EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 631
102ND GENERAL ASSEMBLY
1163S.04C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 12.070, 163.024, 196.311, 196.316, 256.700, 256.710, 259.080, 260.262,
260.273, 260.380, 260.392, 260.475, 323.100, 413.225, 444.768, 444.772, 640.099,
640.100, 643.079, 644.016, 644.051, and 644.057, RSMo, and to enact in lieu thereof
twenty-three new sections relating to environmental regulations, with an emergency
clause for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 12.070, 163.024, 196.311, 196.316, 1
256.700, 256.710, 259.080, 260.262, 260.273, 260.380, 260.392, 2
260.475, 323.100, 413.225, 444.768, 444.772, 640.099, 640.100, 3
643.079, 644.016, 644.051, and 644.057, RSMo, are repealed and 4
twenty-three new sections enacted in lieu thereof, to be known 5
as sections 12.070, 163.024, 196.311, 196.316, 256.700, 6
256.710, 259.080, 260.262, 2 60.273, 260.380, 260.392, 260.475, 7
323.100, 413.225, 444.768, 444.772, 640.023, 640.099, 640.100, 8
643.079, 644.016, 644.051, and 644.057, to read as follows:9
12.070. 1. All sums of money received from the United 1
States under an act of Congress, ap proved May 23, 1908, 2
being an act providing for the payment to the states of 3
twenty-five percent of all money received from the national 4
forest reserves in the states for forest timber and other 5
forest products to be expended as the legislature may 6
prescribe for the benefit of the public schools and public 7 SCS HCS HB 631 2
roads of the county or counties in which the forest reserve 8
is situated (16 U.S.C.A. § 500) shall be expended as 9
follows: Seventy-five percent for the public schools and 10
twenty-five percent for roads in the counties in which 11
national forests are situated. The funds shall be used to 12
aid in maintaining the schools and roads of those school 13
districts that lie or are situated partly or wholly within 14
or adjacent to the national forest in the coun ty. The 15
distribution to each county from the proceeds received on 16
account of a national forest within its boundaries shall be 17
in the proportion that the area of the national forest in 18
the county bears to the total area of the forest in the 19
state, as of June thirtieth of the fiscal year for which the 20
money is received. 21
2. All sums of moneys received from the United States 22
under 16 U.S.C. Section 500 and 16 U.S.C. Section 520 23
providing for the payment to the states of all moneys 24
received from the national forest reserves in the states for 25
mineral products to be expended as the legislature may 26
prescribe for the benefit of the public schools and public 27
roads of the county or counties in which the forest reserve 28
is situated shall be expended a s follows: fifty percent for 29
the public schools and fifty percent for roads in the 30
counties in which the national forests are situated. The 31
distribution to each county from the proceeds received on 32
account of a national forest within its boundaries s hall be 33
as follows: eighty-five percent of all proceeds shall be 34
split in proportional shares based on the amount of minerals 35
extracted per year in each county where mining occurs and 36
fifteen percent of all proceeds shall be split equally 37
between counties where there is no mining. 38 SCS HCS HB 631 3
163.024. 1. All moneys received in the Iron County 1
school fund, Reynolds County school fund, Jefferson County 2
school fund, and Washington County school fund from the 3
payment of a civil penalty pursuan t to a consent decree 4
filed in the United States district court for the eastern 5
district of Missouri in December, 2011, in the case of 6
United States of America and State of Missouri v. the Doe 7
Run Resources Corporation d/b/a "The Doe Run Company," and 8
the Buick Resource Recycling Facility, LLC, because of 9
environmental violations shall not be included in any 10
district's local effort figure, as such term is defined in 11
section 163.011. The provisions of this [section] 12
subsection shall terminate on Ju ly 1, 2016. 13
2. (1) No moneys received in the Iron County school 14
fund from the payment of any penalty, whether to resolve 15
violations or as payment of any stipulated penalty, under 16
Administrative Order on Consent No. APCP -2019-001 ("Order") 17
issued by the department of natural resources and effective 18
on August 30, 2019, shall be included as part of such school 19
district's local effort for the calculation of local effort 20
under section 163.011. 21
(2) The department of elementary and secondary 22
education shall reimburse such school district for the 23
amount of any moneys described in subdivision (1) of this 24
subsection that are or have been included in such school 25
district's local effort contrary to subdivision (1) of this 26
subsection. 27
(3) The department of natural resources shall notify 28
the revisor of statutes when the Order is terminated as 29
provided in the Order, and this subsection shall expire on 30
the last day of the fiscal year in which the revisor 31
receives such notification from the department. 32 SCS HCS HB 631 4
196.311. Unless otherwise indicated by the context, 1
when used in sections 196.311 to 196.361: 2
(1) "Consumer" means any person who purchases eggs for 3
his or her own family use or consumption; or any restaurant, 4
hotel, boardinghouse, bakery, or other institution or 5
concern which purchases eggs for serving to guests or 6
patrons thereof, or for its own use in cooking, baking, or 7
manufacturing their products; 8
(2) "Container" means any box, case, basket, carton, 9
sack, bag, or other receptacle. "Subcontainer" means any 10
container when being used within another container; 11
(3) "Dealer" means any person who purchases eggs from 12
the producers thereof, or another dealer, for the purpose of 13
selling such eggs to an other dealer, a processor, or 14
retailer; 15
(4) "Denatured" means eggs (a) made unfit for human 16
food by treatment or the addition of a foreign substance, or 17
(b) with one-half or more of the shell's surface covered by 18
a permanent black, dark purple or dark blue dye; 19
(5) "Director" means the director of the department of 20
agriculture; 21
(6) "Eggs" means the shell eggs of a domesticated 22
chicken, turkey, duck, quail, goose, or guinea that are 23
intended for human consumption; 24
(7) "Inedible eggs" means eggs which are defined as 25
such in the rules and regulations of the director adopted 26
under sections 196.311 to 196.361, which definition shall 27
conform to the specifications adopted therefor by the United 28
States Department of Agriculture; 29
(8) "Person" means and includes any individual, firm, 30
partnership, exchange, association, trustee, receiver, 31 SCS HCS HB 631 5
corporation or any other business organization, and any 32
member, officer or employee thereof; 33
(9) "Processor" means any person engaged in breaking 34
eggs or manufacturing or processing egg liquids, whole egg 35
meats, yolks, whites, or any mixture of yolks and whites, 36
with or without the addition of other ingredients, whether 37
chilled, frozen, condensed, concentrated, dried, powdered or 38
desiccated; 39
(10) "Retailer" means any person who sells eggs to a 40
consumer; 41
(11) "Sell" means offer for sale, expose for sale, 42
have in possession for sale, exchange, barter, or trade. 43
196.316. 1. All persons engaged in buyin g, selling, 1
trading or trafficking in, or processing eggs, except those 2
listed in section 196.313, shall be required to be licensed 3
under sections 196.311 to 196.361. Such persons shall file 4
an annual application for such license on forms to be 5
prescribed by the director, and shall obtain an annual 6
license for each separate place of business from the 7
director. The following types of licenses shall be issued: 8
(1) A "retailer's license" shall be required of any 9
person defined as a retailer in section 196.311. A holder 10
of a retailer's license shall not, by virtue of such 11
license, be permitted or authorized to buy eggs from any 12
person other than a licensed dealer, and any retailer 13
desiring to buy eggs from persons other than licensed 14
dealers shall obtain a dealer's license in addition to a 15
retailer's license. Such fees shall not exceed one hundred 16
dollars annually per license. 17
(2) A "dealer's license" shall be required of any 18
person defined as a dealer in section 196.311. A holder of 19
a dealer's license shall not, by virtue of such license, be 20 SCS HCS HB 631 6
authorized or permitted to sell eggs to consumers, and any 21
dealer desiring to sell eggs to consumers shall obtain a 22
retailer's license in addition to a dealer's license. Such 23
fees shall not exceed one hundred seventy five dollars 24
annually per license. 25
(3) A "processor's license" shall be required of any 26
person defined as a processor in section 196.311. A holder 27
of a processor's license shall not, by virtue of such 28
license, be authorized or permitted to sell eggs in the 29
shell to other persons, and any person desiring to sell eggs 30
in the shell to other persons shall obtain a dealer's 31
license in addition to a processor's license. Such fees 32
shall not exceed two hundred fifty do llars annually per 33
license. 34
2. [The annual license fee shall be: 35
36 (1) Retailers $ 5.00
37
38
39
40
(2) Dealers—License fees for dealers shall be
determined on the basis of cases (30 dozen
per case) of eggs sold in the shell in any
one week, as follows:
41 (a) 1 to 25 cases $ 5.00
42 (b) 26 to 50 cases 12.50
43 (c) 51 to 100 cases 25.00
44 (d) more than 100 cases 50.00
45
46
47
48
49
(3) Processors—License fees for processors shall
be determined on the basis of cases (30 dozen
per case) of eggs, or the equivalent in
liquid or frozen eggs, processed in any one
day, as follows:
50 (a) Less than 50 cases $ 25.00 SCS HCS HB 631 7
[3.] All licenses shall be conspicuously po sted in the 54
place of business to which it applies. The license year 55
shall be twelve months, or any fraction thereof, beginning 56
July first and ending June thirtieth. 57
[4.] 3. No license shall be transferable, but it may 58
be moved from one place to another by the consent of the 59
director. 60
[5.] 4. All moneys received from license fees 61
collected hereunder shall be deposited in the state treasury 62
to the credit of the agriculture protection fund created in 63
section 261.200. 64
256.700. 1. Any operator desiring to engage in 1
surface mining who applies for a permit under section 2
444.772 shall, in addition to all other fees authorized 3
under such section, annually submit a geologic resources 4
fee. Such fee shall be deposited in the geologic resources 5
fund established and expended under section 256.705. For 6
any operator of a gravel mining operation where the annual 7
tonnage of gravel mined by such operator is less than five 8
thousand tons, there shall be no fee under this secti on. 9
2. The director of the department of natural resources 10
may require a geologic resources fee for each permit not to 11
exceed one hundred dollars. The director may also require a 12
geologic resources fee for each site listed on a permit not 13
to exceed one hundred dollars for each site. The director 14
may also require a geologic resources fee for each acre 15
51 (b) More than 50 and less than 250 cases 50.00
52 (c) More than 250 and less than 1000 cases 75.00
53 (d) More than 1000 cases 100.00] SCS HCS HB 631 8
permitted by the operator under section 444.772 not to 16
exceed ten dollars per acre. If such fee is assessed, the 17
fee per acre on all acres bon ded by a single operator that 18
exceeds a total of three hundred acres shall be reduced by 19
fifty percent. In no case shall the geologic resources fee 20
portion for any permit issued under section 444.772 be more 21
than three thousand five hundred dollars. 22
3. Beginning August 28, 2007, the geologic resources 23
fee shall be set at a permit fee of fifty dollars, a site 24
fee of fifty dollars, and an acre fee of six dollars. Fees 25
may be raised as allowed in this subsection by a regulation 26
change promulgated by the director of the department of 27
natural resources. Prior to such a regulation change, the 28
director shall consult the industrial minerals advisory 29
council created under section 256.710 in order to determine 30
the need for such an increase in fees . 31
4. Fees imposed under this section shall become 32
effective August 28, 2007, and shall expire on December 31, 33
[2025] 2031. No other provisions of sections 256.700 to 34
256.710 shall expire. 35
5. The department of natural resources may promulgat e 36
rules to implement the provisions of sections 256.700 to 37
256.710. Any rule or portion of a rule, as that term is 38
defined in section 536.010, that is created under the 39
authority delegated in this section shall become effective 40
only if it complies wi th and is subject to all of the 41
provisions of chapter 536 and, if applicable, section 42
536.028. This section and chapter 536 are nonseverable and 43
if any of the powers vested with the general assembly under 44
chapter 536 to review, to delay the effective date, or to 45
disapprove and annul a rule are subsequently held 46
unconstitutional, then the grant of rulemaking authority and 47 SCS HCS HB 631 9
any rule proposed or adopted after August 28, 2007, shall be 48
invalid and void. 49
256.710. 1. There is hereby created an advisory 1
council to the state geologist known as the "Industrial 2
Minerals Advisory Council". The council shall be composed 3
of nine members as follows: 4
(1) The director of the department of transportation 5
or his or her designee; 6
(2) Eight representatives of the following industries , 7
with no more than four appointees from any one industry, 8
appointed by the director of the department of natural 9
resources: 10
(a) [Three representing the ] Limestone quarry 11
operators; 12
(b) [One representing the] Clay mining [industry]; 13
(c) [One representing the ] Sandstone mining [industry]; 14
(d) [One representing the ] Sand and gravel mining 15
[industry]; 16
(e) [One representing the ] Barite mining [industry]; 17
[and] 18
(f) [One representing the] Granite mining [industry]; 19
and 20
(g) Other nonmetallic surface mining . 21
The director of the department of natural resources or his 22
or her designee shall act as chairperson of the council and 23
convene the council as needed. 24
2. The advisory council shall: 25
(1) Meet at least once each year; 26
(2) Annually review with the state geologist the 27
income received and expenditures made under sections 256.700 28
and 256.705; 29 SCS HCS HB 631 10
(3) Consider all information and advise the direct or 30
of the department of natural resources in determining the 31
method and amount of fees to be assessed; 32
(4) In performing its duties under this subsection, 33
represent the best interests of the Missouri mining industry; 34
(5) Serve in an advisory capacity in all matters 35
pertaining to the administration of this section and section 36
256.700; 37
(6) Serve in an advisory capacity in all other matters 38
brought before the council by the director of the department 39
of natural resources. 40
3. All members of the advisory council, with the 41
exception of the director of the department of 42
transportation or his or her designee who shall serve 43
indefinitely, shall serve for terms of three years and until 44
their successors are duly appointed and qualifie d; except 45
that, of the members first appointed: 46
(1) One member who represents the limestone quarry 47
