilities which may be affected by said
excavation from each and every owner and operator of underground
facilities whose name appears on the current list of participants in the
notification center. Prior to January 1, 2003, a person shall not make or
begin any excavation pursuant to this subsection without also making
notice to owners or operators of underground facilities which do not
participate in a notification center and whose name appears on the
current list of the recorder of deeds in and for the county in which the
excavation is to occur. Beginning January 1, 2003, notice to the
notification center of proposed excavation shall be deemed notice to all
owners and operators of underground facilities. The notice referred to in
this section shall comply with the provisions of section 319.026.

2. An excavator's notice to owners and operators of underground
facilities participating in the notification center pursuant to section
319.022 is ineffective for purposes of subsection 1 of this section
unless given to such notification center. Prior to January 1, 2003, the
notice required by subsection 1 of this section shall be given directly
to owners or operators of underground facilities who are not represented
by a notification center.

3. If the excavator is engaged in trenching, ditching, drilling,
well-drilling or -driving, augering or boring and, if upon notification
by the excavator pursuant to section 319.026, the owner or operator
notifies the excavator that the area of excavation cannot be determined
from the description provided by the excavator, the excavator shall mark
the proposed area of excavation prior to marking of location by the owner
or operator of the facility. For any excavation, as defined in section
319.015, if the owner or operator notifies the excavator that the area of
excavation cannot be determined from the description provided by the
excavator through the notice required by this section, the owner or
operator may require the excavator to provide project plans to the owner
or operator, or meet on the site of the excavation with representatives
of the owner or operator as provided by subsection 1 of section 319.030.
The provisions of this subsection shall not apply to owners of
residential property performing excavations on their own property. (L.
1976 S.B. 583 § 4, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425)

1. An excavator shall serve notice of intent to excavate to the
notification center by toll-free telephone number operated on a
twenty-four hour per day, seven day per week basis or, prior to January
1, 2003, to individual nonparticipant owners or operators at least two
working days, but not more than ten working days, before commencing the
excavation activity. The notification center receiving such notice shall
inform the excavator of all owners, operators and other persons to whom
such notice will be transmitted and shall promptly transmit such notice
to every public utility, municipal corporation and all persons owning or
operating an underground facility in the area of excavation and which are
participants in and have registered their locations with the notification
center. The notification center receiving such notice shall solicit all
information required in subsection 2 of this section from the excavator
and shall transmit all details of such notice as required by this section.

2. Each notice of intent to excavate given pursuant to this section shall
contain the name, address and telephone number and facsimile number, if
any, of the person filing the notice of intent, the name, address and
telephone number of the excavator, the date the excavation activity is to
commence, the depth of planned excavation and, if applicable, that the
use of explosives is anticipated on the excavation site, and the type of
excavation being planned, including whether the excavation involves
tunneling or horizontal boring. The notice shall state whether someone is
available between 8:00 a.m. and 5:00 p.m. on working days at the
telephone number given and whether the excavator's telephone is equipped
with a recording device. The notice shall also specify the location of
the excavation by any one or more of the following means: by reference to
a specific street address, or by reference to specific quarter section,
and shall state whether excavation is to take place within the city
limits. The notice shall also include a description of the location or
locations of the excavation at the site described by direction and
approximate distance in relation to prominent features of the site, such
as existing buildings or roadways. For excavations occurring outside the
limits of an incorporated city, the following additional information
shall be provided: the location of the excavation in relation to the
nearest numbered, lettered or named state or county road which is posted
on a road sign, including the approximate distance from the nearest
intersection or prominent landmark; and, if the excavation is not on or
near a posted numbered, lettered or named state or county road,
directions as to how to reach the site of the excavation from the nearest
such road. The notification center receiving such notice shall solicit
all information required in this subsection and shall require the
excavator to provide all such information before notice by the excavator
is deemed to be completed pursuant to sections 319.015 to 319.050. The
notification center shall transmit all details of such notice as required
in subsection 1 of this section.

3. A written record of each notice of intent to excavate shall be
maintained by the notification center or, prior to January 1, 2003, by
the nonmember owner or operator receiving direct notifications for a
period of five years. The record shall include the date the notice was
received and all information required by subsection 2 of this section
which was provided by the excavator. If the recipient creates a record of
the notice by computer or telephonic recording, such record of the
original notice shall be maintained for one year from the date of
receipt. Persons holding records of notices of intent to excavate and
records of information provided to the excavator by the notification
center or owner or operator of the facility, shall make copies of such
records available for a reasonable copying fee upon the request of the
owner or operator of the underground facilities or the excavator filing
the notice.

4. If in the course of excavation the person responsible for the
excavation operations discovers that the owner or operator of the
underground facility who is a participant in a notification center has
incorrectly located the underground facility, he or she shall notify the
notification center which shall inform the participating owner or
operator. If the owner or operator of the underground facility is not a
participant in a notification center prior to the January 1, 2003,
effective date for mandatory participation pursuant to section 319.022,
the person responsible for the excavation shall notify the owner. The
person responsible for maintaining records of the location of underground
facilities for the owner or operator shall correct such records to show
the actual location of such facilities, if current records are incorrect.

5. Notwithstanding the fact that a project is a preengineered project or
a permitted project, excavators connected therewith shall be required to
give notification in accordance with this section prior to commencement
of excavation.

6. When markings have been provided in response to a notice of intent to
excavate, excavators may continue to work within the area described in
the notice so long as the markings are visible. If markings become
unusable due to weather, construction or other cause, the excavator shall
contact the notification center to request remarking. Such notice shall
be given in the same manner as original notice of intent to excavate, and
the owner or operator shall remark the site in the same manner, within
the same time, as required in response to an original notice of intent to
excavate. Each excavator shall exercise reasonable care not to
unnecessarily disturb or obliterate markings provided for location of
underground facilities. If remarking is required due to the excavator's
failure to exercise reasonable care, or if repeated unnecessary requests
for remarking are made by an excavator even though the markings are
visible and usable, the excavator may be liable to the owner or operator
for the reasonable cost of such remarking. (L. 1991 S.B. 214 & 264, A.L.
2001 H.B. 425)

1. On or after January 1, 2003, an owner or operator of
underground facilities, who has become a participant in the notification
center as required in section 319.022, will maintain participation in the
notification center, unless it is determined that the inaccuracy rate of
the notification center reaches fifteen percent. The accuracy rate shall
be determined by the number of notifications of an excavation, where the
owner or operator has no underground facilities at the excavation site,
as described in the excavators notification, divided by the total number
of notifications to an owner or operator of underground facilities during
any twelve-month period.

2. Once the notification center has an inaccuracy rate of fifteen percent
or higher for any owner or operator of underground facilities, then any
such owner or operator may withdraw from participation in the
notification center by providing written notice to the notification
center of its withdrawal. The owner or operator shall then file with the
recorder of deeds for each county it has underground facilities a
statement that it has underground facilities and a name and phone number
of a contact person that excavators shall contact and notify of its
intent to excavate. The owner or operator shall also publish, at least
quarterly, in a newspaper or other publication of general circulation in
counties that have underground facilities a statement that the owner or
operator has underground facilities and who the excavator shall contact
regarding its intent to excavate.

3. After January 1, 2003, in the event that an owner or operator
withdraws from the notification center no party may use in * any legal
proceeding the fact that an owner or operator has withdrawn from the
notification center as evidence to establish negligence, recklessness,
lack of adherence to industry standards, or any other manner which would
suggest that the owner or operator failed to comply with any standard of
care. (L. 2001 H.B. 425)

*Word "an" appears in original rolls.

