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| Home > Statutes > Usa-Missouri |
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USA Statutes : missouri
Title : PUBLIC SAFETY AND MORALS
Chapter : Chapter 323 Liquefied Petroleum Gases
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For the purposes of this chapter, the following words and
phrases shall mean:
(1) "Compressed natural gas" (CNG), a mixture of hydrocarbon gases and
vapors, consisting principally of methane in gaseous form that has been
compressed for use as a vehicular fuel;
(2) "Dispensing station", a system of compressors, safety devices,
cylinders, piping, fittings, valves, regulators, gauges, relief devices,
vents, installation fixtures and other compressed natural gas equipment
intended for use in conjunction with motor vehicle fueling by compressed
natural gas but does not include a natural gas pipeline located upstream
of the inlet of the compressor;
(3) "Liquefied petroleum gas", any material which is composed
predominantly of any of the following hydrocarbons, or mixtures of the
same: Propane, propylene, butanes (normal butane or isobutane), and
butylenes;
(4) "Motor vehicle", all vehicles except those operated on rails which
are propelled by internal combustion engines and are used or designed for
use in the transportation of a person or persons or property. (L. 1947 V.
II p. 252 § 1, A.L. 1994 S.B. 782)
1. The director of the department of agriculture shall make,
promulgate and enforce regulations setting forth general standards
covering the design, construction, location, installation and operation
of equipment for storing, handling, transporting by tank truck, tank
trailer, and utilizing liquefied petroleum gases and specifying the
odorization of such gases and the degree thereof. The regulations shall
be such as are reasonably necessary for the protection of the health,
welfare and safety of the public and persons using such materials, and
shall be in substantial conformity with the generally accepted standards
of safety concerning the same subject matter. Such regulations shall be
adopted by the director of the department of agriculture pursuant to
chapter 536, RSMo. Any rule or portion of a rule, as that term is defined
in section 536.010, RSMo, that is promulgated under the authority of this
chapter, shall become effective only if the agency has fully complied
with all of the requirements of chapter 536, RSMo, including but not
limited to section 536.028, RSMo, if applicable, after January 1, 1999.
All rulemaking authority delegated prior to January 1, 1999, is of no
force and effect and repealed as of January 1, 1999, however nothing in
this act shall be interpreted to repeal or affect the validity of any
rule adopted and promulgated prior to January 1, 1999. If the provisions
of section 536.028, RSMo, apply, the provisions of this section are
nonseverable and if any of the powers vested with the general assembly
pursuant to section 536.028, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule or portion of a rule are held
unconstitutional or invalid, the purported grant of rulemaking authority
and any rule so proposed and contained in the order of rulemaking shall
be invalid and void, except that nothing in this act shall affect the
validity of any rule adopted and promulgated prior to January 1, 1999.
2. Except as specifically provided in subsection 1 of section 323.060,
regulations in substantial conformity with the published standards of the
National Board of Fire Underwriters for the design, installation and
construction of containers and pertinent equipment for the storage and
handling of liquefied petroleum gases as recommended by the National Fire
Protection Association shall be deemed to be in substantial conformity
with the generally accepted standards of safety concerning the same
subject matter. (L. 1947 V. II p. 252 § 2, A.L. 1994 S.B. 782, A.L. 1998
S.B. 619, A.L. 2005 S.B. 182)
No person, firm or corporation, other than the owner and those
authorized by the owner so to do, shall sell, fill, refill, deliver or
permit to be delivered, or use in any manner any liquefied petroleum gas
container or receptacle for any gas, compound, or for any other purpose
whatsoever. (L. 1947 V. II p. 252 § 3)
No city, town, village, fire district, or other political
subdivision shall adopt or enforce any ordinance or regulation in
conflict with the provisions of this chapter, or with the regulations
promulgated under section 323.020. (L. 1947 V. II p. 252 § 5)
1. No person or company shall engage in this state in the
business of selling at retail of liquefied petroleum gas or in the
business of handling or transportation of liquefied petroleum gas over
the highways of this state without having first registered with the
director of the department of agriculture. Registration must be in the
appropriate class as determined by the director.
2. No person or company shall engage in this state in the business of
installing, modifying, repairing, or servicing equipment and appliances
for use with liquefied petroleum gas without having first registered with
the director of the department of agriculture. Registration must be in
the appropriate classes as determined by the director.
3. Nonresidents of the state of Missouri desiring to engage in the
business of distribution of liquefied petroleum gases at retail, or the
business of installing, repairing or servicing equipment and appliances
for use of liquefied petroleum gases, shall comply with sections 323.010
to 323.110 and rules and regulations promulgated hereunder.
4. No person registered pursuant to this section and engaged in this
state in the business of selling at retail of liquefied petroleum gas or
in the business of handling or transportation of liquefied petroleum gas
over the highways of this state shall be liable for actual or punitive
civil damages for injury to persons or property that result from any
occurrence caused by the installation, modification, repair, or servicing
of equipment and appliances for use with liquefied petroleum gas by any
other person unless such registered person had received written
notification or had other actual knowledge of such installation,
modification, repair, or servicing of equipment and appliances and failed
to inspect such installation, modification, repair, or servicing of
equipment and appliances within thirty days after receipt of such notice
or actual knowledge.
5. Nothing in this section is intended to limit the liability of any
person for any damages that arise directly from the gross negligence or
willful or wanton acts of such person.
6. All utility operations of public utility companies subject to the
safety jurisdiction of the public service commission are exempt from the
provisions of this section.
7. Persons who only sell liquefied petroleum gas in containers having a
capacity of fifty pounds or less that have been filled by another person
registered under this chapter are exempt from the provisions of this
section. (L. 1963 p. 427, A.L. 1994 S.B. 782, A.L. 1998 S.B. 619, A.L.