operators, the representative of the clay mining industry, 48
and the representative of the sandstone mining industry 49
shall serve terms of three years ; 50
(2) One member who represents the limestone quarry 51
operators, the representative of the sand and gravel mining 52
industry, and the representative of the barite mining 53
industry shall serve terms of two years; and 54
(3) One member who represents the limestone quarry 55
operators, and the representative of the granite mining 56
industry shall serve a term of one year. 57
4. All members shall be residents of this state. Any 58
member may be reappointed. 59
5. All members shall be reimbursed for re asonable 60
expenses incurred in the performance of their official 61 SCS HCS HB 631 11
duties in accordance with the reimbursement policy set by 62
the director. All reimbursements paid under this section 63
shall be paid from fees collected under section 256.700. 64
6. Every vacancy on the advisory council shall be 65
filled by the director of the department of natural 66
resources. The person selected to fill any such vacancy 67
shall possess the same qualifications required by this 68
section as the member he or she replaces and sh all serve 69
until the end of the unexpired term of his or her 70
predecessor. 71
259.080. 1. It shall be unlawful to commence 1
operations for the drilling of a well for oil or gas, or to 2
commence operations to deepen any well to a different 3
geological formation, or to commence injection activities 4
for enhanced recovery of oil or gas or for disposal of 5
fluids, without first giving the state geologist notice of 6
intention to drill or intention to inject and first 7
obtaining a permit from th e state geologist under such rules 8
and regulations as may be prescribed by the council. 9
2. The department of natural resources may conduct a 10
comprehensive review, and propose a new fee structure, or 11
propose changes to the oil and gas fee structure , which may 12
include but need not be limited to permit application fees, 13
operating fees, closure fees, and late fees, and an 14
extraction or severance fee. The comprehensive review shall 15
include stakeholder meetings in order to solicit stakeholder 16
input from each of the following groups: oil and gas 17
industry representatives, the advisory committee, and any 18
other interested parties. Upon completion of the 19
comprehensive review, the department shall submit a proposed 20
fee structure or changes to the oi l and gas fee structure 21
with stakeholder agreement to the oil and gas council. The 22 SCS HCS HB 631 12
council shall review such recommendations at the forthcoming 23
regular or special meeting, but shall not vote on the fee 24
structure until a subsequent meeting. If the council 25
approves, by vote of two -thirds majority, the fee structure 26
recommendations, the council shall authorize the department 27
to file a notice of proposed rulemaking containing the 28
recommended fee structure, and after considering public 29
comments may authorize the department to file the final 30
order of rulemaking for such rule with the joint committee 31
on administrative rules under sections 536.021 and 536.024 32
no later than December first of the same year. If such 33
rules are not disapproved by the gene ral assembly in the 34
manner set out in this section, they shall take effect on 35
January first of the following year, at which point the 36
existing fee structure shall expire. Any regulation 37
promulgated under this subsection shall be deemed beyond the 38
scope and authority provided in this subsection, or 39
detrimental to permit applicants, if the general assembly, 40
within the first sixty calendar days of the regular session 41
immediately following the filing of such regulation, 42
disapproves the regulation by c oncurrent resolution. If the 43
general assembly so disapproved any regulation filed under 44
this subsection, the department and the council shall not 45
implement the proposed fee structure and shall continue to 46
use the previous fee structure. The authority of the 47
council to further revise the fee structure as provided in 48
this subsection shall expire on August 28, [2025] 2031. If 49
the council's authority to revise the fee structure as 50
provided by this subsection expires, the fee structure in 51
place at the time of expiration shall remain in place . 52
3. Failure to pay the fees, or any portion thereof, 53
established under this section or to submit required 54 SCS HCS HB 631 13
reports, forms or information by the due date shall result 55
in the imposition of a late fee establi shed by the council. 56
The department may issue an administrative order requiring 57
payment of unpaid fees or may request that the attorney 58
general bring an action in the appropriate circuit court to 59
collect any unpaid fee, late fee, interest, or attorney 's 60
fees and costs incurred directly in fee collection. Such 61
action may be brought in the circuit court of Cole County, 62
or, in the case of well fees, in the circuit court of the 63
county in which the well is located. 64
260.262. A person selling lead-acid batteries at 1
retail or offering lead -acid batteries for retail sale in 2
the state shall: 3
(1) Accept, at the point of transfer, in a quantity at 4
least equal to the number of new lead -acid batteries 5
purchased, used lead -acid batteries from customers, if 6
offered by customers; 7
(2) Post written notice which must be at least four 8
inches by six inches in size and must contain the universal 9
recycling symbol and the following language: 10
(a) It is illegal to discard a motor v ehicle battery 11
or other lead-acid battery; 12
(b) Recycle your used batteries; and 13
(c) State law requires us to accept used motor vehicle 14
batteries, or other lead -acid batteries for recycling, in 15
exchange for new batteries purchased; and 16
(3) Manage used lead-acid batteries in a manner 17
consistent with the requirements of the state hazardous 18
waste law; 19
(4) Collect at the time of sale a fee of fifty cents 20
for each lead-acid battery sold. Such fee shall be added to 21
the total cost to the purchaser at retail after all 22 SCS HCS HB 631 14
applicable sales taxes on the battery have been computed. 23
The fee imposed, less six percent of fees collected, which 24
shall be retained by the seller as collection costs, shall 25
be paid to the department of revenue in the form and manner 26
required by the department and shall include the total 27
number of batteries sold during the preceding month. The 28
department of revenue shall promulgate rules and regulations 29
necessary to administer the fee collection and enforcement . 30
The terms "sold at retail" and "retail sales" do not include 31
the sale of batteries to a person solely for the purpose of 32
resale, if the subsequent retail sale in this state is to 33
the ultimate consumer and is subject to the fee. However, 34
this fee shall not be paid on batteries sold for use in 35
agricultural operations upon written certification by the 36
purchaser; and 37
(5) The department of revenue shall administer, 38
collect, and enforce the fee authorized pursuant to this 39
section pursuant to th e same procedures used in the 40
administration, collection, and enforcement of the general 41
state sales and use tax imposed pursuant to chapter 144 42
except as provided in this section. The proceeds of the 43
battery fee, less four percent of the proceeds, wh ich shall 44
be retained by the department of revenue as collection 45
costs, shall be transferred by the department of revenue 46
into the hazardous waste fund, created pursuant to section 47
260.391. The fee created in subdivision (4) and this 48
subdivision shall be effective October 1, 2005. The 49
provisions of subdivision (4) and this subdivision shall 50
terminate December 31, [2023] 2029. 51
260.273. 1. Any person purchasing a new tire may 1
present to the seller the used tire or remains of suc h used 2
tire for which the new tire purchased is to replace. 3 SCS HCS HB 631 15
2. A fee for each new tire sold at retail shall be 4
imposed on any person engaging in the business of making 5
retail sales of new tires within this state. The fee shall 6
be charged by the retailer to the person who purchases a 7
tire for use and not for resale. Such fee shall be imposed 8
at the rate of fifty cents for each new tire sold. Such fee 9
shall be added to the total cost to the purchaser at retail 10
after all applicable sales taxes on the tires have been 11
computed. The fee imposed, less six percent of fees 12
collected, which shall be retained by the tire retailer as 13
collection costs, shall be paid to the department of revenue 14
in the form and manner required by the department of re venue 15
and shall include the total number of new tires sold during 16
the preceding month. The department of revenue shall 17
promulgate rules and regulations necessary to administer the 18
fee collection and enforcement. The terms "sold at retail" 19
and "retail sales" do not include the sale of new tires to a 20
person solely for the purpose of resale, if the subsequent 21
retail sale in this state is to the ultimate consumer and is 22
subject to the fee. 23
3. The department of revenue shall administer, collect 24
and enforce the fee authorized pursuant to this section 25
pursuant to the same procedures used in the administration, 26
collection and enforcement of the general state sales and 27
use tax imposed pursuant to chapter 144 except as provided 28
in this section. The proceeds of the new tire fee, less 29
four percent of the proceeds, which shall be retained by the 30
department of revenue as collection costs, shall be 31
transferred by the department of revenue into an appropriate 32
subaccount of the solid waste management fund, created 33
pursuant to section 260.330. 34 SCS HCS HB 631 16
4. Up to five percent of the revenue available may be 35
allocated, upon appropriation, to the department of natural 36
resources to be used cooperatively with the department of 37
elementary and secondary educa tion for the purposes of 38
developing environmental educational materials, programs, 39
and curriculum that assist in the department's 40
implementation of sections 260.200 to 260.345. 41
5. Up to fifty percent of the moneys received pursuant 42
to this section may, upon appropriation, be used to 43
administer the programs imposed by this section. Up to forty - 44
five percent of the moneys received under this section may, 45
upon appropriation, be used for the grants authorized in 46
subdivision (2) of subsection 6 of t his section. All 47
remaining moneys shall be allocated, upon appropriation, for 48
the projects authorized in section 260.276, except that any 49
unencumbered moneys may be used for public health, 50
environmental, and safety projects in response to 51
environmental or public health emergencies and threats as 52
determined by the director. 53
6. The department shall promulgate, by rule, a 54
statewide plan for the use of moneys received pursuant to 55
this section to accomplish the following: 56
(1) Removal of scrap tires from illegal tire dumps; 57
(2) Providing grants to persons that will use products 58
derived from scrap tires, or use scrap tires as a fuel or 59
fuel supplement; and 60
(3) Resource recovery activities conducted by the 61
department pursuant to s ection 260.276. 62
7. The fee imposed in subsection 2 of this section 63
shall begin the first day of the month which falls at least 64
thirty days but no more than sixty days immediately 65 SCS HCS HB 631 17
following August 28, 2005, and shall terminate December 31, 66
[2025] 2031. 67
260.380. 1. After six months from the effective date 1
of the standards, rules and regulations adopted by the 2
commission pursuant to section 260.370, hazardous waste 3
generators located in Missouri shall: 4
(1) Promptly file and maintain with the department, on 5
registration forms it provides for this purpose, information 6
on hazardous waste generation and management as specified by 7
rules and regulations. Hazardous waste generators shall pay 8
a one hundred dollar registratio n fee upon initial 9
registration, and a one hundred dollar registration renewal 10
fee annually thereafter to maintain an active registration. 11
Such fees shall be deposited in the hazardous waste fund 12
created in section 260.391; 13
(2) Containerize and label all hazardous wastes as 14
specified by standards, rules and regulations; 15
(3) Segregate all hazardous wastes from all 16
nonhazardous wastes and from noncompatible wastes, materials 17
and other potential hazards as specified by standards, rules 18
and regulations; 19
(4) Provide safe storage and handling, including spill 20
protection, as specified by standards, rules and 21
regulations, for all hazardous wastes from the time of their 22
generation to the time of their removal from the site of 23
generation; 24
(5) Unless provided otherwise in the rules and 25
regulations, utilize only a hazardous waste transporter 26
holding a license pursuant to sections 260.350 to 260.430 27
for the removal of all hazardous wastes from the premises 28
where they were generated ; 29 SCS HCS HB 631 18
(6) Unless provided otherwise in the rules and 30
regulations, provide a separate manifest to the transporter 31
for each load of hazardous waste transported from the 32
premises where it was generated. The generator shall 33
specify the destination of su ch load on the manifest. The 34
manner in which the manifest shall be completed, signed and 35
filed with the department shall be in accordance with rules 36
and regulations; 37
(7) Utilize for treatment, resource recovery, disposal 38
or storage of all hazard ous wastes, only a hazardous waste 39
facility authorized to operate pursuant to sections 260.350 40
to 260.430 or the federal Resource Conservation and Recovery 41
Act, or a state hazardous waste management program 42
authorized pursuant to the federal Resource C onservation and 43
Recovery Act, or any facility exempted from the permit 44
required pursuant to section 260.395; 45
(8) Collect and maintain such records, perform such 46
monitoring or analyses, and submit such reports on any 47
hazardous waste generated, its transportation and final 48
disposition, as specified in sections 260.350 to 260.430 and 49
rules and regulations adopted pursuant to sections 260.350 50
to 260.430; 51
(9) Make available to the department upon request 52
samples of waste and all records relat ing to hazardous waste 53
generation and management for inspection and copying and 54
allow the department to make unhampered inspections at any 55
reasonable time of hazardous waste generation and management 56
facilities located on the generator's property and h azardous 57
waste generation and management practices carried out on the 58
generator's property; 59
(10) (a) Pay annually, on or before January first of 60
each year, effective January 1, 1982, a fee to the state of 61 SCS HCS HB 631 19
Missouri to be placed in the hazardous w aste fund. The fee 62
shall be five dollars per ton or portion thereof of 63
hazardous waste registered with the department as specified 64
in subdivision (1) of this subsection for the twelve -month 65
period ending June thirtieth of the previous year. However, 66
the fee shall not exceed fifty -two thousand dollars per 67
generator site per year nor be less than one hundred fifty 68
dollars per generator site per year. 69
(b) All moneys payable pursuant to the provisions of 70
this subdivision shall be promptly transm itted to the 71