1. Every person owning or operating an underground facility to
whom notice of intent to excavate is required to be given shall, upon
receipt of such notice as provided in this section from a person
intending to commence an excavation, inform the excavator as promptly as
practical, but not in excess of two working days from receipt of the
notice, unless otherwise mutually agreed, of the approximate location of
underground facilities in or near the area of the excavation so as to
enable the person engaged in the excavation work to locate the facilities
in advance of and during the excavation work. If the information
available to the owner or operator of a pipeline facility or an
underground electric or communications cable discloses that valves,
vaults or other appurtenances are located in or near the area of
excavation, the owner or operator shall either inform the excavator of
the approximate location of such appurtenances at the same time and in
the same manner as the approximate location of the remainder of the
facility is provided, or shall at such time inform the excavator that
appurtenances exist in the area and provide a telephone number through
which the excavator may contact a representative of the owner or operator
who will meet at the site within one working day after request from the
excavator and at such meeting furnish the excavator with the available
information about the location and nature of such appurtenances. If the
excavator states in the notice of intent to excavate that the excavation
will involve tunneling or horizontal boring, the owner or operator shall
inform the excavator of the depth, to the best of his or her knowledge or
ability, of the facility according to the records of the owner or
operator. The owner or operator shall provide the approximate location of
underground facilities by use of markings. If stakes are used, staking
shall be consistent with the color code and other standards for ground
markings. Persons representing the excavator and the owner or operator
shall meet on the site of excavation within two working days of a request
by either person for such meeting for the purpose of clarifying markings,
or upon agreement of the excavator and owner or operator, such meeting
may be an alternate means of providing the location of facilities by
originally marking the approximate location of the facility at the time
of the meeting. If upon receipt of a notice of intent to excavate, an
owner or operator determines that he or she neither owns or operates
underground facilities in or near the area of excavation, the owner or
operator shall within two working days after receipt of the notice,
inform the excavator that the owner or operator has no facilities located
in the area of the proposed excavation. If the notice of intent to
excavate provided to the owner or operator of the underground facility by
the notification center states that a person is available at the
telephone number given in the notice between 8:00 a.m. and 5:00 p.m. on
each working day or that the excavator's telephone is equipped with a
recording device, or states a facsimile number for the excavator, the
owner or operator shall make actual notice of no facilities in the area
of the excavation described in the notice by one or more of the following
methods: calling the telephone number given between 8:00 a.m. and 5:00
p.m. on a working day; leaving a message on the excavator's recording
device; transmitting a facsimile message to the excavator; marking "no
facilities" or "clear" at the site of excavation; or verbally informing
the excavator at the site of excavation. If the notice of intent to
excavate provided to the owner or operator does not indicate that a
person is available at the telephone number given in the notice between
8:00 a.m. and 5:00 p.m. on each working day or that the excavator's
telephone is equipped with a recording device or that a facsimile number
is provided for receiving facsimile messages, then the owner or operator
may attempt to notify the excavator of no facilities in the area of
excavation by any of the methods indicated above; however, two documented
attempts by the owner or operator to reach such an excavator by telephone
shall constitute compliance with this subsection. A record of the date
and means of informing the excavator that no facilities were located by
the owner or operator shall be included in the written records required
by subsection 3 of section 319.026.

2. Owners and operators of underground facilities who are participants in
the notification center according to the current list maintained in the
offices of the notification center shall be relieved of the
responsibility to respond to notices of intent to excavate received
directly from the person intending to commence an excavation, except for
requests for clarification of markings through on-site meetings and
requests for locations at the time of an emergency as provided by section
319.050.

3. In the event that a person owning or operating an underground facility
fails to comply with the provisions of subsection 1 of this section after
notice given by an excavator in compliance with section 319.026, the
excavator, prior to commencing the excavation, shall give a second notice
to the same entity to whom the original notice was made as required by
section 319.026. If, after the receipt of the second notice, the owner or
operator of an underground facility fails to provide the excavator with
location information during the next working day, the excavator may
commence the excavation. Nothing in this subsection shall excuse the
excavator from exercising the degree of care in making the excavation as
is otherwise required by law.

4. For purposes of this section, a period of two working days begins upon
receipt of the excavator's notice of intent to excavate or upon receipt
of a request for a meeting and shall end on the second working day
thereafter at the same time of day. If the excavator's notice of intent
to excavate or a request for a meeting is received on a working day
before 8:00 a.m., such period of time shall begin at 8:00 a.m. of that
day. If the excavator's notice of intent to excavate or a request for a
meeting is received after 5:00 p.m. on a working day, or at any time on a
day that is not a working day, then such period of time shall begin at
8:00 a.m. of the first working day after the day of actual receipt. (L.
1976 S.B. 583 § 5, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425)

Obtaining information as required by sections 319.010 to 319.050
does not excuse any person making any excavation from doing so in a
careful and prudent manner. (L. 1976 S.B. 583 § 6, A.L. 1991 S.B. 214 &
264)

Any person owning or leasing agricultural property shall not be
required to make notice of excavation required by section 319.022 for
excavations on such property, if such excavation is not in the proximity
of an underground facility which is marked with an aboveground placard or
line marker and is not in the proximity of a utility easement known to
that person. For purposes of this section "agricultural property" means
any property used to produce an agricultural product as defined by
section 348.400, RSMo, or defined as agricultural property by that
section. (L. 2001 H.B. 425)

1. Notwithstanding any other provision of law to the contrary,
the procedures and requirements set forth in this section shall apply on
the site of any excavation involving horizontal boring, including
directional drilling, where the approximate location of underground
facilities has been marked in compliance with section 319.030 and where
any part of the walls of the intended bore are within the marked
approximate location of the underground facility.

2. The excavator shall not use power-driven equipment for horizontal
boring, including directional drilling, within the marked approximate
location of such underground facilities until the excavator has made
careful and prudent efforts to confirm the horizontal and vertical
location thereof in the vicinity of the proposed excavation through
methods appropriate to the geologic and weather conditions, and the
nature of the facility, such as the use of electronic locating devices,
hand digging, pot holing when practical, soft digging, vacuum methods,
use of pressurized air or water, pneumatic hand tools or other
noninvasive methods as such methods are developed. Such methods of
confirming location shall not violate established safety practices.
Nothing in this subsection shall authorize any person other than the
owner or operator of a facility to attach an electronic locating device
to any underground facility. For excavations paralleling the underground
facility, such efforts to confirm the location of the facility shall be
made at careful and prudent intervals. The excavator shall also make
careful and prudent efforts by such means as are appropriate to the
geologic and weather conditions and the nature of the facility, to
confirm the horizontal and vertical location of the boring device during
boring operations. Notwithstanding the foregoing, the excavator shall not
be required to confirm the horizontal or vertical location of the
underground facilities if the excavator, using the methods described in
this section, excavates a hole over the underground facilities to a depth
two feet or more below the planned boring path and then carefully and
prudently monitors the horizontal and vertical location of the boring
device in a manner calculated to enable the device to be visually
observed by the excavator as it crosses the entire width of the marked
approximate location of the underground facilities. (L. 2001 H.B. 425)

The failure of any excavator to give notice of proposed
excavation activities as required by this chapter shall be a rebuttable
presumption of negligence on his part in the event that such failure
shall cause injury, loss or damage. In addition to any penalties provided
herein, liability under common law may apply. (L. 1976 S.B. 583 § 7, A.L.
1991 S.B. 214 & 264)

Nothing in the foregoing shall relieve an excavator from the
obligation to excavate in a safe and prudent manner, nor shall it absolve
an excavator from liability for damage to legally installed facilities.
Notwithstanding any provision of law to the contrary, nothing in this
chapter shall abrogate any contractual provisions entered into between
any railroad and any other party owning or operating an underground
facility within the railroad's right-of-way. (L. 2001 H.B. 425)

1. In the event of any damage or dislocation or disturbance of
any underground facility in connection with any excavation, the person
responsible for the excavation operations shall immediately notify the
notification center and the owner or operator of the facility or the
owner or operator, if known, if it is not a participant in the
notification center prior to January 1, 2003. On or after January 1,
2003, the responsible party shall notify the notification center only.

2. In the event of any damage or dislocation or disturbance to any
underground facility in advance of or during the excavation work, the
person responsible for the excavation operations shall not conceal or
attempt to conceal such damage or dislocation or disturbance, nor shall
that person attempt or make repairs to the facility unless authorized by
the owner or operator of the facility. In the case of sewer lines or
facilities, emergency temporary repairs may be made by the excavator
after notification without the owners' or operators' authorization to
prevent further damage to the facilities. Such emergency repairs shall
not relieve the excavator of responsibility to make notification as
required by subsection 1 of this section.

3. Any person who violates in any material respect the provisions of
section 319.022, 319.023, 319.025, 319.026, 319.030, 319.037* or 319.045
or who willfully damages an underground facility shall be liable to the
state of Missouri for a civil penalty of up to ten thousand dollars for
each violation for each day such violation persists, except that the
maximum penalty for violation of the provisions of sections 319.010 to
319.050 shall not exceed five hundred thousand dollars for any related
series of violations. An action to recover such civil penalty may be
brought by the attorney general or a prosecuting attorney on behalf of
the state of Missouri in any appropriate circuit court of this state.
Trial thereof shall be before the court, which shall consider the nature,
circumstances and gravity of the violation, and with respect to the
person found to have committed the violation, the degree of culpability,
the absence or existence of prior violations, whether the violation was a
willful act, the effect on ability to continue to do business, any good
faith in attempting to achieve compliance, ability to pay the penalty,
and such other matters as justice may require in determining the amount
of penalty imposed.

4. The attorney general may bring an action in any appropriate circuit
court of this state for equitable relief to redress or restrain a
violation by any person of any provision of sections 319.010 to 319.050.
The court may grant such relief as is necessary or appropriate, including
mandatory or prohibitive injunctive relief, temporary or permanent. (L.
1976 S.B. 583 § 8, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425)

*Original rolls contain "310.037", a typographical error.