1999 S.B. 479, A.L. 2002 S.B. 984 & 985, A.L. 2005 S.B. 182)
All equipment shall be installed and maintained in compliance
with the safety standards and in conformity with the rules and
regulations adopted under this chapter. (L. 1963 p. 427)
1. Every person required to be registered under subsection 1 of
section 323.060 shall demonstrate financial responsibility for
compensating third parties for bodily injury and property damage caused
by the release of liquefied petroleum gas. The minimum amount of
financial responsibility shall be one million dollars per occurrence with
an annual aggregate of two million dollars.
2. A person may demonstrate financial responsibility required in
subsection 1 of this section either by self insurance or by being insured
in the manner set forth in this section.
3. A registrant may demonstrate financial responsibility by obtaining
liability insurance in the required amounts as an endorsement to an
existing policy or as a separate policy issued by an insurance company
authorized by the department of insurance to transact the business of
insurance in the state of Missouri. The endorsement or policy shall
include a requirement that the insurance company deliver a copy of any
final notice of cancellation to the department of agriculture at the same
time such a notice is provided to the insured. A copy of the certificate
of insurance evidencing such coverage shall accompany any original
application. The original insurance policy, any relevant endorsements,
and the certificate of insurance must be made available upon request for
examination and copying by the department of agriculture.
4. The director may promulgate regulations governing acceptable forms of
self insurance.
5. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2005, shall be invalid and void.
6. The provisions of this section shall become effective on January 1,
2006. (L. 2005 S.B. 182)
Effective 1-1-06
1. The director of the department of agriculture may suspend any
registration filed hereunder if the registrant violates or fails to
comply with any provision of this chapter or the rules and regulations
promulgated hereunder until the violation or failure is corrected. It is
unlawful to perform any of the acts for which registration is required
while a suspension is in effect.
2. Before suspension of any registration, written notice shall be given
to the registrant setting forth the action contemplated and the reasons
therefor. The notice shall state the time and place for a hearing on the
contemplated action and shall be sent by registered mail to the
registrant at least ten days before the hearing. At the hearing the
registrant may present evidence as he deems fit. Upon suspension of a
registration, notice shall be sent by registered mail to the last known
address of the registrant. (L. 1963 p. 427, A.L. 1994 S.B. 782)
Any person who is aggrieved by a suspension order of the
director of the department of agriculture may appeal from the suspension
order within ten days after the mailing of the notice of suspension. The
appeal shall be to the circuit court of the county in which such person
resides or has his principal place of business. The circuit court shall
review the record, permit the presentation of any additional evidence as
the parties thereto may desire, determine whether the evidence supports
the order of suspension and enter a judgment sustaining or overruling the
suspension order. (L. 1963 p. 427, A.L. 1994 S.B. 782)
The director of the department of agriculture shall annually
inspect and test all liquid meters used for the measurement and retail
sale of liquefied petroleum gas and shall condemn all meters which are
found to be inaccurate. All meters shall meet the tolerances and
specifications of the National Institute of Standards and Technology
Handbook 44, 1994 edition and supplements thereto. It is unlawful to use
a meter for retail measurement and sale which has been condemned. All
condemned meters shall be conspicuously marked "inaccurate", and the mark
shall not be removed or defaced except upon authorization of the director
of the department of agriculture or his authorized representative. It is
the duty of each person owning or in possession of a meter to pay to the
director of the department of agriculture at the time of each test a
testing fee of ten dollars, except that the testing fee herein provided
for shall not be applied more than once in a calendar year to each meter
tested.
(L. 1963 p. 427, A.L. 1994 S.B. 782)
1. Any person found in violation of any provision of sections
323.010 to 323.210 shall be deemed guilty of a class A misdemeanor. The
prosecutor of each county in which a violation occurs may bring an action
hereunder. But if a prosecutor declines to bring such action, then the
attorney general may bring an action instead, and in so doing shall have
all the powers and jurisdiction of such prosecutor.
2. Any person who is found, upon investigation by the department of
agriculture, to be in possible violation of sections 323.010 to 323.210
shall be notified by certified mail of the facts constituting such
violation, and shall be afforded an opportunity by the director to
explain such facts at an informal hearing to be conducted within fourteen
days of such notification. In the event that such person fails to timely
respond to such notification or upon unsuccessful resolution of any
issues relating to an alleged violation, such person may be summoned to a
formal administrative hearing before a department of agriculture hearing
officer. Said hearing shall be conducted in conformance with chapter 536,
RSMo. If any person is found to have committed one or more violations of
sections 323.010 to 323.210, such person may be ordered to cease and
desist from such violation, and the order shall be enforceable in any
circuit court of competent jurisdiction, and, in addition, the person may
be required to pay a penalty of not more than five hundred dollars per
violation and five hundred dollars for each day such violation continues.
Any party to such hearing aggrieved by a determination of a hearing
officer may, in accordance with chapter 536, RSMo, appeal to the circuit
court of the county in which such party resides, or if the party is the
state, in Cole County.
(L. 1963 p. 427, A.L. 1994 S.B. 782)
1. The director of the department of agriculture shall make,
promulgate and enforce regulations setting forth minimum general safety
standards covering the design, construction, location, installation and
operation of compressed natural gas (CNG) motor vehicle fuel systems and
dispensing stations. The director shall also make, promulgate and enforce
regulations setting forth registration, training and examination
requirements for persons applying for or holding registration to ensure
the safety of life and property.
2. No person shall engage in the business of installing or servicing
compressed natural gas motor fuel equipment or components or compressed
natural gas dispensing stations or components without first having
registered with the director of the department of agriculture. (L. 1994
S.B. 782)
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