department of revenue, which shall deposit the same in the 72
state treasury to the credit of the hazardous waste fund 73
created in section 260.391. 74
(c) The hazardous waste management commission shall 75
establish and submit to the departmen t of revenue procedures 76
relating to the collection of the fees authorized by this 77
subdivision. Such procedures shall include, but not be 78
limited to, necessary records identifying the quantities of 79
hazardous waste registered, the form and submission of 80
reports to accompany the payment of fees, the time and 81
manner of payment of fees, which shall not be more often 82
than quarterly. 83
(d) Notwithstanding any statutory fee amounts or 84
maximums to the contrary, the director of the department of 85
natural resources may conduct a comprehensive review and 86
propose changes to the fee structure set forth in this 87
section. The comprehensive review shall include stakeholder 88
meetings in order to solicit stakeholder input from each of 89
the following groups: cement kiln representatives, chemical 90
companies, large and small hazardous waste generators, and 91
any other interested parties. Upon completion of the 92
comprehensive review, the department shall submit a proposed 93 SCS HCS HB 631 20
fee structure with stakeholder agreement to the hazardous 94
waste management commission. The commission shall review 95
such recommendations at the forthcoming regular or special 96
meeting, but shall not vote on the fee structure until a 97
subsequent meeting. If the commission approves, by vote of 98
two-thirds majority or five of seven commissioners, the fee 99
structure recommendations, the commission shall authorize 100
the department to file a notice of proposed rulemaking 101
containing the recommended fee structure, and after 102
considering public comments m ay authorize the department to 103
file the order of rulemaking for such rule with the joint 104
committee on administrative rules pursuant to sections 105
536.021 and 536.024 no later than December first of the same 106
year. If such rules are not disapproved by the general 107
assembly in the manner set out below, they shall take effect 108
on January first of the following calendar year and the fee 109
structure set out in this section shall expire upon the 110
effective date of the commission -adopted fee structure, 111
contrary to subsection 4 of this section. Any regulation 112
promulgated under this subsection shall be deemed to be 113
beyond the scope and authority provided in this subsection, 114
or detrimental to permit applicants, if the general 115
assembly, within the first sixty ca lendar days of the 116
regular session immediately following the filing of such 117
regulation disapproves the regulation by concurrent 118
resolution. If the general assembly so disapproves any 119
regulation filed under this subsection, the department and 120
the commission shall not implement the proposed fee 121
structure and shall continue to use the previous fee 122
structure. The authority of the commission to further 123
revise the fee structure as provided by this subsection 124
shall expire on August 28, [2024. Any fee, bond, or 125 SCS HCS HB 631 21
assessment structure established pursuant to the process in 126
this section shall expire on August 28, 2024 ] 2030. If the 127
commission's authority to revise the fee structure as 128
provided by this subsection expires, the fee structure in 129
place at the time of expiration shall remain in place . 130
2. Missouri treatment, storage, or disposal facilities 131
shall pay annually, on or before January first of each year, 132
a fee to the department equal to two dollars per ton or 133
portion thereof for all hazard ous waste received from 134
outside the state. This fee shall be based on the hazardous 135
waste received for the twelve -month period ending June 136
thirtieth of the previous year. 137
3. Exempted from the requirements of this section are 138
individual household ers and farmers who generate only small 139
quantities of hazardous waste and any person the commission 140
determines generates only small quantities of hazardous 141
waste on an infrequent basis, except that: 142
(1) Householders, farmers and exempted persons s hall 143
manage all hazardous wastes they may generate in a manner so 144
as not to adversely affect the health of humans, or pose a 145
threat to the environment, or create a public nuisance; and 146
(2) The department may determine that a specific 147
quantity of a specific hazardous waste requires special 148
management. Upon such determination and after public notice 149
by press release or advertisement thereof, including 150
instructions for handling and delivery, generators exempted 151
pursuant to this subsection shall deliver, but without a 152
manifest or the requirement to use a licensed hazardous 153
waste transporter, such waste to: 154
(a) Any storage, treatment or disposal site authorized 155
to operate pursuant to sections 260.350 to 260.430 or the 156
federal Resource Con servation and Recovery Act, or a state 157 SCS HCS HB 631 22
hazardous waste management program authorized pursuant to 158
the federal Resource Conservation and Recovery Act which the 159
department designates for this purpose; or 160
(b) A collection station or vehicle which the 161
department may arrange for and designate for this purpose. 162
4. Failure to pay the fee, or any portion thereof, 163
prescribed in this section by the due date shall result in 164
the imposition of a penalty equal to fifteen percent of the 165
original fee. The fee prescribed in this section shall 166
expire December 31, 2018, except that the department shall 167
levy and collect this fee for any hazardous waste generated 168
prior to such date and reported to the department. 169
260.392. 1. As used in sections 260.392 to 260.399, 1
the following terms mean: 2
(1) "Cask", all the components and systems associated 3
with the container in which spent fuel, high -level 4
radioactive waste, highway route controlled quantity, or 5
transuranic radioactive waste are stored; 6
(2) "High-level radioactive waste", the highly 7
radioactive material resulting from the reprocessing of 8
spent nuclear fuel including liquid waste produced directly 9
in reprocessing and any solid material derived from such 10
liquid waste that contains fission products in sufficient 11
concentrations, and other highly radioactive material that 12
the United States Nuclear Regulatory Commission has 13
determined to be high -level radioactive waste requiring 14
permanent isolation; 15
(3) "Highway route controlled quantity", as defined in 16
49 CFR Part 173.403, as amended, a quantity of radioactive 17
material within a single package. Highway route controlled 18
quantity shipments of thirty miles or less within the state 19
are exempt from the provisions of this section; 20 SCS HCS HB 631 23
(4) "Low-level radioactive waste", any radioactive 21
waste not classified as high -level radioactive waste, 22
transuranic radioactive waste, or spent nuclear fuel by the 23
United States Nuclear Regulatory Commission, consistent with 24
existing law. Shipment of all sealed sources meeting the 25
definition of low-level radioactive waste, shipments of low - 26
level radioactive waste that are within a radius of no more 27
than fifty miles from the point of origin, and all naturally 28
occurring radioactive material given written approval for 29
landfill disposal by the Missouri department of natural 30
resources under 10 CSR 80 - 3.010 are exempt from the 31
provisions of this section. Any low-level radioactive waste 32
that has a radioactive half -life equal to or less than one 33
hundred twenty days is exempt from the provisions of this 34
section; 35
(5) "Shipper", the generator, owner, or company 36
contracting for transportation by truck or rail of the spent 37
fuel, high-level radioactive waste, highway route c ontrolled 38
quantity shipments, transuranic radioactive waste, or low - 39
level radioactive waste; 40
(6) "Spent nuclear fuel", fuel that has been withdrawn 41
from a nuclear reactor following irradiation, the 42
constituent elements of which have not been sepa rated by 43
reprocessing; 44
(7) "State-funded institutions of higher education", 45
any campus of any university within the state of Missouri 46
that receives state funding and has a nuclear research 47
reactor; 48
(8) "Transuranic radioactive waste", defin ed in 40 CFR 49
Part 191.02, as amended, as waste containing more than one 50
hundred nanocuries of alpha -emitting transuranic isotopes 51
with half-lives greater than twenty years, per gram of 52 SCS HCS HB 631 24
waste. For the purposes of this section, transuranic waste 53
shall not include: 54
(a) High-level radioactive wastes; 55
(b) Any waste determined by the Environmental 56
Protection Agency with the concurrence of the Environmental 57
Protection Agency administrator that does not need the 58
degree of isolation required by this section; or 59
(c) Any waste that the United States Nuclear 60
Regulatory Commission has approved for disposal on a case -by- 61
case basis in accordance with 10 CFR Part 61, as amended. 62
2. Any shipper that ships high -level radioactive 63
waste, transuranic radioactive waste, highway route 64
controlled quantity shipments, spent nuclear fuel, or low - 65
level radioactive waste through or within the state shall be 66
subject to the fees established in this subsection, provided 67
that no state-funded institution of higher education that 68
ships nuclear waste shall pay any such fee. These higher 69
education institutions shall reimburse the Missouri state 70
highway patrol directly for all costs related to shipment 71
escorts. The fees for all other shipments shall be : 72
(1) One thousand eight hundred dollars for each truck 73
transporting through or within the state high -level 74
radioactive waste, transuranic radioactive waste, spent 75
nuclear fuel or highway route controlled quantity 76
shipments. All truck shipments of high-level radioactive 77
waste, transuranic radioactive waste, spent nuclear fuel, or 78
highway route controlled quantity shipments are subject to a 79
surcharge of twenty-five dollars per mile for every mile 80
over two hundred miles traveled within the stat e; 81
(2) One thousand three hundred dollars for the first 82
cask and one hundred twenty -five dollars for each additional 83
cask for each rail shipment through or within the state of 84 SCS HCS HB 631 25
high-level radioactive waste, transuranic radioactive waste, 85
or spent nuclear fuel; 86
(3) One hundred twenty-five dollars for each truck or 87
train transporting low -level radioactive waste through or 88
within the state. 89
The department of natural resources may accept an annual 90
shipment fee as negotiated with a shipper or accept payment 91
per shipment. 92
3. All revenue generated from the fees established in 93
subsection 2 of this section shall be deposited into the 94
environmental radiation monitoring fund established in 95
section 260.750 and shall be used by the departmen t of 96
natural resources to achieve the following objectives and 97
for purposes related to the shipment of high -level 98
radioactive waste, transuranic radioactive waste, highway 99
route controlled quantity shipments, spent nuclear fuel, or 100
low-level radioactive waste, including, but not limited to: 101
(1) Inspections, escorts, and security for waste 102
shipment and planning; 103
(2) Coordination of emergency response capability; 104
(3) Education and training of state, county, and local 105
emergency responders; 106
(4) Purchase and maintenance of necessary equipment 107
and supplies for state, county, and local emergency 108
responders through grants or other funding mechanisms; 109
(5) Emergency responses to any transportation incident 110
involving the high-level radioactive waste, transuranic 111
radioactive waste, highway route controlled quantity 112
shipments, spent nuclear fuel, or low -level radioactive 113
waste; 114 SCS HCS HB 631 26
(6) Oversight of any environmental remediation 115
necessary resulting from an incident involving a shipment of 116
high-level radioactive waste, transuranic radioactive waste, 117
highway route controlled quantity shipments, spent nuclear 118
fuel, or low-level radioactive waste. Reimbursement for 119
oversight of any such incident shall not reduce or eliminate 120
the liability of any party responsible for the incident; 121
such party may be liable for full reimbursement to the state 122
or payment of any other costs associated with the cleanup of 123
contamination related to a transportation incident; 124
(7) Administrative costs attributable to the state 125
agencies which are incurred through their involvement as it 126
relates to the shipment of high -level radioactive waste, 127
transuranic radioactive waste, highway route controlled 128
quantity shipments, spent nuclear fuel, or lo w-level 129
radioactive waste through or within the state. 130
4. Nothing in this section shall preclude any other 131
state agency from receiving reimbursement from the 132
department of natural resources and the environmental 133
radiation monitoring fund for serv ices rendered that achieve 134
the objectives and comply with the provisions of this 135
section. 136
5. Any unencumbered balance in the environmental 137
radiation monitoring fund that exceeds three hundred 138
thousand dollars in any given fiscal year shall be ret urned 139
to shippers on a pro rata basis, based on the shipper's 140
contribution into the environmental radiation monitoring 141
fund for that fiscal year. 142
6. The department of natural resources, in 143
coordination with the department of health and senior 144
services and the department of public safety, may promulgate 145
rules necessary to carry out the provisions of this 146 SCS HCS HB 631 27
section. Any rule or portion of a rule, as that term is 147
defined in section 536.010, that is created under the 148
authority delegated in this se ction shall become effective 149
only if it complies with and is subject to all of the 150
provisions of chapter 536 and, if applicable, section 151
536.028. This section and chapter 536 are nonseverable and 152
if any of the powers vested with the general assembly 153
pursuant to chapter 536 to review, to delay the effective 154
date, or to disapprove and annul a rule are subsequently 155
held unconstitutional, then the grant of rulemaking 156
authority and any rule proposed or adopted after August 28, 157
2009, shall be invalid an d void. 158
7. All funds deposited in the environmental radiation 159
monitoring fund through fees established in subsection 2 of 160
this section shall be utilized, subject to appropriation by 161
the general assembly, for the administration and enforcement 162
of this section by the department of natural resources. All 163
interest earned by the moneys in the fund shall accrue to 164
the fund. 165
8. All fees shall be paid to the department of natural 166
resources prior to shipment. 167
9. Notice of any shipment of hi gh-level radioactive 168
waste, transuranic radioactive waste, highway route 169
controlled quantity shipments, or spent nuclear fuel through 170
or within the state shall be provided by the shipper to the 171
governor's designee for advanced notification, as describe d 172
in 10 CFR Parts 71 and 73, as amended, prior to such 173
shipment entering the state. Notice of any shipment of low - 174
level radioactive waste through or within the state shall be 175