The provisions of sections 319.025 and 319.026 shall not apply
to any utility which is repairing or replacing any of its facilities due
to damage caused during an unexpected occurrence or when making an
excavation at times of emergency resulting from a sudden, unexpected
occurrence, and presenting a clear and imminent danger demanding
immediate action to prevent or mitigate loss or damage to life, health,
property or essential public services. "Unexpected occurrence" includes,
but is not limited to, thunderstorms, high winds, ice or snow storms,
fires, floods, earthquakes, or other soil or geologic movements, riots,
accidents, water pipe breaks, vandalism or sabotage which cause damage to
surface or subsurface facilities requiring immediate repair. An excavator
or utility may proceed regarding such emergency, provided all reasonable
precautions have been taken to protect the underground facilities. In any
such case, the excavator or utility shall give notification,
substantially in compliance with section 319.026, as soon as practical,
and upon being notified that an emergency exists, each owner and operator
of an underground facility in the area shall immediately provide all
location information reasonably available to any excavator who requests
the same. (L. 1976 S.B. 583 § 9, A.L. 1991 S.B. 214 & 264, A.L. 2001 H.B.
425)

Sections 319.075 to 319.090 may be cited and shall be known as
the "Overhead Power Line Safety Act". (L. 1991 S.B. 214 & 264 § 1)

As used in sections 319.075 to 319.090, the following terms mean:

(1) "Authorized person":

(a) An employee of a public utility or an employee of a contractor which
has been authorized by a public utility to perform construction,
operation or maintenance on or near the poles or structures of such
utility;

(b) An employee of a cable television or communication services company
or an employee of a contractor authorized to make cable television or
communication service attachments; or

(c) An employee of the state or a county or municipality which has
authorized circuit construction, operation or maintenance on or near the
poles or structures of a public utility;

(2) "High voltage", electric potential in excess of six hundred volts
measured between conductors or between a conductor and the ground;

(3) "Overhead lines", all electrical conductors installed above ground;

(4) "Person", an individual, firm, joint venture, partnership,
corporation, association, municipality, or governmental unit which
performs or contracts to perform any function or activity upon any land,
building, highway or other premises in proximity to an overhead line;

(5) "Public utility" includes those entities defined as such in section
386.020, RSMo, as well as municipally owned electrical systems and
electric cooperatives provided for in chapters 91 and 394, RSMo. (L. 1991
S.B. 214 & 264 § 2)

Unless danger against contact with high voltage overhead lines
has been guarded against as provided by section 319.083, no person,
individually or through an agent or employee, shall store, operate,
erect, maintain, move or transport any tools, machinery, equipment,
supplies or materials or any other device that conducts electricity,
within ten feet of any high voltage overhead line, or perform or require
any other person to perform any function or activity upon any land,
building, highway or other premises, if at any time during the
performance thereof it could reasonably be expected that the person
performing the function or activity could move or be placed within ten
feet of any high voltage overhead line. (L. 1991 S.B. 214 & 264 § 3)

1. When any person desires to temporarily carry out any function
or activity in closer proximity to any high voltage overhead line than is
permitted by sections 319.075 to 319.090, the person or persons
responsible for the function or activity shall notify the public utility
which owns or operates the high voltage overhead line of the function or
activity, and shall make appropriate arrangements with the public utility
for temporary mechanical barriers, temporary deenergization and grounding
of the conductors, temporary rerouting of electric current or temporary
relocating of the conductors, before proceeding with any function or
activity which would impair the clearances required by sections 319.075
to 319.090.

2. A person requesting a public utility to provide temporary clearances
or other safety precautions shall be responsible for payment of those
costs incurred by such utility in the temporary rerouting of electric
current or the temporary relocating of the conductors. Upon request, a
public utility shall provide a written cost estimate for the work needed
to provide temporary clearances or other safety precautions. A public
utility is not required to provide such clearances or other safety
precautions until payment of the estimated amount has been made. Unless
otherwise agreed to, a public utility shall commence work on such
clearances or other safety precautions within seven working days after
payment has been made. (L. 1991 S.B. 214 & 264 § 4)

If a violation of any of the provisions of sections 319.075 to
319.090 results in physical or electrical contact with any high voltage
overhead line such violation shall be a rebuttable presumption of
negligence on the part of the violator in the event such violation shall
cause injury, loss or damage, and, notwithstanding any other law to the
contrary, the public utility shall have the right of contribution against
any such violator. In addition to any penalties provided herein,
liability under common law may apply. (L. 1991 S.B. 214 & 264 § 5)

Sections 319.075 to 319.090 shall not apply to:

(1) Construction, operation or maintenance of power lines and
telecommunications lines or authorized attachments thereto by an
authorized person as defined in section 319.078; or

(2) Governmental entities responding to an emergency situation. (L. 1991
S.B. 214 & 264 § 6)

Any person who violates any of the provisions of sections
319.075 to 319.088 is guilty of a class B misdemeanor. (L. 1991 S.B. 214
& 264 § 7)

As used in sections 319.100 to 319.137, the following terms mean:

(1) "Aboveground storage tank", any one or a combination of tanks,
including pipes connected thereto, used to contain an accumulation of
petroleum and the volume of which, including the volume of the
aboveground pipes connected thereto, is ninety percent or more above the
surface of the ground, and is utilized for the sale of products regulated
by chapter 414, RSMo. The term does not include those tanks described in
paragraphs (a) to (k) of subdivision (16) of this section or aboveground
storage tanks at petroleum pipeline terminals;

(2) "Board", the board of trustees of the petroleum storage tank
insurance fund;

(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) "Fund", the petroleum storage tank insurance fund established
pursuant to section 319.129;

(6) "Guarantor", any person, other than the owner or the operator, who
provides evidence of financial responsibility;

(7) "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;

(8) "Operator", any person in control of, or having responsibility for,
the daily operation of the tank;

(9) "Owner", shall include any person who owned an underground storage
tank immediately before the discontinuation of its use if not in use on
August 28, 1989, or any person who owns an underground storage tank in
use on or after August 28, 1989, and any person who owned an aboveground
storage tank that was utilized for the sale of products regulated by
chapter 414, RSMo, immediately before the discontinuation of its use if
not in use on August 28, 1996, and any person who owns an aboveground
storage tank utilized for the sale of products regulated by chapter 414,
RSMo, in use on or after August 28, 1996. The term does not include any
person who, without participating in the management of an aboveground
storage tank or underground storage tank or both types of tanks, and
otherwise not primarily engaged in petroleum production, refining, and
marketing, holds indicia of ownership primarily to protect a security
interest in or lien on the tank or the property where the tank is located;

(10) "Participating in management" does not include monitoring the
operator's business, acquiring title in lieu of a foreclosure or other
agreement in settlement of the operator's or property owner's debt;

(11) "Person", any individual, trust, firm, joint stock company,
corporation, including a government corporation, partnership,
association, the state and its political subdivisions, or any interstate
body. "Person" also includes any consortium, joint venture, commercial
entity, and the government of the United States;

(12) "Petroleum" shall mean gasoline, kerosene, diesel, lubricants and
fuel oil;

(13) "Petroleum storage tank", an aboveground storage tank or an
underground storage tank used to contain an accumulation of petroleum.
The term does not include those tanks described in paragraphs (a) to (k)
of subdivision (16) of this section;

(14) "Regulated substance" includes:

(a) Any substance defined in Section 101(14) of the federal Comprehensive
Environmental Response, Compensation, and Liability Act (P.L. 96-510), as
amended, but not including any substance regulated as a hazardous waste
under Subtitle C of the federal Resource Conservation and Recovery Act of
1976 (P.L. 94-580), as amended; and

(b) Petroleum, including crude oil or any fraction thereof, which is
liquid at standard conditions of temperature and pressure, sixty degrees
Fahrenheit and fourteen and seven-tenths pounds per square inch absolute,
respectively; and

(c) Any substance adopted by rule in accordance with federal laws
referenced by Section 101(14) of the federal Comprehensive Environmental
Response, Compensation, and Liability Act (P.L. 96-510);

(15) "Release" includes, but is not limited to, any spilling, leaking,
emitting, discharging, escaping, leaching, or disposing from a petroleum
storage tank into groundwater, surface water, or subsurface soils;

(16) "Underground storage tank", any one or combination of tanks,
including pipes connected thereto, used to contain an accumulation of
regulated substances, and the volume of which, including the volume of
the underground pipes connected thereto, is ten percent or more beneath
the surface of the ground. The department shall adopt, delete or modify
exemptions established in this subdivision to any modifications,
additions or deletions made by the Environmental Protection Agency.
Exemptions from this definition and regulations promulgated under the
provisions of sections 319.100 to 319.137 include:

(a) Farm or residential tank of eleven hundred gallons or less used for
storing motor fuel for noncommercial purposes;

(b) Tanks used for storing heating oil for consumptive use on the
premises where stored;

(c) Septic tanks;

(d) Pipeline facilities, including gathering lines, regulated under:

a. The federal Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481), as
amended; or

b. The federal Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129), as
amended;

(e) Pipeline facilities regulated under state laws comparable to the
provisions of law referred to in paragraph (d) of this subdivision;

(f) Surface impoundments, pits, ponds, or lagoons;

(g) Storm water or wastewater collection systems;

(h) Flow-through process tanks;

(i) Liquid traps or associated gathering lines directly related to oil or
gas production and gathering operations; and

(j) Storage tanks situated in an underground area, such as a basement,
cellar, mineworking, drift, shaft, or tunnel, if the storage tank is
situated upon or above the surface of the floor; and

(k) Transformers, circuit breakers or other electrical equipment. (L.
1989 H.B. 77, et al. § 1, A.L. 1991 S.B. 204, A.L. 1993 S.B. 80, et al.,
A.L. 1996 S.B. 708, A.L. 1998 S.B. 852 & 913)

Effective 1-1-99

1. Within ninety days after August 28, 1989, each owner of an
existing underground storage tank currently in operation, including any
tank which is temporarily out of service, who has not previously provided
notification, shall register such tank with the department and specify
the age, size, type, location, and uses of such tank.

2. Within ninety days after August 28, 1989, the owner of an existing
underground storage tank taken out of operation between January 1, 1974,
and August 28, 1989, shall register such tank with the department and
specify the age, size, type, location, and uses of such tank.

3. Any owner who brings an underground storage tank into use after August
28, 1989, shall register such tank with the department within thirty days
after the tank is brought into use and specify the age, size, type,
location and uses of such tank.

4. The requirements of subsections 1 to 3 of this section shall not apply
to tanks for which notice was given pursuant to section 103(c) of the
federal Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (P.L. 96-510).

5. Registration required by subsections 1 to 3 of this section shall be
made on approved forms made available by the department.

6. The owner of any tank identified in subsections 1 to 3 of this
section, or for which notice was given pursuant to either section 103(c)
of the federal Comprehensive Environmental Response, Compensation, and
Liability Act (P.L. 96-510), as amended, or section 9002(a) of subtitle I
of the federal Resource Conservation and Recovery Act of 1976 (P.L.
94-580), as amended, that is permanently closed pursuant to section
319.111, shall notify the department in writing within thirty days prior
to closure. Notice shall include the following information:

(1) The date on or after the tank would be taken out of operation;

(2) The age of the tank on the date taken out of operation;

(3) Any identification number for the tank as provided pursuant to
subsections 1 to 3 of this section;

(4) The size, type, and location of the tank; and

(5) The type of substance or substances which the tank was used to store.

7. Any owner who has provided the department with underground storage
tank inventory information in compliance with the notification
requirements of section 9002(a) of subtitle I of the federal Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), as amended, shall be
deemed to be in compliance with subsections 1 to 3 of this section.

8. Any person who deposits a regulated substance in an underground
storage tank shall, following August 28, 1989, upon the first two
deposits, notify the owner or operator in writing of his obligations
under sections 319.103 to 319.137.

9. Any person who sells a tank intended to be used as an underground
storage tank shall notify the purchaser of the tank in writing of the
owner's notification requirements pursuant to this section. (L. 1989 H.B.
77, et al. § 2)

1. The department shall issue performance standards for
underground storage tanks brought into use after August 28, 1989, and for
upgrading existing underground storage tanks. The performance standards
shall include, but shall not be limited to, design, construction,
installation, piping, release detection, operation, and compatibility
standards.

2. Until the standards promulgated by the department in subsection 1 of
this section become effective, no person may install an underground
storage tank for the purpose of storing or dispensing regulated
substances unless:

(1) The tank will prevent releases of the stored regulated substances due
to corrosion or structural failure for the operational life of the tank;

(2) The tank is cathodically protected against corrosion, constructed of
noncorrosive material, steel clad with a noncorrosive material, or
designed in a manner to prevent the release or threatened release of the
stored regulated substance; and

(3) The tank has a* primary system of containment. The department may
specify by rule the specific conditions and circumstances under which a
secondary containment system may be required.

3. The operator shall ensure that the material used in the construction
or lining of the tank is compatible with the substance to be stored. (L.
1989 H.B. 77, et al. § 3)

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

The department shall establish standards of performance for
maintaining a leak detection system, an inventory control system together
with tank testing, or a comparable system or method designed to identify
releases in a manner consistent with the protection of human health and
the environment. The department shall establish requirements for
maintaining records of any such monitoring, leak detection, inventory
control, or tank testing system. An owner or operator of an underground
storage tank, including an out-of-service or nonoperational tank, not
found to be the source of a release for which the department has ordered
nonroutine testing, who cooperates with the department, shall be
reimbursed for all reasonable direct costs, as determined by the
director, related to the testing and monitoring costs associated with the
detection of the alleged release incurred by such owner or operator, out
of the underground storage tank insurance fund. (L. 1989 H.B. 77, et al.
§ 4, A.L. 1994 H.B. 1156)

The department shall establish requirements for the reporting of
any releases and corrective action taken in response to a release from an
underground storage tank, including the specific quantity of a regulated
substance, which if released, requires reporting and corrective action.
In so doing, the department shall use risk-based corrective standards
which take into account the level of risk to public health and the
environment associated with site-specific conditions and future land
usage. The hazardous waste management commission is authorized to
promulgate rules to implement this section, in accordance with section
319.137. To the extent there is a conflict between this section and
section 644.143, RSMo, or 644.026, RSMo, this section shall prevail. (L.
1989 H.B. 77, et al. § 5, A.L. 1995 H.B. 251, A.L. 2004 S.B. 901)

The department shall establish requirements for the closure of
tanks, including notice prior to closure, to prevent future releases of
regulated substances to the environment. (L. 1989 H.B. 77, et al. § 6)

1. The department shall establish rules requiring the owner or
operator to maintain evidence of financial responsibility in an amount
and form sufficient for taking corrective action and compensating third
parties for bodily injury and property damage caused by sudden and
nonsudden accidental releases arising from the operation of an
underground storage tank.

2. The form of the evidence of financial responsibility required by this
section may be by any one, or any combination, of the following methods:
cash trust fund, guarantee, insurance, surety or performance bond, letter
of credit, qualification as a self-insurer, or any other method
satisfactory to the department. In adopting requirements under this
section, the department may specify policy or other contractual terms,
conditions, or defenses which are necessary or are unacceptable in
establishing the evidence of financial responsibility.

3. The amount of financial responsibility required shall not exceed the
amount required for compliance with section 9003 of subtitle I of the
federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as
amended.

4. The total liability of a guarantor shall be limited to the aggregate
amount which the guarantor has provided as evidence of financial
responsibility to the owner or operator under this section. Nothing in
this subsection shall be construed to limit any other state or federal
statutory, contractual, or common law liability of a guarantor to its
owner or operator, including, but not limited to, the liability of such
guarantor for bad faith either in negotiating or in failing to negotiate
the settlement of any claim. Nothing in this subsection shall be
construed to diminish the liability of any person under section 107 or
111 of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510), as amended, or other applicable law.
(L. 1989 H.B. 77, et al. § 7)

1. For the purposes of developing or assisting in the
development of any regulation, conducting any study, or enforcing the
provisions of sections 319.100 to 319.137, any owner or operator of an
underground storage tank shall, upon the request of any duly authorized
officer, employee or representative of the department, furnish
information relating to such tanks, including tank equipment and
contents, conduct monitoring or testing, and permit the designated
officer at all reasonable times to have access to, and to copy, all
records relating to such tanks. For the purposes of developing or
assisting in the development of any regulation, conducting any study,
enforcing the provisions of this section, or conducting any corrective
action authorized in sections 319.100 to 319.137, such officers,
employees, or representatives may:

(1) Enter at reasonable times any establishment or place where an
underground storage tank is located or where records pertaining to
underground storage tanks are located;

(2) Inspect and obtain samples from any person of any regulated
substances contained in such tank; and

(3) Conduct monitoring or testing of the tanks, associated equipment,
contents, or surrounding soils, air, surface water, or ground water. Each
inspection shall be commenced and completed with reasonable promptness.

2. Any records, reports, or information obtained from any persons under
this section shall be available to the public except as provided in this
subsection. Upon a showing satisfactory to the department that public
disclosure of records, reports, or information, or a particular part
thereof, to which the department officer, employee, or representative has
access under this section would divulge commercial or financial
information entitled to protection under state law, the department shall
consider such information or a particular portion thereof to be
confidential. However, the document or information may be disclosed to
officers, employees, or authorized representatives of the state or of the
United States, who have been charged with carrying out this act or
subtitle I of the federal Resource Conservation and Recovery Act of 1976
(P.L. 94-580), as amended, or when relevant in any proceeding under
sections 319.100 to 319.137.

3. The department shall, subject to appropriations, enter into an
interagency agreement with the department of agriculture to authorize
inspectors from the department of agriculture to conduct inspections
under sections 319.100 to 319.137 in conjunction with those required
under chapter 414, RSMo. (L. 1989 H.B. 77, et al. § 8)

1. Except as provided for in sections 319.100 to 319.137, no
person shall own or operate an underground storage tank unless a
certificate of registration for its operation has been issued by the
department. A certificate of registration shall be issued by the
department when the applicant demonstrates compliance with the provisions
of sections 319.100 to 319.137.

2. The department shall issue an initial certificate of registration for
each underground storage tank the term for which shall not exceed five
years. Certificate renewals shall be issued for a fixed term of five
years.

3. Applications for certificates of registration and certificate renewals
shall be made on forms prescribed and made available by the department.

4. Within one hundred twenty days after August 28, 1989, the department
shall provide owners with a copy of information submitted pursuant to the
notification requirements of section 319.103, and shall specify any
additional information required to comply with section 319.103.