provided by the shipper to the Missouri department of 176
natural resources bef ore such shipment enters the state. 177 SCS HCS HB 631 28
10. Any shipper who fails to pay a fee assessed under 178
this section, or fails to provide notice of a shipment, 179
shall be liable in a civil action for an amount not to 180
exceed ten times the amount assessed and not p aid. The 181
action shall be brought by the attorney general at the 182
request of the department of natural resources. If the 183
action involves a facility domiciled in the state, the 184
action shall be brought in the circuit court of the county 185
in which the facility is located. If the action does not 186
involve a facility domiciled in the state, the action shall 187
be brought in the circuit court of Cole County. 188
11. Beginning on December 31, 2009, and every two 189
years thereafter, the department of natural res ources shall 190
prepare and submit a report on activities of the 191
environmental radiation monitoring fund to the general 192
assembly. This report shall include information on fee 193
income received and expenditures made by the state to 194
enforce and administer t he provisions of this section. 195
12. The provisions of this section shall not apply to 196
high-level radioactive waste, transuranic radioactive waste, 197
highway route controlled quantity shipments, spent nuclear 198
fuel, or low-level radioactive waste shipp ed by or for the 199
federal government for military or national defense purposes. 200
13. The program authorized under this section shall 201
automatically sunset on August 28, [2024] 2030. 202
260.475. 1. Every hazardous waste generator loca ted 1
in Missouri shall pay, in addition to the fees imposed in 2
section 260.380, a fee of twenty -five dollars per ton 3
annually on all hazardous waste which is discharged, 4
deposited, dumped or placed into or on the soil as a final 5
action, and two dollars per ton on all other hazardous waste 6
transported off site. No fee shall be imposed upon any 7 SCS HCS HB 631 29
hazardous waste generator who registers less than ten tons 8
of hazardous waste annually pursuant to section 260.380, or 9
upon: 10
(1) Hazardous waste which m ust be disposed of as 11
provided by a remedial plan for an abandoned or uncontrolled 12
hazardous waste site; 13
(2) Fly ash waste, bottom ash waste, slag waste and 14
flue gas emission control waste generated primarily from the 15
combustion of coal or other fossil fuels; 16
(3) Solid waste from the extraction, beneficiation and 17
processing of ores and minerals, including phosphate rock 18
and overburden from the mining of uranium ore and smelter 19
slag waste from the processing of materials into reclaimed 20
metals; 21
(4) Cement kiln dust waste; 22
(5) Waste oil; or 23
(6) Hazardous waste that is: 24
(a) Reclaimed or reused for energy and materials; 25
(b) Transformed into new products which are not wastes; 26
(c) Destroyed or treated to rende r the hazardous waste 27
nonhazardous; or 28
(d) Waste discharged to a publicly owned treatment 29
works. 30
2. The fees imposed in this section shall be reported 31
and paid to the department on an annual basis not later than 32
the first of January. The payment shall be accompanied by a 33
return in such form as the department may prescribe. 34
3. All moneys collected or received by the department 35
pursuant to this section shall be transmitted to the 36
department of revenue for deposit in the state treasur y to 37
the credit of the hazardous waste fund created pursuant to 38
section 260.391. Following each annual reporting date, the 39 SCS HCS HB 631 30
state treasurer shall certify the amount deposited in the 40
fund to the commission. 41
4. If any generator or transporter fails or refuses to 42
pay the fees imposed by this section, or fails or refuses to 43
furnish any information reasonably requested by the 44
department relating to such fees, there shall be imposed, in 45
addition to the fee determined to be owed, a penalty of 46
fifteen percent of the fee shall be deposited in the 47
hazardous waste fund. 48
5. If the fees or any portion of the fees imposed by 49
this section are not paid by the date prescribed for such 50
payment, there shall be imposed interest upon the unpaid 51
amount at the rate of ten percent per annum from the date 52
prescribed for its payment until payment is actually made, 53
all of which shall be deposited in the hazardous waste fund. 54
6. The state treasurer is authorized to deposit all of 55
the moneys in the hazar dous waste fund in any of the 56
qualified depositories of the state. All such deposits 57
shall be secured in such a manner and shall be made upon 58
such terms and conditions as are now or may hereafter be 59
provided for by law relative to state deposits. Interest 60
received on such deposits shall be credited to the hazardous 61
waste fund. 62
7. This fee shall expire December 31, 2018, except 63
that the department shall levy and collect this fee for any 64
hazardous waste generated prior to such date and reporte d to 65
the department. 66
8. Notwithstanding any statutory fee amounts or 67
maximums to the contrary, the director of the department of 68
natural resources may conduct a comprehensive review and 69
propose changes to the fee structure set forth in this 70
section. The comprehensive review shall include stakeholder 71 SCS HCS HB 631 31
meetings in order to solicit stakeholder input from each of 72
the following groups: cement kiln representatives, chemical 73
companies, large and small hazardous waste generators, and 74
any other interested parties. Upon completion of the 75
comprehensive review, the department shall submit a proposed 76
fee structure with stakeholder agreement to the hazardous 77
waste management commission. The commission shall review 78
such recommendations at the forthcom ing regular or special 79
meeting, but shall not vote on the fee structure until a 80
subsequent meeting. If the commission approves, by vote of 81
two-thirds majority or five of seven commissioners, the fee 82
structure recommendations, the commission shall auth orize 83
the department to file a notice of proposed rulemaking 84
containing the recommended fee structure, and after 85
considering public comments may authorize the department to 86
file the order of rulemaking for such rule with the joint 87
committee on adminis trative rules pursuant to sections 88
536.021 and 536.024 no later than December first of the same 89
year. If such rules are not disapproved by the general 90
assembly in the manner set out below, they shall take effect 91
on January first of the following calen dar year and the fee 92
structure set out in this section shall expire upon the 93
effective date of the commission -adopted fee structure, 94
contrary to subsection 7 of this section. Any regulation 95
promulgated under this subsection shall be deemed to be 96
beyond the scope and authority provided in this subsection, 97
or detrimental to permit applicants, if the general 98
assembly, within the first sixty calendar days of the 99
regular session immediately following the filing of such 100
regulation disapproves the regula tion by concurrent 101
resolution. If the general assembly so disapproves any 102
regulation filed under this subsection, the department and 103 SCS HCS HB 631 32
the commission shall not implement the proposed fee 104
structure and shall continue to use the previous fee 105
structure. The authority of the commission to further 106
revise the fee structure as provided by this subsection 107
shall expire on August 28, [2024. Any fee, bond, or 108
assessment structure established pursuant to the process in 109
this section shall expire on August 28, 2024] 2030. If the 110
commission's authority to revise the fee structure as 111
provided by this subsection expires, the fee structure in 112
place at the time of expiration shall remain in place . 113
323.100. 1. The director of the department of 1
agriculture shall annually inspect and test all liquid 2
meters used for the measurement and retail sale of liquefied 3
petroleum gas and shall condemn all meters which are found 4
to be inaccurate. All meters shall meet the tolerances and 5
specifications of the National Institute of Standards and 6
Technology Handbook 44, 1994 edition and supplements 7
thereto. It is unlawful to use a meter for retail 8
measurement and sale which has been condemned. All 9
condemned meters shall be conspicuously marked "inacc urate", 10
and the mark shall not be removed or defaced except upon 11
authorization of the director of the department of 12
agriculture or his authorized representative. It is the 13
duty of each person owning or in possession of a meter to 14
pay to the director of the department of agriculture at the 15
time of each test a testing fee [of ten dollars. On January 16
1, 2014, the testing fee shall be twenty -five dollars. On 17
January 1, 2015, the testing fee shall be set at fifty 18
dollars. On January 1, 2016, and ann ually thereafter,] The 19
director shall ascertain the total expenses for 20
administering this section and shall set the testing fee at 21 SCS HCS HB 631 33
a rate to cover the expenses for the ensuing year but not to 22
exceed [seventy-five] four hundred dollars. 23
2. On the first day of October, 2014, and each year 24
thereafter, the director of the department of agriculture 25
shall submit a report to the general assembly that states 26
the current testing fee, the expenses for administering this 27
section for the previous calendar year, any proposed change 28
to the testing fee, and estimated expenses for administering 29
this section during the ensuing year. The proposed change 30
to the testing fee shall not yield revenue greater than the 31
total cost of administering this section duri ng the ensuing 32
year. 33
3. Beginning August 28, 2013, and each year 34
thereafter, the director of the department of agriculture 35
shall publish the testing fee schedule on the departmental 36
website. The website shall be updated within thirty days of 37
a change in the testing fee schedule set forth in this 38
section. 39
413.225. 1. There is established a fee for 1
registration, inspection and calibration services performed 2
by the division of weights and measures. The fees are due 3
at the time the service is rendered and shall be paid to the 4
director by the person receiving the service. The director 5
shall collect fees according to the following schedule and 6
shall deposit them with the state treasurer into the 7
agriculture protection fun d as set forth in section 261.200: 8
(1) [From August 28, 2013, until the next January 9
first, laboratory fees for metrology calibrations shall be 10
at the rate of sixty dollars per hour for tolerance testing 11
or precision calibration. Time periods over one hour shall 12
be computed to the nearest one -quarter hour. On the first 13
day of January, 2014, and each year thereafter, ] The 14 SCS HCS HB 631 34
director of agriculture shall ascertain the total receipts 15
and expenses for the metrology calibrations during the 16
preceding year and shall fix a fee schedule for the ensuing 17
year [at a rate per hour] as will yield revenue not more 18
than the total cost of operating the metrology laboratory 19
during the ensuing year, but not to exceed [one hundred 20
twenty-five dollars] five hundred dollars per calibration ; 21
(2) All device test fees charged shall include, but 22
not be limited to, the following devices: 23
(a) Small scales; 24
(b) Vehicle scales; 25
(c) Livestock scales; 26
(d) Hopper scales; 27
(e) Railroad scales; 28
(f) Monorail scales; 29
(g) In-motion scales including but not limited to 30
vehicle, railroad and belt conveyor scales; 31
(h) Taximeters; 32
(i) [Timing devices; 33
(j) Fabric-measuring devices; 34
(k) Wire- and cordage-measuring devices; 35
(l)] Milk for quantity determination; 36
[(m)] (j) Vehicle tank meters; 37
[(n)] (k) Compressed natural gas meters; 38
[(o)] (l) Liquefied natural gas meters; 39
[(p)] (m) Electrical charging stations; and 40
[(q)] (n) Hydrogen fuel meters; 41
(3) Devices that require participation in on -site 42
field evaluations for National Type Evaluation Program 43
Certification and all tests of in -motion scales shall be 44
charged a fee, plus mileage from the inspector's official 45
domicile to and from the inspection site. The time shall 46 SCS HCS HB 631 35
begin when the state inspector performing the inspection 47
arrives at the site to be inspected and shall end when the 48
final report is signed by the owner/operator and the 49
inspector departs; 50
(4) Every person shall register each location of such 51
person's place of business where devices or instruments are 52
used to ascertain the moisture content of grains and seeds 53
offered for sale, processing or storage in this state with 54
the director and shall pay a re gistration fee for each 55
location so registered and a fee for each additional device 56
or instrument at such location. Thereafter, by January 57
thirty-first of each year, each person who is required to 58
register pursuant to this subdivision shall pay an ann ual 59
fee for each location so registered and an additional fee 60
for each additional machine at each location. The fee on 61
newly purchased devices shall be paid within thirty days 62
after the date of purchase. Application for registration of 63
a place of business shall be made on forms provided by the 64
director and shall require information concerning the make, 65
model and serial number of the device and such other 66
information as the director shall deem necessary. Provided, 67
however, this subsection shall n ot apply to moisture - 68
measuring devices used exclusively for the purpose of 69
obtaining information necessary to manufacturing processes 70
involving plant products. In addition to fees required by 71
this subdivision, a fee shall be charged for each device 72
subject to retest. 73
2. On the first day of January, 1995, and each year 74
thereafter, the director of agriculture shall ascertain the 75
total receipts and expenses for the testing of weighing and 76
measuring devices referred to in subdivisions (2), (3), a nd 77
(4) of subsection 1 of this section and shall fix the fees 78 SCS HCS HB 631 36
[or rate per hour] for such weighing and measuring devices 79
to derive revenue not more than the total cost of the 80
operation. 81
3. On the first day of October, 2014, and each year 82
thereafter, the director of the department of agriculture 83
shall submit a report to the general assembly that states 84
the current laboratory fees for metrology calibration, the 85
expenses for administering this section for the previous 86
calendar year, any proposed change to the laboratory fee 87
structure, and estimated expenses for administering this 88
section during the ensuing year. The proposed change to the 89
laboratory fee structure shall not yield revenue greater 90
than the total cost of administering this secti on during the 91
ensuing year. 92
4. Beginning August 28, 2013, and each year 93
thereafter, the director of the department of agriculture 94
shall publish the laboratory fee schedule on the 95
departmental website. The website shall be updated within 96
thirty days of a change in the laboratory fee schedule set 97
forth in this section. 98
5. Retests for any device within the same calendar 99
year will be charged at the same rate as the initial test. 100
Devices being retested in the same calendar year as a result 101
of rejection and repair are exempt from the requirements of 102
this subsection. 103