5. Owners may apply for certificates of registration either through the
submission of information required by the department in accordance with
subsection 4 of this section, or through submission of information
submitted pursuant to section 319.103. Until the department issues or
denies a certificate of registration, owners who have applied for a
certificate in accordance with the requirements of this section may
operate the tank for which the application for certification has been
made, provided that the owner and the operation of the tank are in
compliance with sections 319.100 to 319.137. (L. 1989 H.B. 77, et al. § 9
subsecs. 1 to 5)

Application for a certificate of registration shall be
accompanied by a fee. The fee shall be fifteen dollars per tank per year
assessed on a rotating basis during a five-year period. All fees
collected under this subsection shall be placed in the "Underground
Storage Tank Regulation Program Fund" which is hereby established in the
state treasury. All moneys in the fund shall be used solely for expenses
related to the administration of sections 319.100 to 319.137. (L. 1989
H.B. 77, et al. § 9 subsec. 6)

1. The department may deny or invalidate a certificate of
registration issued under sections 319.120 and 319.123 if the department
finds, after notice and a hearing pursuant to chapter 260, RSMo, that the
owner has:

(1) Fraudulently or deceptively registered or attempted to register a
tank; or

(2) Failed at any time to comply with any provision or requirement of
sections 319.100 to 319.137 or any rules and regulations adopted by the
department in accordance with the provisions of sections 319.100 to
319.137.

2. Upon the action of the department to invalidate or refuse to issue a
certificate, the department shall advise the applicant of his right to
have a hearing before the hazardous waste management commission. The
hearing shall be conducted in accordance with the procedures established
in chapter 260, RSMo.

3. When the department finds that a release from an underground storage
tank presents, or is likely to present, an immediate threat to public
health or safety or to the environment, it shall order correction of the
problem, order cleanup or institute clean-up operations pursuant to the
provisions of sections 260.500 to 260.550, RSMo.

4. If the owner or operator fails to perform or improperly performs any
action required by the department to abate or eliminate an immediate
threat to public health or safety or to the environment, the department
or an authorized agent of the department may take any and all necessary
action to abate or eliminate such threat. In addition to any other remedy
or penalty provided by sections 319.100 to 319.137 or any other law, the
owner or operator shall be held strictly liable for the reasonable costs
incurred by the department in taking any such action.

5. The denial of reregistration or the revocation of registration of any
person participating in the underground storage tank insurance fund
shall, upon completion of any appeal, terminate participation in the
fund. (L. 1989 H.B. 77, et al. § 10, A.L. 2004 S.B. 901)

1. It is unlawful for any owner or operator to cause or permit
any violations of sections 319.100 to 319.137, or any standard, rule or
regulation, order or permit term or condition adopted or issued
hereunder. Except as provided in this section, whenever on the basis of
any information, the department determines that any person is in such
violation, the department may issue an order requiring compliance within
a reasonable specified time period, pursuant to chapter 260, RSMo, or the
department may commence a civil action in a court of competent
jurisdiction in which the violation occurred for appropriate relief,
including a temporary or permanent injunction.

2. If an owner or operator fails to comply with an order under this
section within the time specified, the department may commence a civil
action in a court of competent jurisdiction for injunctive relief to
prevent any such violation or further violation or for the assessment of
a civil penalty not to exceed ten thousand dollars for each day, or part
thereof, the violation occurred or continues to occur, or both, as the
court deems proper. A civil monetary penalty under this section shall not
be assessed for a violation where an administrative penalty was assessed
under section 319.139. The department 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. Any offer of
settlement to resolve a civil penalty under this section shall be in
writing, shall state that an action for imposition of a civil penalty may
be initiated by the attorney general or a prosecuting attorney
representing the department under authority of this section, and shall
identify any dollar amount as an offer of settlement which shall be
negotiated in good faith through conference, conciliation and persuasion.

3. Any penalty recovered pursuant to the provisions of this section shall
be handled in accordance with section 7 of article IX of the state
constitution.

4. If the department alleges a violation of law or regulation of sections
319.100 to 319.139, and mandates compliance with such law or regulation
by a person or entity, the department shall provide the person or entity
responsible for compliance with such law or regulation with written
criteria detailing exactly what action is necessary for such person or
entity to comply with the law or regulation. The criteria shall include
any time restrictions imposed by the department and shall be prima facie
evidence of the action necessary for compliance with the law or
regulation. Any person or entity meeting the criteria shall be deemed to
be in full compliance with the requests of the department and evidence of
compliance shall constitute an affirmative defense in any action brought
by or on behalf of the department under the law or regulation. The
criteria may not be amended by the department once issued to the person
or entity responsible for compliance with such law or department
regulation for three years from the date of issuance unless mandated by a
change in state or federal law. (L. 1989 H.B. 77, et al. § 11, A.L. 1992
H.B. 1745, A.L. 1993 S.B. 80, et al., A.L. 2004 S.B. 901)

1. There is hereby created a special trust fund to be known as
the "Petroleum Storage Tank Insurance Fund" within the state treasury
which shall be the successor to the underground storage tank insurance
fund. Moneys in such special trust fund shall not be deemed to be state
funds. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, moneys in the fund shall not be transferred to general revenue
at the end of each biennium.

2. The owner or operator of any underground storage tank, including the
state of Missouri and its political subdivisions and public
transportation systems, in service on August 28, 1989, shall submit to
the department a fee of one hundred dollars per tank on or before
December 31, 1989. The owner or operator of any underground storage tank
who seeks to participate in the petroleum storage tank insurance fund,
including the state of Missouri and its political subdivisions and public
transportation systems, and whose underground storage tank is brought
into service after August 28, 1998, shall transmit one hundred dollars
per tank to the board with his or her initial application. Such amount
shall be a one-time payment, and shall be in addition to the payment
required by section 319.133. The owner or operator of any aboveground
storage tank regulated by this chapter, including the state of Missouri
and its political subdivisions and public transportation systems, who
seeks to participate in the petroleum storage tank insurance fund, shall
transmit one hundred dollars per tank to the board with his or her
initial application. Such amount shall be a one-time payment and shall be
in addition to the payment required by section 319.133. Moneys received
pursuant to this section shall be transmitted to the director of revenue
for deposit in the petroleum storage tank insurance fund.

3. The state treasurer may deposit moneys in the fund in any of the
qualified depositories of the state. All such deposits shall be secured
in a manner and upon the terms as are provided by law relative to state
deposits. Interest earned shall be credited to the petroleum storage tank
insurance fund.

4. The general administration of the fund and the responsibility for the
proper operation of the fund, including all decisions relating to
payments from the fund, are hereby vested in a board of trustees. The
board of trustees shall consist of the commissioner of administration or
the commissioner's designee, the director of the department of natural
resources or the director's designee, the director of the department of
agriculture or the director's designee, and eight citizens appointed by
the governor with the advice and consent of the senate. Three of the
appointed members shall be owners or operators of retail petroleum
storage tanks, including one tank owner or operator of greater than one
hundred tanks; one tank owner or operator of less than one hundred tanks;
and one aboveground storage tank owner or operator. One appointed trustee
shall represent a financial lending institution, and one appointed
trustee shall represent the insurance underwriting industry. One
appointed trustee shall represent industrial or commercial users of
petroleum. The two remaining appointed citizens shall have no
petroleum-related business interest, and shall represent the nonregulated
public at large. The members appointed by the governor shall serve
four-year terms except that the governor shall designate two of the
original appointees to be appointed for one year, two to be appointed for
two years, two to be appointed for three years and two to be appointed
for four years. Any vacancies occurring on the board shall be filled in
the same manner as provided in this section.

5. The board shall meet in Jefferson City, Missouri, within thirty days
following August 28, 1996. Thereafter, the board shall meet upon the
written call of the chairman of the board or by the agreement of any six
members of the board. Notice of each meeting shall be delivered to all
other trustees in person or by registered mail not less than six days
prior to the date fixed for the meeting. The board may meet at any time
by unanimous mutual consent. There shall be at least one meeting in each
quarter.

6. Six trustees shall constitute a quorum for the transaction of
business, and any official action of the board shall be based on a
majority vote of the trustees present.

7. The trustees shall serve without compensation but shall receive from
the fund their actual and necessary expenses incurred in the performance
of their duties for the board.

8. All staff resources for the Missouri petroleum storage tank insurance
fund shall be provided by the department of natural resources or another
state agency as otherwise specifically determined by the board. The fund
shall compensate the department of natural resources or other state
agency for all costs of providing staff required by this subsection. Such
compensation shall be made pursuant to contracts negotiated between the
board and the department of natural resources or other state agency.

9. In order to carry out the fiduciary management of the fund, the board
may select and employ, or may contract with, persons experienced in
insurance underwriting, accounting, the servicing of claims and rate
making, and legal counsel to defend third-party claims, who shall serve
at the board's pleasure. Invoices for such services shall be presented to
the board in sufficient detail to allow a thorough review of the costs of
such services.

10. At the first meeting of the board, the board shall elect one of its
members as chairman. The chairman shall preside over meetings of the
board and perform such other duties as shall be required by action of the
board.

11. The board shall elect one of its members as vice chairman, and the
vice chairman shall perform the duties of the chairman in the absence of
the latter or upon the chairman's inability or refusal to act.

12. The board shall determine and prescribe all rules and regulations as
they relate to fiduciary management of the fund, pursuant to the purposes
of sections 319.100 to 319.137. In no case shall the board have oversight
regarding environmental cleanup standards for petroleum storage tanks.

13. No trustee or staff member of the fund shall receive any gain or
profit from any moneys or transactions of the fund. This shall not
preclude any eligible trustee from making a claim or receiving benefits
from the petroleum storage tank insurance fund as provided by sections
319.100 to 319.137.

14. The board may reinsure all or a portion of the fund's liability. Any
insurer who sells environmental liability insurance in this state may, at
the option of the board, reinsure some portion of the fund's liability.

15. The petroleum storage tank insurance fund shall expire on December
31, 2010, or upon revocation of federal regulation 40 CFR Parts 280 and
285, whichever occurs first, unless extended by action of the general
assembly. After December 31, 2010, the board of trustees may continue to
function for the sole purpose of completing payment of claims made prior
to December 31, 2010.

16. The board shall annually commission an independent financial audit of
the petroleum storage tank insurance fund. The board shall biennially
commission an actuarial analysis of the petroleum storage tank insurance
fund. The results of the financial audit and the actuarial analysis shall
be made available to the public. The board may contract with third
parties to carry out the requirements of this subsection. (L. 1989 H.B.
77, et al. § 12 subsecs. 1 to 4, A.L. 1991 S.B. 91 & 317, A.L. 1996 S.B.
708, A.L. 1998 H.B. 1148, A.L. 2001 H.B. 453)

1. Any owner or operator of one or more petroleum storage tanks
may elect to participate in the petroleum storage tank insurance fund to
partially meet the financial responsibility requirements of sections
319.100 to 319.137. Subject to regulations of the board of trustees,
owners or operators may elect to continue their participation in the fund
subsequent to the transfer of their property to another party. Current or
former refinery sites or petroleum pipeline or marine terminals are not
eligible for participation in the fund.

2. The board shall establish an advisory committee which shall be
composed of insurers and owners and operators of petroleum storage tanks.
The advisory committee established pursuant to this subsection shall
report to the board. The committee shall monitor the fund and recommend
statutory and administrative changes as may be necessary to assure
efficient operation of the fund. The committee, in consultation with the
board and the department of insurance, shall annually report to the
general assembly on the availability and affordability of the private
insurance market as a viable method of meeting the financial
responsibilities required by state and federal law in lieu of the
petroleum storage tank insurance fund.

3. (1) Except as otherwise provided by this section, any person seeking
to participate in the insurance fund shall submit an application to the
board of trustees and shall certify that the petroleum tanks meet or
exceed and are in compliance with all technical standards established by
the United States Environmental Protection Agency, except those standards
and regulations pertaining to spill prevention control and
counter-measure plans, and rules established by the Missouri department
of natural resources and the Missouri department of agriculture. The
applicant shall submit proof that the applicant has a reasonable
assurance of the tank's integrity. Proof of tank integrity may include
but not be limited to any one of the following: tank tightness test,
electronic leak detection, monitoring wells, daily inventory
reconciliation, vapor test or any other test that may be approved by the
director of the department of natural resources or the director of the
department of agriculture. The applicant shall submit evidence that the
applicant can meet all applicable financial responsibility requirements
of this section.

(2) A creditor, specifically a person who, without participating in and
not otherwise primarily engaged in petroleum production, refining, and
marketing, holds indicia of ownership primarily for the purpose of, or in
connection with, securing payment or performance of a loan or to protect
a security interest in or lien on the tank or the property where the tank
is located, or serves as trustee or fiduciary upon transfer or receipt of
the property, may be a successor in interest to a debtor pursuant to this
section, provided that the creditor gives notice of the interest to the
insurance fund by certified mail, return receipt requested. Part of such
notice shall include a copy of the lien, including but not limited to a
security agreement or a deed of trust as appropriate to the property. The
term "successor in interest" as provided in this section means a creditor
to the debtor who had qualified real property in the insurance fund prior
to the transfer of title to the creditor, and the term is limited to
access to the insurance fund. The creditor may cure any of the debtor's
defaults in payments required by the insurance fund, provided the
specific real property originally qualified pursuant to this section. The
creditor, or the creditor's subsidiary or affiliate, who forecloses or
otherwise obtains legal title to such specific real property held as
collateral for loans, guarantees or other credit, and which includes the
debtor's aboveground storage tanks or underground storage tanks, or both
such tanks shall provide notice to the fund of any transfer of creditor
to subsidiary or affiliate. Liability pursuant to sections 319.100 to
319.137 shall be confined to such creditor or such creditor's subsidiary
or affiliate. A creditor shall apply for a transfer of coverage and shall
present evidence indicating a lien, contractual right, or operation of
law permitting such transfer, and may utilize the creditor's affiliate or
subsidiary to hold legal title to the specific real property taken in
satisfaction of debts. Creditors may be listed as insured or additional
insured on the insurance fund, and not merely as mortgagees, and may
assign or otherwise transfer the debtor's rights in the insurance fund to
the creditor's affiliate or subsidiary, notwithstanding any limitations
in the insurance fund on assignments or transfer of the debtor's rights.

(3) Any person participating in the fund shall annually submit an amount
established pursuant to subsection 1 of section 319.133 which shall be
deposited to the credit of the petroleum storage tank insurance fund.

4. Any person making a claim pursuant to this section and sections
319.129 and 319.133 shall be liable for the first ten thousand dollars of
the cost of cleanup associated with a release from a petroleum storage
tank without reimbursement from the fund. The petroleum storage tank
insurance fund shall assume all costs, except as provided in subsection 5
of this section, which are greater than ten thousand dollars but less
than one million dollars per occurrence or two million dollars aggregate
per year. The liability of the petroleum storage tank insurance fund is
not the liability of the state of Missouri. The provisions of sections
319.100 to 319.137 shall not be construed to broaden the liability of the
state of Missouri beyond the provisions of sections 537.600 to 537.610,
RSMo, nor to abolish or waive any defense which might otherwise be
available to the state or to any person. The presence of existing
contamination at a site where a person is seeking insurance in accordance
with this section shall not affect that person's ability to participate
in this program, provided the person meets all other requirements of this
section. Any person who qualifies pursuant to sections 319.100 to 319.137
and who has requested approval of a project for remediation from the
fund, which request has not yet been decided upon shall annually be sent
a status report including an estimate of when the project may expect to
be funded and other pertinent information regarding the request.

5. The fund shall provide coverage for third-party claims involving
property damage or bodily injury caused by leaking petroleum storage
tanks whose owner or operator is participating in the fund at the time
the release occurs or is discovered. Coverage for third-party bodily
injury shall not exceed one million dollars per occurrence. Coverage for
third-party property damage shall not exceed one million dollars per
occurrence. The fund shall not compensate an owner or operator for repair
of damages to property beyond that required to contain and clean up a
release of a regulated substance or compensate an owner or operator or
any third party for loss or damage to other property owned or belonging
to the owner or operator, or for any loss or damage of an intangible
nature, including, but not limited to, loss or interruption of business,
pain and suffering of any person, lost income, mental distress, loss of
use of any benefit, or punitive damages.

6. The fund shall, within limits specified in this section, assume costs
of third-party claims and cleanup of contamination caused by releases
from petroleum storage tanks. The fund shall provide the defense of
eligible third-party claims including the negotiations of any settlement.

7. Nothing contained in sections 319.100 to 319.137 shall be construed to
abrogate or limit any right, remedy, causes of action, or claim by any
person sustaining personal injury or property damage as a result of any
release from any type of petroleum storage tank, nor shall anything
contained in sections 319.100 to 319.137 be construed to abrogate or
limit any liability of any person in any way responsible for any release
from a petroleum storage tank or any damages for personal injury or
property damages caused by such a release.

8. (1) The fund shall provide moneys for cleanup of contamination caused
by releases from petroleum storage tanks, the owner or operator of which
is participating in the fund or the owner or operator of which has made
application for participation in the fund by December 31, 1997,
regardless of when such release occurred, provided that those persons who
have made application are ultimately accepted into the fund. Applicants
shall not be eligible for fund benefits until they are accepted into the
fund. This section shall not preclude the owner or operator of petroleum
storage tanks coming into service after December 31, 1997, from making
application to and participating in the petroleum storage tank insurance
fund.

(2) Notwithstanding the provisions of section 319.100 and the provisions
of subdivision (1) of this section, the fund shall provide moneys for
cleanup of contamination caused by releases from petroleum storage tanks
owned by school districts all or part of which are located in a county of
the third classification without a township form of government and having
a population of more than ten thousand seven hundred but less than eleven
thousand inhabitants, and which make application for participation in the
fund by August 28, 1999, regardless of when such release occurred.
Applicants shall not be eligible for fund benefits until they are
accepted into the fund, and costs incurred prior to that date shall not
be eligible expenses.