6. All device inspection fees shall be paid at time of 104
service or within thirty days of the issuance of the 105
original invoice. Any fee not paid within [ninety] thirty 106
days after the date of the original invoice will be cause 107
for the director to deem the device as incorrect and it may 108
be condemned and taken out of service, and may be seized by 109
the director until all fees are paid. 110 SCS HCS HB 631 37
7. No fee provided for by this s ection shall be 111
required of any person owning or operating a moisture - 112
measuring device or instrument who uses such device or 113
instrument solely in agricultural or horticultural 114
operations on such person's own land, and not in performing 115
services, whether with or without compensation, for another 116
person. 117
444.768. 1. Notwithstanding any statutory fee amounts 1
or maximums to the contrary, the director of the department 2
of natural resources may conduct a comprehensive review and 3
propose changes to the fee, bond, or assessment structure as 4
set forth in this chapter. The comprehensive review shall 5
include stakeholder meetings in order to solicit stakeholder 6
input from regulated entities and any other interested 7
parties. Upon completion of the comprehensive review, the 8
department shall submit a proposed fee, bond, or assessment 9
structure with stakeholder agreement to the Missouri mining 10
commission. The commission shall review such 11
recommendations at a forthcoming regular or spe cial meeting, 12
but shall not vote on the proposed structure until a 13
subsequent meeting. If the commission approves, by vote of 14
two-thirds majority, the fee, bond, or assessment structure 15
recommendations, the commission shall authorize the 16
department to file a notice of proposed rulemaking 17
containing the recommended structure, and after considering 18
public comments may authorize the department to file the 19
final order of rulemaking for such rule with the joint 20
committee on administrative rules pursuan t to sections 21
536.021 and 536.024 no later than December first of the same 22
year. If such rules are not disapproved by the general 23
assembly in the manner set out below, they shall take effect 24
on January first of the following calendar year, at which 25 SCS HCS HB 631 38
point the existing fee, bond, or assessment structure shall 26
expire upon the effective date of the commission -adopted fee 27
structure, contrary to subsection 12 of section 444.772. 28
Any regulation promulgated under this subsection shall be 29
deemed to be beyond the scope and authority provided in this 30
subsection, or detrimental to permit applicants, if the 31
general assembly within the first sixty days of the regular 32
session immediately following the filing of such regulation 33
disapproves the regulation by c oncurrent resolution. If the 34
general assembly so disapproves any regulation filed under 35
this subsection, the department and the commission shall not 36
implement the proposed fee, bond, or assessment structure 37
and shall continue to use the previous fee, bond, or 38
assessment structure. The authority for the commission to 39
further revise the fee, bond, or assessment structure as 40
provided in this subsection shall expire on August 28, 41
[2024. Any fee, bond, or assessment structure established 42
pursuant to the process in this section shall expire on 43
August 28, 2024] 2030. If the commission's authority to 44
revise the fee structure as provided by this subsection 45
expires, the fee structure in place at the time of 46
expiration shall remain in place . 47
2. Failure to pay any fee, bond, or assessment, or any 48
portion thereof, referenced in this section by the due date 49
may result in the imposition of a late fee equal to fifteen 50
percent of the unpaid amount, plus ten percent interest per 51
annum. Any order issued by the department under this 52
chapter may require payment of such amounts. The department 53
may bring an action in the appropriate circuit court to 54
collect any unpaid fee, late fee, interest, or attorney's 55
fees and costs incurred directly in fee coll ection. Such 56
action may be brought in the circuit court of the county in 57 SCS HCS HB 631 39
which the facility is located, or in the circuit court of 58
Cole County. 59
444.772. 1. Any operator desiring to engage in 1
surface mining shall make written appli cation to the 2
director for a permit. 3
2. Application for permit shall be made on a form 4
prescribed by the commission and shall include: 5
(1) The name of all persons with any interest in the 6
land to be mined; 7
(2) The source of the applica nt's legal right to mine 8
the land affected by the permit; 9
(3) The permanent and temporary post office address of 10
the applicant; 11
(4) Whether the applicant or any person associated 12
with the applicant holds or has held any other permits 13
pursuant to sections 444.500 to 444.790, and an 14
identification of such permits; 15
(5) The written consent of the applicant and any other 16
persons necessary to grant access to the commission or the 17
director to the area of land affected under application fro m 18
the date of application until the expiration of any permit 19
granted under the application and thereafter for such time 20
as is necessary to assure compliance with all provisions of 21
sections 444.500 to 444.790 or any rule or regulation 22
promulgated pursuant to them. Permit applications submitted 23
by operators who mine an annual tonnage of less than ten 24
thousand tons shall be required to include written consent 25
from the operator to grant access to the commission or the 26
director to the area of land affe cted; 27
(6) A description of the tract or tracts of land and 28
the estimated number of acres thereof to be affected by the 29 SCS HCS HB 631 40
surface mining of the applicant for the next succeeding 30
twelve months; and 31
(7) Such other information that the commission may 32
require as such information applies to land reclamation. 33
3. The application for a permit shall be accompanied 34
by a map in a scale and form specified by the commission by 35
regulation. 36
4. The application shall be accompanied by a bond, 37
security or certificate meeting the requirements of section 38
444.778, a geologic resources fee authorized under section 39
256.700, and a permit fee approved by the commission not to 40
exceed one thousand dollars. The commission may also 41
require a fee for each site listed on a permit not to exceed 42
four hundred dollars for each site. If mining operations 43
are not conducted at a site for six months or more during 44
any year, the fee for such site for that year shall be 45
reduced by fifty percent. The commission may also require a 46
fee for each acre bonded by the operator pursuant to section 47
444.778 not to exceed twenty dollars per acre. If such fee 48
is assessed, the per -acre fee on all acres bonded by a 49
single operator that exceed a total of two hundred acres 50
shall be reduced by fifty percent. In no case shall the 51
total fee for any permit be more than three thousand 52
dollars. Permit and renewal fees shall be established by 53
rule, except for the initial fees as set forth in this 54
subsection, and shall be set at levels that recover the cost 55
of administering and enforcing sections 444.760 to 444.790, 56
making allowances for grants and other sources of funds. 57
The director shall submit a report to the commission and the 58
public each year that describes the numb er of employees and 59
the activities performed the previous calendar year to 60
administer sections 444.760 to 444.790. For any operator of 61 SCS HCS HB 631 41
a gravel mining operation where the annual tonnage of gravel 62
mined by such operator is less than five thousand tons, the 63
total cost of submitting an application shall be three 64
hundred dollars. The issued permit shall be valid from the 65
date of its issuance until the date specified in the mine 66
plan unless sooner revoked or suspended as provided in 67
sections 444.760 to 444.790. Beginning August 28, 2007, the 68
fees shall be set at a permit fee of eight hundred dollars, 69
a site fee of four hundred dollars, and an acre fee of ten 70
dollars, with a maximum fee of three thousand dollars. Fees 71
may be raised as allowed in t his subsection after a 72
regulation change that demonstrates the need for increased 73
fees. 74
5. An operator desiring to have his or her permit 75
amended to cover additional land may file an amended 76
application with the commission. Upon receipt of the 77
amended application, and such additional fee and bond as may 78
be required pursuant to the provisions of sections 444.760 79
to 444.790, the director shall, if the applicant complies 80
with all applicable regulatory requirements, issue an 81
amendment to the ori ginal permit covering the additional 82
land described in the amended application. 83
6. An operation may withdraw any land covered by a 84
permit, excepting affected land, by notifying the commission 85
thereof, in which case the penalty of the bond or secur ity 86
filed by the operator pursuant to the provisions of sections 87
444.760 to 444.790 shall be reduced proportionately. 88
7. Where mining or reclamation operations on acreage 89
for which a permit has been issued have not been completed, 90
the permit shall be renewed. The operator shall submit a 91
permit renewal form furnished by the director for an 92
additional permit year and pay a fee equal to an application 93 SCS HCS HB 631 42
fee calculated pursuant to subsection 4 of this section, but 94
in no case shall the renewal fee f or any operator be more 95
than three thousand dollars. For any operator involved in 96
any gravel mining operation where the annual tonnage of 97
gravel mined by such operator is less than five thousand 98
tons, the permit as to such acreage shall be renewed by 99
applying on a permit renewal form furnished by the director 100
for an additional permit year and payment of a fee of three 101
hundred dollars. Upon receipt of the completed permit 102
renewal form and fee from the operator, the director shall 103
approve the renewal. With approval of the director and 104
operator, the permit renewal may be extended for a portion 105
of an additional year with a corresponding prorating of the 106
renewal fee. 107
8. Where one operator succeeds another at any 108
uncompleted operation, either by sale, assignment, lease or 109
otherwise, the commission may release the first operator 110
from all liability pursuant to sections 444.760 to 444.790 111
as to that particular operation if both operators have been 112
issued a permit and have otherwise complied w ith the 113
requirements of sections 444.760 to 444.790 and the 114
successor operator assumes as part of his or her obligation 115
pursuant to sections 444.760 to 444.790 all liability for 116
the reclamation of the area of land affected by the former 117
operator. 118
9. The application for a permit shall be accompanied 119
by a plan of reclamation that meets the requirements of 120
sections 444.760 to 444.790 and the rules and regulations 121
promulgated pursuant thereto, and shall contain a verified 122
statement by the operato r setting forth the proposed method 123
of operation, reclamation, and a conservation plan for the 124
affected area including approximate dates and time of 125 SCS HCS HB 631 43
completion, and stating that the operation will meet the 126
requirements of sections 444.760 to 444.790, a nd any rule or 127
regulation promulgated pursuant to them. 128
10. At the time that a permit application is deemed 129
complete by the director, the operator shall publish a 130
notice of intent to operate a surface mine in any newspaper 131
qualified pursuant to s ection 493.050 to publish legal 132
notices in any county where the land is located. If the 133
director does not respond to a permit application within 134
forty-five calendar days, the application shall be deemed to 135
be complete. Notice in the newspaper shall b e posted once a 136
week for four consecutive weeks beginning no more than ten 137
days after the application is deemed complete. The operator 138
shall also send notice of intent to operate a surface mine 139
by certified mail to the governing body of the counties o r 140
cities in which the proposed area is located, and to the 141
last known addresses of all record landowners whose property 142
is: 143
(1) Within two thousand six hundred forty feet, or one - 144
half mile from the border of the proposed mine plan area; and 145
(2) Adjacent to the proposed mine plan area, land upon 146
which the mine plan area is located, or adjacent land having 147
a legal relationship with either the applicant or the owner 148
of the land upon which the mine plan area is located. 149
The notices shall incl ude the name and address of the 150
operator, a legal description consisting of county, section, 151
township and range, the number of acres involved, a 152
statement that the operator plans to mine a specified 153
mineral during a specified time, and the address of t he 154
commission. The notices shall also contain a statement that 155
any person with a direct, personal interest in one or more 156 SCS HCS HB 631 44
of the factors the director may consider in issuing a permit 157
may request a public meeting or file written comments to the 158
director no later than fifteen days following the final 159
public notice publication date. If any person requests a 160
public meeting, the applicant shall cooperate with the 161
director in making all necessary arrangements for the public 162
meeting to be held in a reas onably convenient location and 163
at a reasonable time for interested participants, and the 164
applicant shall bear the expenses. 165
11. The director may approve a permit application or 166
permit amendment whose operation or reclamation plan 167
deviates from the requirements of sections 444.760 to 168
444.790 if it can be demonstrated by the operator that the 169
conditions present at the surface mining location warrant an 170
exception. The criteria accepted for consideration when 171
evaluating the merits of an exception or variance to the 172
requirements of sections 444.760 to 444.790 shall be 173
established by regulations. 174
12. Fees imposed pursuant to this section shall become 175
effective August 28, 2007, and shall expire on December 31, 176
[2024] 2030. No other provisions of this section shall 177
expire. 178
640.023. Notwithstanding any provision of law to the 1
contrary, the department of natural resources shall not take 2
any permitting or regulatory action based solely on guidance 3
that has not been promu lgated as a regulation, unless such 4
use of guidance is agreed to by the permittee or person 5
subject to such regulatory action. 6
640.099. Notwithstanding the provisions of section 1
1.140 to the contrary, the provisions of sections 37.07 0, 2
67.4500, 67.4505, 67.4510, 67.4515, 67.4520, [192.105,] 3
247.060, 253.090, 442.014, 444.771, 444.773, 621.250, 4 SCS HCS HB 631 45
640.018, 640.128, [640.850,] 643.020, 643.040, 643.050, 5
643.060, 643.079, 643.080, 643.130, 643.191, 643.225, 6
643.232, 643.237, 643.240, 6 43.242, 643.245, 643.250, 7
644.036, [644.051,] 644.054, 644.071, 644.145, 701.033, 8
[701.058,] and this section shall be nonseverable, and if 9
any provision is for any reason held to be invalid, such 10
decision shall invalidate all of the remaining provisio ns of 11
sections 37.070, 67.4500, 67.4505, 67.4510, 67.4515, 12
67.4520, [192.105,] 247.060, 253.090, 442.014, 444.771, 13
444.773, 621.250, 640.018, 640.128, [640.850,] 643.020, 14
643.040, 643.050, 643.060, 643.079, 643.080, 643.130, 15
643.191, 643.225, 643.232, 643.237, 643.240, 643.242, 16
643.245, 643.250, 644.036, [644.051,] 644.054, 644.071, 17
644.145, 701.033, [701.058,] and this section. 18
640.100. 1. The safe drinking water commission 1
created in section 640.105 shall promulgate rules nece ssary 2
for the implementation, administration and enforcement of 3
sections 640.100 to 640.140 and the federal Safe Drinking 4
Water Act as amended. 5
2. No standard, rule or regulation or any amendment or 6
repeal thereof shall be adopted except after a public 7
hearing to be held by the commission after at least thirty 8
days' prior notice in the manner prescribed by the 9
rulemaking provisions of chapter 536 and an opportunity 10
given to the public to be heard; the commission may solicit 11
the views, in writing, of persons who may be affected by, 12
knowledgeable about, or interested in proposed rules and 13
regulations, or standards. Any person heard or registered 14
at the hearing, or making written request for notice, shall 15
be given written notice of the actio n of the commission with 16
respect to the subject thereof. Any rule or portion of a 17
rule, as that term is defined in section 536.010, that is 18 SCS HCS HB 631 46
promulgated to administer and enforce sections 640.100 to 19
640.140 shall become effective only if the agency has fully 20
complied with all of the requirements of chapter 536, 21
including but not limited to section 536.028, if applicable, 22
after June 9, 1998. All rulemaking authority delegated 23
prior to June 9, 1998, is of no force and effect and 24
repealed as of June 9, 1998, however, nothing in this 25
section shall be interpreted to repeal or affect the 26
validity of any rule adopted or promulgated prior to June 9, 27
1998. If the provisions of section 536.028 apply, the 28
provisions of this section are nonseverable and i f any of 29
the powers vested with the general assembly pursuant to 30
section 536.028 to review, to delay the effective date, or 31
to disapprove and annul a rule or portion of a rule are held 32
unconstitutional or invalid, the purported grant of 33
rulemaking authority and any rule so proposed and contained 34
in the order of rulemaking shall be invalid and void, except 35
that nothing in this chapter or chapter 644 shall affect the 36
validity of any rule adopted and promulgated prior to June 37
9, 1998. 38
3. The commission shall promulgate rules and 39
regulations for the certification of public water system 40
operators, backflow prevention assembly testers and 41
laboratories conducting tests pursuant to sections 640.100 42
to 640.140. Any person seeking to be a certified backflow 43
prevention assembly tester shall satisfactorily complete 44
standard, nationally recognized written and performance 45
examinations designed to ensure that the person is competent 46
to determine if the assembly is functioning within its 47
design specifications. Any such state certification shall 48
satisfy any need for local certification as a backflow 49
prevention assembly tester. However, political subdivisions 50 SCS HCS HB 631 47
may set additional testing standards for individuals who are 51
seeking to be certified as b ackflow prevention assembly 52
testers. Notwithstanding any other provision of law to the 53
contrary, agencies of the state or its political 54
subdivisions shall only require carbonated beverage 55
dispensers to conform to the backflow protection 56
requirements established in the National Sanitation 57
Foundation standard eighteen, and the dispensers shall be so 58
listed by an independent testing laboratory. The commission 59
shall promulgate rules and regulations for collection of 60
samples and analysis of water furn ished by municipalities, 61
corporations, companies, state establishments, federal 62
establishments or individuals to the public. The department 63
of natural resources or the department of health and senior 64
services shall, at the request of any supplier, mak e any 65
analyses or tests required pursuant to the terms of section 66
192.320 and sections 640.100 to 640.140. The department 67
shall collect fees to cover the reasonable cost of 68
laboratory services, both within the department of natural 69
resources and the department of health and senior services, 70
laboratory certification and program administration as 71
required by sections 640.100 to 640.140. The laboratory 72
services and program administration fees pursuant to this 73
subsection shall not exceed two hundred dollars for a 74
supplier supplying less than four thousand one hundred 75
service connections, three hundred dollars for supplying 76
less than seven thousand six hundred service connections, 77
five hundred dollars for supplying seven thousand six 78
hundred or more service connections, and five hundred 79
dollars for testing surface water. Such fees shall be 80
deposited in the safe drinking water fund as specified in 81
section 640.110. The analysis of all drinking water 82 SCS HCS HB 631 48
required by section 192.320 and sections 640. 100 to 640.140 83
shall be made by the department of natural resources 84
laboratories, department of health and senior services 85
laboratories or laboratories certified by the department of 86
natural resources. 87
4. The department of natural resources shall establish 88
and maintain an inventory of public water supplies and 89
conduct sanitary surveys of public water systems. Such 90
records shall be available for public inspection during 91
regular business hours. 92
5. (1) For the purpose of complying with fe deral 93
requirements for maintaining the primacy of state 94
enforcement of the federal Safe Drinking Water Act, the 95
department is hereby directed to request appropriations from 96
the general revenue fund and all other appropriate sources 97
to fund the activities of the public drinking water program 98
and in addition to the fees authorized pursuant to 99
subsection 3 of this section, an annual fee for each 100
customer service connection with a public water system is 101
hereby authorized to be imposed upon all customer s of public 102
water systems in this state. Each customer of a public 103
water system shall pay an annual fee for each customer 104
service connection. 105
(2) The annual fee per customer service connection for 106
unmetered customers and customers with meters no t greater 107
than one inch in size shall be based upon the number of 108
service connections in the water system serving that 109
customer, and shall not exceed: 110
111 1 to 1,000 connections $ 3.24
112 1,001 to 4,000 connections 3.00
113 4,001 to 7,000 connections 2.76 SCS HCS HB 631 49
(3) The annual user fee for customers having meters 120
greater than one inch but less than or equal to two inches 121
in size shall not exceed seven dollars and forty -four cents; 122
for customers with meters greater than two inches but less 123
than or equal to four inches in size shall not exceed forty - 124
one dollars and sixteen cents; and for customers with meters 125
greater than four inches in size shall not exceed eighty -two 126
dollars and forty-four cents. 127
(4) Customers served by multiple connections shall pay 128
an annual user fee based on the above rates for each 129
connection, except that no single facility served by 130
multiple connections shall pay a total of more than five 131
hundred dollars per yea r. 132
6. Fees imposed pursuant to subsection 5 of this 133
section shall become effective on August 28, 2006, and shall 134
be collected by the public water system serving the customer 135
beginning September 1, 2006, and continuing until such time 136
that the safe drinking water commission, at its discretion, 137
specifies a different amount under subsection 8 of this 138
section. The commission shall promulgate rules and 139
regulations on the procedures for billing, collection and 140
delinquent payment. Fees collected by a public water system 141
pursuant to subsection 5 of this section and fees 142
established by the commission pursuant to subsection 8 of 143
114 7,001 to 10,000 connections 2.40
115 10,001 to 20,000 connections 2.16
116 20,001 to 35,000 connections 1.92
117 35,001 to 50,000 connections 1.56
118 50,001 to 100,000 connections 1.32
119 More than 100,000 connections 1.08 SCS HCS HB 631 50
this section are state fees. The annual fee shall be 144
enumerated separately from all other charges, and shall be 145
collected in monthly, quarterly or annual increments. Such 146
fees shall be transferred to the director of the department 147
of revenue at frequencies not less than quarterly. Two 148
percent of the revenue arising from the fees shall be 149
retained by the public water system for the purpose of 150
reimbursing its expenses for billing and collection of such 151
fees. 152
7. Imposition and collection of the fees authorized in 153
subsection 5 and fees established by the commission pursuant 154
to subsection 8 of this section shall be suspended on the 155
first day of a calendar quarter if, during the preceding 156
calendar quarter, the federally delegated authority granted 157
to the safe drinking water program within the department of 158
natural resources to administer the Safe Drinking Water Act, 159
42 U.S.C. Section 300g -2, is withdrawn. The fee shall not 160
be reinstated until the first day of the calendar quarter 161
following the quarter during which such delegated authority 162
is reinstated. 163
8. Notwithstanding any statutory fee amounts or 164
maximums to the contrary, the department of natural 165
resources may conduct a comprehensive review and propose 166
changes to the fee structure set forth in this section. The 167
comprehensive review shall include stakeholder meetings in 168
order to solicit stake holder input from public and private 169
water suppliers, and any other interested parties. Upon 170
completion of the comprehensive review, the department shall 171
submit a proposed fee structure with stakeholder agreement 172
to the safe drinking water commission. The commission shall 173
review such recommendations at a forthcoming regular or 174
special meeting, but shall not vote on the fee structure 175 SCS HCS HB 631 51
until a subsequent meeting. If the commission approves, by 176
vote of two-thirds majority or six of nine commissioners , 177
the fee structure recommendations, the commission shall 178
authorize the department to file a notice of proposed 179
rulemaking containing the recommended fee structure, and 180
after considering public comments may authorize the 181
department to file the final o rder of rulemaking for such 182
rule with the joint committee on administrative rules 183
pursuant to sections 536.021 and 536.024 no later than 184
December first of the same year. If such rules are not 185
disapproved by the general assembly in the manner set out 186
below, they shall take effect on January first of the 187
following calendar year, at which point the existing fee 188
structure shall expire. Any regulation promulgated under 189
this subsection shall be deemed to be beyond the scope and 190
authority provided in th is subsection, or detrimental to 191
permit applicants, if the general assembly within the first 192
sixty calendar days of the regular session immediately 193
following the filing of such regulation disapproves the 194
regulation by concurrent resolution. If the general 195
assembly so disapproves any regulation filed under this 196
subsection, the department and the commission shall not 197
implement the proposed fee structure and shall continue to 198
use the previous fee structure. The authority of the 199
commission to further revise the fee structure as provided 200
by this subsection shall expire on August 28, [2024] 2030. 201
If the commission's authority to revise the fee structure as 202
provided by this subsection expires, the fee structure in 203
place at the time of expiration sha ll remain in place. 204
643.079. 1. Any air contaminant source required to 1
obtain a permit issued under sections 643.010 to 643.355 2
shall pay annually beginning April 1, 1993, a fee as 3 SCS HCS HB 631 52
provided herein. For the first year the fee shal l be twenty- 4
five dollars per ton of each regulated air contaminant 5
emitted. Thereafter, the fee shall be set every three years 6
by the commission by rule and shall be at least twenty -five 7
dollars per ton of regulated air contaminant emitted but not 8
more than forty dollars per ton of regulated air contaminant 9
emitted in the previous calendar year. If necessary, the 10
commission may make annual adjustments to the fee by rule. 11
The fee shall be set at an amount consistent with the need 12
to fund the reasonable cost of administering sections 13
643.010 to 643.355, taking into account other moneys 14
received pursuant to sections 643.010 to 643.355. For the 15
purpose of determining the amount of air contaminant 16
emissions on which the fees authorized under this section 17
are assessed, a facility shall be considered one source as 18
described in subsection 2 of section 643.078, except that a 19
facility with multiple operating permits shall pay the 20
emission fees authorized under this section separately for 21
air contaminants emitted under each individual permit. 22
2. A source which produces charcoal from wood shall 23
pay an annual emission fee under this subsection in lieu of 24
the fee established in subsection 1 of this section. The 25
fee shall be based upon a maxim um fee of twenty-five dollars 26
per ton and applied upon each ton of regulated air 27
contaminant emitted for the first four thousand tons of each 28
contaminant emitted in the amount established by the 29
commission pursuant to subsection 1 of this section, redu ced 30
according to the following schedule: 31
(1) For fees payable under this subsection in the 32
years 1993 and 1994, the fee shall be reduced by one hundred 33
percent; 34 SCS HCS HB 631 53
(2) For fees payable under this subsection in the 35
years 1995, 1996 and 1997, th e fee shall be reduced by 36
eighty percent; 37
(3) For fees payable under this subsection in the 38
years 1998, 1999 and 2000, the fee shall be reduced by sixty 39
percent. 40
3. The fees imposed in subsection 2 of this section 41
shall not be imposed or co llected after the year 2000 unless 42
the general assembly reimposes the fee. 43
4. Each air contaminant source with a permit issued 44
under sections 643.010 to 643.355 shall pay the fee for the 45
first four thousand tons of each regulated air contaminant 46
emitted each year but no air contaminant source shall pay 47
fees on total emissions of regulated air contaminants in 48
excess of twelve thousand tons in any calendar year. A 49
permitted air contaminant source which emitted less than one 50
ton of all regulated pollutants shall pay a fee equal to the 51
amount per ton set by the commission. An air contaminant 52
source which pays emission fees to a holder of a certificate 53
of authority issued pursuant to section 643.140 may deduct 54
such fees from any amount due und er this section. The fees 55
imposed in this section shall not be applied to carbon oxide 56
emissions. The fees imposed in subsection 1 of this section 57
and this subsection shall not be applied to sulfur dioxide 58
emissions from any Phase I affected unit sub ject to the 59
requirements of Title IV, Section 404, of the federal Clean 60
Air Act, as amended, 42 U.S.C. Section 7651 et seq., any 61