9. (1) The fund shall provide moneys for cleanup of contamination caused
by releases from underground storage tanks which contained petroleum and
which have been taken out of use prior to December 31, 1997, provided
such sites have been documented by or reported to the department of
natural resources prior to December 31, 1997, and provided further that
the fund shall make no reimbursements for expenses incurred prior to
August 28, 1995. The fund shall also provide moneys for cleanup of
contamination caused by releases from underground storage tanks which
contained petroleum and which have been taken out of use prior to
December 31, 1985, if the current owner of the real property where the
tanks are located purchased such property before December 31, 1985,
provided such sites are reported to the fund on or before June 30, 2000.
The fund shall make no payment for expenses incurred at such sites prior
to August 28, 1999. Nothing in sections 319.100 to 319.137 shall affect
the validity of any underground storage tank fund insurance policy in
effect on August 28, 1996.

(2) An owner or operator who submits a request as provided in this
subsection is not required to bid the costs and expenses associated with
professional environmental engineering services. The board may disapprove
all or part of the costs and expenses associated with the environmental
engineering services if the costs are excessive based upon comparable
service costs or current market value of similar services. The owner or
operator shall solicit bids for actual remediation and cleanup work as
provided by rules of the board.

10. The fund shall provide moneys for cleanup of contamination caused by
releases from aboveground storage tanks utilized for the sale of products
regulated by chapter 414, RSMo, which have been taken out of use prior to
December 31, 1997, provided such sites have been documented by or
reported to the department of natural resources prior to December 31,
1997, and provided further that the fund shall make no reimbursements for
expenses incurred prior to July 1, 1997. (L. 1989 H.B. 77, et al. § 12
subsecs. 5 to 9, A.L. 1991 S.B. 91 & 317, A.L. 1994 H.B. 1156, A.L. 1995
H.B. 251, A.L. 1996 S.B. 708, A.L. 1998 H.B. 1148 merged with S.B. 852 &
913, A.L. 1999 H.B. 603, et al., A.L. 2001 H.B. 453)

1. The board shall assess a surcharge on all petroleum products
within this state which are enumerated by section 414.032, RSMo. Except
as specified by this section, such surcharge shall be administered
pursuant to the provisions of subsections 1 to 3 of section 414.102,
RSMo, and subsections 1 and 2 of section 414.152, RSMo. Such surcharge
shall be imposed upon such petroleum products within this state and shall
be assessed on each transport load, or the equivalent of an average
transport load if moved by other means. All revenue generated by the
assessment of such surcharges shall be deposited to the credit of the
special trust fund known as the petroleum storage tank insurance fund.

2. Any person who claims to have paid the surcharge in error may file a
claim for a refund with the board within three years of the payment. The
claim shall be in writing and signed by the person or the person's legal
representative. The board's decision on the claim shall be in writing and
may be delivered to the person by first class mail. Any person aggrieved
by the board's decision may seek judicial review by bringing an action
against the board in the circuit court of Cole County pursuant to section
536.150, RSMo, no later than sixty days following the date the board's
decision was mailed. The department of revenue shall not be a party to
such proceeding.

3. The board shall assess and annually reassess the financial soundness
of the petroleum storage tank insurance fund.

4. (1) The board shall set, in a public meeting with an opportunity for
public comment, the rate of the surcharge that is to be assessed on each
such transport load or equivalent but such rate shall be no more than
sixty dollars per transport load or an equivalent thereof. A transport
load shall be deemed to be eight thousand gallons.

(2) The board may increase or decrease the surcharge, up to a maximum of
sixty dollars, only after giving at least sixty days' notice of its
intention to alter the surcharge; provided however, the board shall not
increase the surcharge by more than fifteen dollars in any year. The
board must coordinate its actions with the department of revenue to allow
adequate time for implementation of the surcharge change.

(3) If the fund's cash balance on the first day of any month exceeds the
sum of its liabilities, plus ten percent, the transport load fee shall
automatically revert to twenty-five dollars per transport load on the
first day of the second month following this event.

(4) Moneys generated by this surcharge shall not be used for any purposes
other than those outlined in sections 319.129 through 319.133 and section
319.138. Nothing in this subdivision shall limit the board's authority to
contract with the department of natural resources pursuant to section
319.129 to carry out the purposes of the fund as determined by the board.

5. The board shall ensure that the fund retain a balance of at least
twelve million dollars but not more than one hundred million dollars. If,
at the end of any quarter, the fund balance is above one hundred million
dollars, the treasurer shall notify the board thereof. The board shall
suspend the collection of fees pursuant to this section beginning on the
first day of the first quarter following the receipt of notice. If, at
the end of any quarter, the fund balance is below twenty million dollars,
the treasurer shall notify the board thereof. The board shall reinstate
the collection of fees pursuant to this section beginning on the first
day of the first quarter following the receipt of notice.

6. Railroad corporations as defined in section 388.010, RSMo, and airline
companies as defined in section 155.010, RSMo, shall not be subject to
the load fee described in this chapter nor permitted to participate in or
make claims against the petroleum storage tank insurance fund created in
section 319.129. (L. 1991 S.B. 91 & 317, A.L. 1995 H.B. 251, A.L. 1996
S.B. 708, A.L. 1998 S.B. 619, A.L. 2001 H.B. 453)

(1995) Where an underground storage tank insurance fund is financed by
fees imposed upon "persons" who first receive petroleum products within
Missouri and not to "persons" who operate underground storage tanks, the
application of section's surcharge violates the commerce clause of the
United States Constitution. Surcharge is a fee and not a tax. Reidy
Terminal, Inc. v. Director of Revenue, 898 S.W.2d 540 (Mo. en banc).

1. The board shall, in consultation with the advisory committee
established pursuant to subsection 2 of section 319.131, establish, by
rule, the amount which each owner or operator who participates in the
fund shall pay annually into the fund, but such amount shall not exceed
the limits established in this section.

2. Each participant shall annually pay an amount which shall be at least
one hundred dollars per year but not more than three hundred dollars per
year for any tank, as established by the board by rule.

3. No new registration fee is required for a change of ownership of a
petroleum storage tank.

4. The board shall establish procedures where persons owning fifty or
more petroleum storage tanks may pay any fee established pursuant to
subsection 1 of this section in installments.

5. All rules applicable to the former underground storage tank insurance
fund not inconsistent with the provisions of sections 319.100 to 319.137
shall apply to the petroleum storage tank insurance fund as of August 28,
1996. (L. 1989 H.B. 77, et al. § 12 subsecs. 10, 11, A.L. 1991 S.B. 91 &
317, A.L. 1996 S.B. 708, A.L. 1998 H.B. 1148, A.L. 2001 H.B. 453)

No person shall be liable under sections 319.100 to 319.137 for
damages as a result of actions taken or omitted in the course of
rendering care, assistance or advice at the direction of a coordinator
appointed by the department, with respect to an incident creating a
danger to the public health or welfare or the environment as a result of
any release of petroleum substances or the threat thereof. This section
shall not preclude liability for damages as the result of gross
negligence or intentional misconduct on the part of such person or for
reckless, willful, or wanton misconduct. (L. 1989 H.B. 77, et al. § 13)

1. Rules and regulations promulgated by the United States
Environmental Protection Agency under subtitle I of the federal Resource
Conservation Recovery Act of 1976 (P.L. 94-580), as amended, may be
adopted by the department by reference. The department may adopt rules
and regulations that are more stringent than those issued by the United
States Environmental Protection Agency if such rules or regulations are
necessary to protect human health or the environment. Rules and
regulations promulgated under sections 319.100 to 319.139 shall be
submitted to and reviewed by the advisory committee established by
subsection 2 of section 319.131 prior to publication. Any such rule,
except those promulgated by the petroleum storage tank insurance fund
board of trustees, shall be adopted only after due notice and public
hearing in accordance with the provisions of this section, chapter 260,
RSMo, and chapter 536, RSMo.

2. No rule or portion of a rule promulgated under the authority of
sections 319.100 to 319.139 shall become effective until it has been
approved by the joint committee on administrative rules in accordance
with the procedures provided herein, and the delegation of the
legislative authority to enact law by the adoption of such rules is
dependent upon the power of the joint committee on administrative rules
to review and suspend rules pending ratification by the senate and the
house of representatives as provided herein.

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

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

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

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

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

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

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

(5) That the rule is arbitrary and capricious.