sooner than January 1, 2000. The fees imposed on emissions 62
from Phase I affected units shall be consistent with and 63
shall not exceed the provisions of the federal Clean Air 64
Act, as amended, and the regulations promulgated 65
thereunder. Any such fee on emissions from any Phase I 66 SCS HCS HB 631 54
affected unit shall be reduced by the amount of the service 67
fee paid by that Phase I affected u nit pursuant to 68
subsection 8 of this section in that year. Any fees that 69
may be imposed on Phase I sources shall follow the 70
procedures set forth in subsection 1 of this section and 71
this subsection and shall not be applied retroactively. 72
5. Moneys collected under this section shall be 73
transmitted to the director of revenue for deposit in 74
appropriate subaccounts of the natural resources protection 75
fund created in section 640.220. A subaccount shall be 76
maintained for fees paid by air contaminan t sources which 77
are required to be permitted under Title V of the federal 78
Clean Air Act, as amended, 42 U.S.C. Section 7661 et seq., 79
and used, upon appropriation, to fund activities by the 80
department to implement the operating permits program 81
authorized by Title V of the federal Clean Air Act, as 82
amended. Another subaccount shall be maintained for fees 83
paid by air contaminant sources which are not required to be 84
permitted under Title V of the federal Clean Air Act as 85
amended, and used, upon approp riation, to fund other air 86
pollution control program activities. Another subaccount 87
shall be maintained for service fees paid under subsection 8 88
of this section by Phase I affected units which are subject 89
to the requirements of Title IV, Section 404, of the federal 90
Clean Air Act Amendments of 1990 (42 U.S.C. Section 7651c), 91
as amended, and used, upon appropriation, to fund air 92
pollution control program activities. The provisions of 93
section 33.080 to the contrary notwithstanding, moneys in 94
the fund shall not revert to general revenue at the end of 95
each biennium. Interest earned by moneys in the subaccounts 96
shall be retained in the subaccounts. The per-ton fees 97
established under subsection 1 of this section may be 98 SCS HCS HB 631 55
adjusted annually, consistent with the need to fund the 99
reasonable costs of the program, but shall not be less than 100
twenty-five dollars per ton of regulated air contaminant nor 101
more than forty dollars per ton of regulated air 102
contaminant. The first adjustment shall apply to money s 103
payable on April 1, 1994, and shall be based upon the 104
general price level for the twelve -month period ending on 105
August thirty-first of the previous calendar year. 106
6. The department may initiate a civil action in 107
circuit court against any air co ntaminant source which has 108
not remitted the appropriate fees within thirty days. In 109
any judgment against the source, the department shall be 110
awarded interest at a rate determined pursuant to section 111
408.030 and reasonable attorney's fees. In any judgment 112
against the department, the source shall be awarded 113
reasonable attorney's fees. 114
7. The department shall not suspend or revoke a permit 115
for an air contaminant source solely because the source has 116
not submitted the fees pursuant to this sectio n. 117
8. Any Phase I affected unit which is subject to the 118
requirements of Title IV, Section 404, of the federal Clean 119
Air Act Amendments of 1990 (42 U.S.C. Section 7651c), as 120
amended, shall pay annually beginning April 1, 1993, and 121
terminating December 31, 1999, a service fee for the 122
previous calendar year as provided herein. For the first 123
year, the service fee shall be twenty -five thousand dollars 124
for each Phase I affected generating unit to help fund the 125
administration of sections 643.010 to 643.355. Thereafter, 126
the service fee shall be annually set by the commission by 127
rule, following public hearing, based on an annual 128
allocation prepared by the department showing the details of 129
all costs and expenses upon which such fees are based 130 SCS HCS HB 631 56
consistent with the department's reasonable needs to 131
administer and implement sections 643.010 to 643.355 and to 132
fulfill its responsibilities with respect to Phase I 133
affected units, but such service fee shall not exceed twenty - 134
five thousand dollars per gen erating unit. Any such Phase I 135
affected unit which is located on one or more contiguous 136
tracts of land with any Phase II generating unit that pays 137
fees under subsection 1 or subsection 2 of this section 138
shall be exempt from paying service fees under t his 139
subsection. A "contiguous tract of land" shall be defined 140
to mean adjacent land, excluding public roads, highways and 141
railroads, which is under the control of or owned by the 142
permit holder and operated as a single enterprise. 143
9. The department of natural resources shall determine 144
the fees due pursuant to this section by the state of 145
Missouri and its departments, agencies and institutions, 146
including two- and four-year institutions of higher 147
education. The director of the department of nat ural 148
resources shall forward the various totals due to the joint 149
committee on capital improvements and the directors of the 150
individual departments, agencies and institutions. The 151
departments, as part of the budget process, shall annually 152
request by specific line item appropriation funds to pay 153
said fees and capital funding for projects determined to 154
significantly improve air quality. If the general assembly 155
fails to appropriate funds for emissions fees as 156
specifically requested, the departments, agencies and 157
institutions shall pay said fees from other sources of 158
revenue or funds available. The state of Missouri and its 159
departments, agencies and institutions may receive 160
assistance from the small business technical assistance 161
program established pursuant to section 643.173. 162 SCS HCS HB 631 57
10. Each retail agricultural facility that uses, 163
stores, or sells anhydrous ammonia that is an air 164
contaminant source subject to the risk management plan under 165
42 U.S.C. Section 7412(r), as amended, shall pay an ann ual 166
registration fee of two hundred dollars. In addition, each 167
retail agricultural facility that uses, stores, or sells 168
anhydrous ammonia shall pay an annual tonnage fee calculated 169
on the number of tons of anhydrous ammonia sold. The 170
initial retail tonnage fee shall be set at one dollar and 171
twenty-five cents per ton of anhydrous ammonia used or 172
sold. Each distributor or terminal agricultural facility 173
that uses, stores, or sells anhydrous ammonia that is an air 174
contaminant source subject to the r isk management plan 175
program 3 under 40 CFR Part 68 shall pay an annual 176
registration fee of five thousand dollars and shall not pay 177
a tonnage fee. The annual registration fees and tonnage fee 178
may be periodically revised under subsection 11 of this 179
section. However, the fees collected shall be used 180
exclusively for the purposes of administering the provisions 181
of 42 U.S.C. Section 7412(r), as amended, for such 182
agricultural facilities. Fees paid by agricultural air 183
contaminant sources that use, store , or sell anhydrous 184
ammonia for the purposes of implementing the requirements of 185
42 U.S.C. Section 7412(r), as amended, shall be deposited 186
into the anhydrous ammonia risk management plan subaccount 187
within the natural resources protection fund created i n 188
section 643.245. If the funding exceeds the reasonable 189
costs to administer the programs as set forth in this 190
section, the department of natural resources shall reduce 191
fees for all registrants if the fees derived exceed the 192
reasonable cost of admini stering the risk management plan 193
under 42 U.S.C. Section 7412(r), as amended. 194 SCS HCS HB 631 58
11. Notwithstanding any statutory fee amounts or 195
maximums to the contrary, the department of natural 196
resources may conduct a comprehensive review and propose 197
changes to the fee structure authorized by sections 643.073, 198
643.075, 643.079, 643.225, 643.228, 643.232, 643.237, and 199
643.242 after holding stakeholder meetings in order to 200
solicit stakeholder input from each of the following 201
groups: the asbestos industry, ele ctric utilities, mineral 202
and metallic mining and processing facilities, cement kiln 203
representatives, and any other interested industrial or 204
business entities or interested parties. The department 205
shall submit a proposed fee structure with stakeholder 206
agreement to the air conservation commission. The 207
commission shall review such recommendations at the 208
forthcoming regular or special meeting, but shall not vote 209
on the fee structure until a subsequent meeting. If the 210
commission approves, by vote of two-thirds majority or five 211
of seven commissioners, the fee structure recommendations, 212
the commission shall authorize the department to file a 213
notice of proposed rulemaking containing the recommended fee 214
structure, and after considering public comments , may 215
authorize the department to file the order of rulemaking for 216
such rule with the joint committee on administrative rules 217
pursuant to sections 536.021 and 536.024 no later than 218
December first of the same year. If such rules are not 219
disapproved by the general assembly in the manner set out 220
below, they shall take effect on January first of the 221
following calendar year and the previous fee structure shall 222
expire upon the effective date of the commission -adopted fee 223
structure. Any regulation promu lgated under this subsection 224
shall be deemed to be beyond the scope and authority 225
provided in this subsection, or detrimental to permit 226 SCS HCS HB 631 59
applicants, if the general assembly, within the first sixty 227
calendar days of the regular session immediately followi ng 228
the filing of such regulation, by concurrent resolution 229
disapproves the regulation by concurrent resolution. If the 230
general assembly so disapproves any regulation filed under 231
this subsection, the commission shall continue to use the 232
previous fee structure. The authority of the commission to 233
further revise the fee structure as provided by this 234
subsection shall expire on August 28, [2024] 2030. If the 235
commission's authority to revise the fee structure as 236
provided by this subsection expires, the fee structure in 237
place at the time of expiration shall remain in place . 238
644.016. When used in sections 644.006 to 644.141 and 1
in standards, rules and regulations promulgated pursuant to 2
sections 644.006 to 644.141, the following wor ds and phrases 3
mean: 4
(1) "Aquaculture facility", a hatchery, fish farm, or 5
other facility used for the production of aquatic animals 6
that is required to have a permit pursuant to the federal 7
Clean Water Act, as amended, 33 U.S.C. Section 1251, et 8
seq.; 9
(2) "Commission", the clean water commission of the 10
state of Missouri created in section 644.021; 11
(3) "Conference, conciliation and persuasion", a 12
process of verbal or written communications consisting of 13
meetings, reports, correspo ndence or telephone conferences 14
between authorized representatives of the department and the 15
alleged violator. The process shall, at a minimum, consist 16
of one offer to meet with the alleged violator tendered by 17
the department. During any such meeting , the department and 18
the alleged violator shall negotiate in good faith to 19 SCS HCS HB 631 60
eliminate the alleged violation and shall attempt to agree 20
upon a plan to achieve compliance; 21
(4) "Department", the department of natural resources; 22
(5) "Director", the director of the department of 23
natural resources; 24
(6) "Discharge", the causing or permitting of one or 25
more water contaminants to enter the waters of the state; 26
(7) "Effluent control regulations", limitations on the 27
discharge of water cont aminants; 28
(8) "General permit", a permit written with a standard 29
group of conditions and with applicability intended for a 30
designated category of water contaminant sources that have 31
the same or similar operations, discharges and geographical 32
locations, and that require the same or similar monitoring, 33
and that would be more appropriately controlled pursuant to 34
a general permit rather than pursuant to a site -specific 35
permit; 36
(9) "General permit template", a draft general permit 37
that is being developed through a public participation 38
process; 39
(10) "Human sewage", human excreta and wastewater, 40
including bath and toilet waste, residential laundry waste, 41
residential kitchen waste, and other similar waste from 42
household or establishment appurtenances; 43
(11) "Income" includes retirement benefits, consultant 44
fees, and stock dividends; 45
(12) "Minor violation", a violation which possesses a 46
small potential to harm the environment or human health or 47
cause pollution, was not knowi ngly committed, and is not 48
defined by the United States Environmental Protection Agency 49
as other than minor; 50 SCS HCS HB 631 61
(13) "Permit by rule", a permit granted by rule, not 51
by a paper certificate, and conditioned by the permit 52
holder's compliance with commi ssion rules; 53
(14) "Permit holders or applicants for a permit" shall 54
not include officials or employees who work full time for 55
any department or agency of the state of Missouri; 56
(15) "Person", any individual, partnership, 57
copartnership, firm, company, public or private corporation, 58
association, joint stock company, trust, estate, political 59
subdivision, or any agency, board, department, or bureau of 60
the state or federal government, or any other legal entity 61
whatever which is recognized by l aw as the subject of rights 62
and duties; 63
(16) "Point source", any discernible, confined and 64
discrete conveyance, including but not limited to any pipe, 65
ditch, channel, tunnel, conduit, well, discrete fissure, 66
container, rolling stock, concentrated animal feeding 67
operation, or vessel or other floating craft, from which 68
pollutants are or may be discharged. Point source does not 69
include agricultural storm water discharges and return flows 70
from irrigated agriculture; 71
(17) "Pollution", such contamination or other 72
alteration of the physical, chemical or biological 73
properties of any waters of the state, including change in 74
temperature, taste, color, turbidity, or odor of the waters, 75
or such discharge of any liquid, gaseous, solid, 76
radioactive, or other substance into any waters of the state 77
as will or is reasonably certain to create a nuisance or 78
render such waters harmful, detrimental or injurious to 79
public health, safety or welfare, or to domestic, 80
industrial, agricultural, recreationa l, or other legitimate 81 SCS HCS HB 631 62
beneficial uses, or to wild animals, birds, fish or other 82
aquatic life; 83
(18) "Pretreatment regulations", limitations on the 84
introduction of pollutants or water contaminants into 85
publicly owned treatment works or facilities which the 86
commission determines are not susceptible to treatment by 87
such works or facilities or which would interfere with their 88
operation, except that wastes as determined compatible for 89
treatment pursuant to any federal water pollution control 90
act or guidelines shall be limited or treated pursuant to 91