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

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

8. Upon adoption of a rule as provided herein, any such rule or portion
thereof may be suspended or revoked by the general assembly either by
bill or, pursuant to section 8, article IV of the constitution, by
concurrent resolution upon recommendation of the joint committee on
administrative rules. The committee shall be authorized to hold hearings
and make recommendations pursuant to the provisions of section 536.037,
RSMo. The secretary of state shall publish in the Missouri Register, as
soon as practicable, notice of the suspension or revocation. (L. 1989
H.B. 77, et al. § 14, A.L. 1993 S.B. 52, A.L. 1995 H.B. 251 and S.B. 3,
A.L. 2004 S.B. 901)

Notwithstanding the provisions of section 319.100 and
subdivision (1) of subsection 3 of section 319.131, the fund shall
provide moneys for cleanup of contamination caused by the releases from
piping or related equipment of a petroleum storage tank with a capacity
of five thousand gallons or less when such retailer is the sole provider
of retail fuels within a five-mile area. The costs of the cleanup must be
incurred after April 1, 1999, and prior to April 1, 2000. The retailer
must make application for participation in the fund by August 28, 1999.
(L. 1999 H.B. 603, et al. § 3)

1. In addition to any other remedy provided by law, upon a
determination by the director that a provision of sections 319.100 to
319.137 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 violation through
conference, conciliation or persuasion and shall not be imposed for minor
violations of sections 319.100 to 319.137 or minor violations of any
standard, limitation, order, rule or regulation promulgated pursuant to
sections 319.100 to 319.137 or minor violations of any term or condition
of a permit issued pursuant to sections 319.100 to 319.137. 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 hazardous waste management 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 319.127. 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 hazardous waste management commission 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 as
provided in section 260.400, RSMo. An 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
penalty paid pursuant to this section 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., A.L. 2004
S.B. 901)

1. Notwithstanding other provisions of law to the contrary, the
state geologist and the U. S. Geological Survey shall notify the state
emergency management agency of each city, town, village or county of this
state which can be expected to experience an intensity of ground shaking
equivalent to a Modified Mercalli of VII or above from an earthquake
occurring along the New Madrid Fault with a potential magnitude of 7.6 on
the Richter Scale, shall adopt an ordinance or order requiring that new
construction, additions and alterations, as such term is defined by
either the uniform building code or building officials and code
administrators code, to existing buildings and structures within the
city, town, village or county comply with the standards for seismic
design and construction of the building officials and code administrators
code or of the uniform building code. Each city, town, village or county
required to adopt seismic design and construction provisions pursuant to
this subsection shall adopt an ordinance or order requiring that new
construction, additions and alterations, as such term is defined by
either the uniform building code or building officials and code
administrators code, comply with the standards for seismic design and
construction of the 1990 or later edition of either the uniform building
code or the building officials and code administrators code.

2. In no event shall sections 319.200 to 319.207 nor any ordinances or
orders adopted by any city, town, village or county of this state be
construed to mandate that existing buildings, by reason of any proposed
addition or alteration, be further modified or reconstructed so as to
comply with the current code relevant to seismic considerations. Seismic
design criteria as to additions and alterations apply only to structural
components constituting the addition or alteration and shall not be
applied to require reconstruction or fortification of existing structures
proposed to be altered. If any addition or alteration adversely affects
portions of existing facilities which are not being altered, then those
parts thus affected may require evaluation and possible reinforcement
such that the additions or alterations will result in a structure that is
at least as safe as it was prior to the additions or alterations. (L.
1990 S.B. 539 § 1 subsecs. 1, 6, A.L. 1991 S.B. 347, A.L. 1992 H.B. 1434
& 1490, H.B. 1574, A.L. 1996 S.B. 826)

1. The provisions of sections 319.200 to 319.207 shall apply to:

(1) All buildings upon which construction was begun after January 1,
1994, for which leases are executed by political subdivisions of this
state;

(2) All buildings upon which construction was begun after January 1,
1994, for which leases are executed by the state or any institution of
higher education, except that, this subdivision shall apply only to
twenty-five percent of such leases executed between August 28, 1991, and
January 1, 1996, and fifty percent of such leases executed between
January 1, 1996, and January 1, 1998, and seventy-five percent of such
leases executed between January 1, 1998, and January 1, 2000, and after
January 1, 2000, this subdivision shall apply to all such leases. The
commissioner of administration shall determine which leases shall be
subject to the percentages established by this subdivision.

2. The provisions of sections 319.200 to 319.207 shall not apply to:

(1) Any building owned by the state, any institution of higher education,
or any political subdivision upon which construction was begun or
finished before August 28, 1991;

(2) Any private structure with less than ten thousand square feet in
total area, except that this subdivision shall not operate to prevent a
city, town, village or county from adopting an ordinance or order
requiring that private structures with less than ten thousand square feet
in total area comply with seismic design and construction standards of
either the uniform building code or the building officials* and code
administrators code; and

(3) Any single-family or duplex residence.

3. A city, town, village or county shall be deemed in compliance with the
requirements of sections 319.200 to 319.207 when such town, city, village
or county passes an ordinance or order requiring compliance with sections
319.200 to 319.207. Nothing in sections 319.200 to 319.207 requires the
political subdivision to establish an inspection program. (L. 1990 S.B.
539 § 1 subsecs. 2, 3, 4, A.L. 1991 S.B. 347)

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

The commissioner of administration shall notify each city, town,
village or county required under sections 319.200 to 319.207 to adopt an
ordinance or order of its obligations under sections 319.200 to 319.207.
(L. 1990 S.B. 539 § 1 subsec. 7)

Beginning January 1, 1991, any city, town, village or county
which can be expected to experience an intensity of ground shaking
equivalent to a Modified Mercalli of VII or above from an earthquake
occurring along the New Madrid Fault with a potential magnitude of 7.6 on
the Richter Scale, and which does not comply with the requirements of
sections 319.200 to 319.207 shall not be eligible to receive any state
aid, assistance, grant, loan or reimbursement until compliance has been
proven to the satisfaction of the commissioner of administration. The
commissioner of administration shall notify the state treasurer and the
attorney general of any city, town, village or county which, within
ninety days after notice of noncompliance, does not comply with the
requirements of sections 319.200 to 319.207. Upon receipt of notice of
noncompliance by any city, town, village or county from the commissioner
of administration, the state treasurer shall withhold any state aid,
assistance, grant, loan or reimbursement otherwise due the city, town,
village or county until that city, town, village or county has
established compliance with sections 319.200 to 319.207 to the
satisfaction of the commissioner of administration. The attorney general
shall bring any action necessary to recover state aid, assistance, grant,
loan or reimbursement received by a city, town, village or county not in
compliance with the provisions of this act. (L. 1990 S.B. 539 § 1 subsec.
5)

1. Any owner or operator of pipelines transporting hazardous
liquids, as defined in the federal Hazardous Liquid Pipeline Safety Act
of 1979, 49 U.S.C. 2001, et seq., shall submit periodic reports to the
department of natural resources as required by the director of the
department of natural resources under this section.

2. The director may require any owner or operator, as specified in
subsection 1 of this section, to periodically report any of the following
information:

(1) The business name, address, and telephone number, including an
operations emergency telephone number, of the operator;

(2) An accurate map or maps, along with any appropriate supplementary
geographic description, showing the location of pipeline facilities of
such operator in the state;

(3) A description of the characteristics of the operator's pipelines
within the state;

(4) A description of all products transported through the operator's
pipelines within the state;

(5) The manual which governs operations and maintenance of the pipeline
facilities located in the state;

(6) An emergency response plan describing the operator's procedures for
responding to and containing releases, including:

(a) An identification of specific actions which will be taken by the
operator on discovery of a release;

(b) Liaison procedures with state and local government agencies for
emergency response; and

(c) Communication and alert procedures for immediate notification of
state and local officials at the time of any release;

(7) A report setting forth the most recent pipeline tests made and a
summary of the results thereof;

(8) Any other information the director considers useful and necessary to
inform the state regarding pipeline facilities and operations. (L. 1991
S.B. 45 § 1)

1. If the director of the department of natural resources
determines that the owner or operator of a pipeline which transports
hazardous liquids as defined in the federal Liquid Pipeline Safety Act of
1979, 49 U.S.C. 2001, et seq., is responsible for a hazardous substance
emergency, he may cause to have instituted a civil action in any court of
competent jurisdiction for injunctive relief to prevent any continuation
of the hazardous substance emergency or for the assessment of a civil
penalty up to ten thousand dollars per day for each day or part thereof
that the hazardous substance emergency occurred and continues to occur.
The director may also seek up to twenty-five hundred dollars for each
subsequent day the effect of the emergency causes noncompliance with
water quality standards promulgated by the clean water commission
pursuant to chapter 644, RSMo. The total amount of any civil penalty
imposed for violation of water quality standards shall not exceed five
hundred thousand dollars. In determining the amount of civil penalty for
noncompliance with water quality standards under this section, the court
shall consider the seriousness of the violation, the degree of
culpability involved, any other penalty imposed for the same incident,
the nature, extent and degree of success of any efforts of the violator
to minimize or mitigate the effects of the discharge, and any other
matters as justice may require. 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 hazardous substance emergency is located
or was located at the time the emergency occurred. Moneys received
pursuant to this section which are not required by article IX, section 7
of the Constitution of Missouri to be distributed to schools shall be
deposited in an appropriate subaccount of the natural resources
protection fund created in section 640.220, RSMo.

2. Commencement of an action to assess a civil penalty under this section
shall preclude the assessment of an administrative penalty for the same
violation except that this limitation shall not apply to persons whom the
department has determined to have habitually violated the requirements of
the Missouri clean water law, the clean water laws of other states or
federal laws pertaining to clean water. The commission shall promulgate
rules and regulations to provide further clarification of a habitual
violator under this subsection.

3. Any person otherwise liable under the provisions of section 319.500
and this section is not liable if he demonstrates that the hazardous
substance emergency occurred as the result of an act of God, an act of
war, an act of the state of Missouri or the United States, or solely by
the act of a third party. (L. 1991 S.B. 45 § 2)

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.