this chapter only as required by such act or guidelines; 92
(19) "Residential housing development", any land which 93
is divided or proposed to be divided into three or more 94
lots, whether contiguous o r not, for the purpose of sale or 95
lease as part of a common promotional plan for residential 96
housing; 97
(20) "Sewer system", pipelines or conduits, pumping 98
stations, and force mains, and all other structures, 99
devices, appurtenances and facilities u sed for collecting or 100
conducting wastes to an ultimate point for treatment or 101
handling; 102
(21) "Significant portion of his or her income" shall 103
mean ten percent of gross personal income for a calendar 104
year, except that it shall mean fifty percent o f gross 105
personal income for a calendar year if the recipient is over 106
sixty years of age, and is receiving such portion pursuant 107
to retirement, pension, or similar arrangement; 108
(22) "Site-specific permit", a permit written for 109
discharges emitted f rom a single water contaminant source 110
and containing specific conditions, monitoring requirements 111
and effluent limits to control such discharges; 112 SCS HCS HB 631 63
(23) "Treatment facilities", any method, process, or 113
equipment which removes, reduces, or renders les s obnoxious 114
water contaminants released from any source; 115
(24) "Water contaminant", any particulate matter or 116
solid matter or liquid or any gas or vapor or any 117
combination thereof, or any temperature change which is in 118
or enters any waters of the state either directly or 119
indirectly by surface runoff, by sewer, by subsurface 120
seepage or otherwise, which causes or would cause pollution 121
upon entering waters of the state, or which violates or 122
exceeds any of the standards, regulations or limitations set 123
forth in sections 644.006 to 644.141 or any federal water 124
pollution control act, or is included in the definition of 125
pollutant in such federal act; 126
(25) "Water contaminant source", the point or points 127
of discharge from a single tract of prope rty on which is 128
located any installation, operation or condition which 129
includes any point source defined in sections 644.006 to 130
644.141 [and nonpoint source pursuant to any federal water 131
pollution control act, ] which causes or permits a water 132
contaminant therefrom to enter waters of the state either 133
directly or indirectly; 134
(26) "Water quality standards", specified 135
concentrations and durations of water contaminants which 136
reflect the relationship of the intensity and composition of 137
water contaminants to potential undesirable effects; 138
(27) "Waters of the state", all waters within the 139
jurisdiction of this state, including all rivers, streams, 140
lakes and other bodies of surface and subsurface water lying 141
within or forming a part of the boun daries of the state 142
which are not entirely confined and located completely upon 143
lands owned, leased or otherwise controlled by a single 144 SCS HCS HB 631 64
person or by two or more persons jointly or as tenants in 145
common. 146
644.051. 1. It is unlawful for any person: 1
(1) To cause pollution of any waters of the state or 2
to place or cause or permit to be placed any water 3
contaminant in a location where it is reasonably certain to 4
cause pollution of any waters of the state; 5
(2) To discharge any water contaminants into any 6
waters of the state which reduce the quality of such waters 7
below the water quality standards established by the 8
commission; 9
(3) To violate any pretreatment and toxic material 10
control regulations, or to discharge any water contaminants 11
into any waters of the state which exceed effluent 12
regulations or permit provisions as established by the 13
commission or required by any federal water pollution 14
control act; 15
(4) To discharge any radiological, chemical, or 16
biological warfare agent or high -level radioactive waste 17
into the waters of the state. 18
2. It shall be unlawful for any person to operate, use 19
or maintain any water contaminant or point source in this 20
state that is subject to standards, rules or regula tions 21
promulgated pursuant to the provisions of sections 644.006 22
to 644.141 unless such person holds an operating permit from 23
the commission, subject to such exceptions as the commission 24
may prescribe by rule or regulation. However, no operating 25
permit shall be required of any person for any emission into 26
publicly owned treatment facilities or into publicly owned 27
sewer systems tributary to publicly owned treatment works. 28
3. It shall be unlawful for any person to construct, 29
build, replace or make major modification to any point 30 SCS HCS HB 631 65
source or collection system that is principally designed to 31
convey or discharge human sewage to waters of the state, 32
unless such person obtains a construction permit from the 33
commission, except as provided in this se ction. The 34
following activities shall be excluded from construction 35
permit requirements: 36
(1) Facilities greater than one million gallons per 37
day that are authorized through a local supervised program, 38
and are not receiving any department financi al assistance; 39
(2) All sewer extensions or collection projects that 40
are one thousand feet in length or less with fewer than two 41
lift stations; 42
(3) All sewer collection projects that are authorized 43
through a local supervised program; [and] 44
(4) Any earthen basin constructed to retain and settle 45
nontoxic, nonmetallic earthen materials such as soil, silt, 46
and rock; and 47
(5) Any other exclusions the commission may promulgate 48
by rule. 49
4. A construction permit may be required b y the 50
department in the following circumstances: 51
[(a)] (1) Substantial deviation from the commission's 52
design standards; 53
[(b)] (2) To address noncompliance; 54
[(c)] (3) When an unauthorized discharge has occurred 55
or has the potential to occur; or 56
[(d)] (4) To correct a violation of water quality 57
standards. 58
[In addition,] 5. Any point source that proposes to 59
construct an earthen storage structure to hold, convey, 60
contain, store or treat domestic, agricultural, or 61
industrial process wastewater also shall be subject to the 62 SCS HCS HB 631 66
construction permit provisions of this subsection. All 63
other construction-related activities at point sources shall 64
be exempt from the construction permit requirements. All 65
activities that are exempt ed from the construction permit 66
requirement are subject to the following conditions: 67
[a.] (1) Any point source system designed to hold, 68
convey, contain, store or treat domestic, agricultural or 69
industrial process wastewater shall be designed by a 70
professional engineer registered in Missouri in accordance 71
with the commission's design rules; 72
[b.] (2) Such point source system shall be constructed 73
in accordance with the registered professional engineer's 74
design and plans; and 75
[c.] (3) Such point source system may receive a post - 76
construction site inspection by the department prior to 77
receiving operating permit approval. A site inspection may 78
be performed by the department, upon receipt of a complete 79
operating permit application or su bmission of an engineer's 80
statement of work complete. 81
6. A governmental unit may apply to the department for 82
authorization to operate a local supervised program, and the 83
department may authorize such a program. A local supervised 84
program would recognize the governmental unit's engineering 85
capacity and ability to conduct engineering work, supervise 86
construction and maintain compliance with relevant operating 87
permit requirements. 88
[4.] 7. Before issuing any permit required by this 89
section, the director shall issue such notices, conduct such 90
hearings, and consider such factors, comments and 91
recommendations as required by sections 644.006 to 644.141 92
or any federal water pollution control act. The director 93
shall determine if any state o r any provisions of any 94 SCS HCS HB 631 67
federal water pollution control act the state is required to 95
enforce, any state or federal effluent limitations or 96
regulations, water quality -related effluent limitations, 97
national standards of performance, toxic and pretreatmen t 98
standards, or water quality standards which apply to the 99
source, or any such standards in the vicinity of the source, 100
are being exceeded, and shall determine the impact on such 101
water quality standards from the source. The director, in 102
order to effectuate the purposes of sections 644.006 to 103
644.141, shall deny a permit if the source will violate any 104
such acts, regulations, limitations or standards or will 105
appreciably affect the water quality standards or the water 106
quality standards are being subs tantially exceeded, unless 107
the permit is issued with such conditions as to make the 108
source comply with such requirements within an acceptable 109
time schedule. 110
[5.] 8. The director shall grant or deny the permit 111
within sixty days after all requireme nts of the Federal 112
Water Pollution Control Act concerning issuance of permits 113
have been satisfied unless the application does not require 114
any permit pursuant to any federal water pollution control 115
act. The director or the commission may require the 116
applicant to provide and maintain such facilities or to 117
conduct such tests and monitor effluents as necessary to 118
determine the nature, extent, quantity or degree of water 119
contaminant discharged or released from the source, 120
establish and maintain records and make reports regarding 121
such determination. 122
[6.] 9. The director shall promptly notify the 123
applicant in writing of his or her action and if the permit 124
is denied state the reasons for such denial. As provided by 125
sections 621.250 and 640.013, the applicant may appeal to 126 SCS HCS HB 631 68
the administrative hearing commission from the denial of a 127
permit or from any condition in any permit by filing a 128
petition with the administrative hearing commission within 129
thirty days of the notice of denial or issuance of the 130
permit. After a final action is taken on a new or reissued 131
general permit, a potential applicant for the general permit 132
who can demonstrate that he or she is or may be adversely 133
affected by any permit term or condition may appeal the 134
terms and conditions of the general permit within thirty 135
days of the department's issuance of the general permit. In 136
no event shall a permit constitute permission to violate the 137
law or any standard, rule or regulation promulgated pursuant 138
thereto. Once the administrative hearing commission has 139
reviewed the appeal, the administrative hearing commission 140
shall issue a recommended decision to the commission on 141
permit issuance, denial, or any condition of the permit. 142
The commission shall issue its own decision, b ased on the 143
appeal, for permit issuance, denial, or any condition of the 144
permit. If the commission changes a finding of fact or 145
conclusion of law made by the administrative hearing 146
commission, or modifies or vacates the decision recommended 147
by the administrative hearing commission, it shall issue its 148
own decision, which shall include findings of fact and 149
conclusions of law. The commission shall mail copies of its 150
final decision to the parties to the appeal or their counsel 151
of record. The commission's decision shall be subject to 152
judicial review pursuant to chapter 536, except that the 153
court of appeals district with territorial jurisdiction 154
coextensive with the county where the point source is to be 155
located shall have original jurisdiction. No judicial 156
review shall be available until and unless all 157
administrative remedies are exhausted. 158 SCS HCS HB 631 69
[7.] 10. In any hearing held pursuant to this section 159
that involves a permit, license, or registration, the burden 160
of proof is on the party specified in section 640.012. Any 161
decision of the commission made pursuant to a hearing held 162
pursuant to this section is subject to judicial review as 163
provided in section 644.071. 164
[8.] 11. In any event, no permit issued pursuant to 165
this section shall be issued if properly objected to by the 166
federal government or any agency authorized to object 167
pursuant to any federal water pollution control act unless 168
the application does not require any permit pursuant to any 169
federal water pollution control act. 170
[9.] 12. Permits may be modified, reissued, or 171
terminated at the request of the permittee. All requests 172
shall be in writing and shall contain facts or reasons 173
supporting the request. 174
[10.] 13. No manufacturing or processing plant or 175
operating location shall be required to pay more than one 176
operating fee. Operating permits shall be issued for a 177
period not to exceed five years after date of issuance, 178
except that general permits shall be issued for a five -year 179
period, and also except that nei ther a construction nor an 180
annual permit shall be required for a single residence's 181
waste treatment facilities. Applications for renewal of a 182
site-specific operating permit shall be filed at least one 183
hundred eighty days prior to the expiration of the existing 184
permit. Applications seeking to renew coverage under a 185
general permit shall be submitted at least thirty days prior 186
to the expiration of the general permit, unless the 187
permittee has been notified by the director that an earlier 188
application must be made. General permits may be applied 189 SCS HCS HB 631 70
for and issued electronically once made available by the 190
director. 191
[11.] 14. Every permit issued to municipal or any 192
publicly owned treatment works or facility shall require the 193
permittee to provide t he clean water commission with 194
adequate notice of any substantial new introductions of 195
water contaminants or pollutants into such works or facility 196
from any source for which such notice is required by 197
sections 644.006 to 644.141 or any federal water po llution 198
control act. Such permit shall also require the permittee 199
to notify the clean water commission of any substantial 200
change in volume or character of water contaminants or 201
pollutants being introduced into its treatment works or 202
facility by a source which was introducing water 203
contaminants or pollutants into its works at the time of 204
issuance of the permit. Notice must describe the quality 205
and quantity of effluent being introduced or to be 206
introduced into such works or facility by a source whi ch was 207
introducing water contaminants or pollutants into its works 208
at the time of issuance of the permit. Notice must describe 209
the quality and quantity of effluent being introduced or to 210
be introduced into such works or facility and the 211
anticipated impact of such introduction on the quality or 212
quantity of effluent to be released from such works or 213
facility into waters of the state. 214
[12.] 15. The director or the commission may require 215
the filing or posting of a bond as a condition for the 216
issuance of permits for construction of temporary or future 217
water treatment facilities or facilities that utilize 218
innovative technology for wastewater treatment in an amount 219
determined by the commission to be sufficient to ensure 220
compliance with all provi sions of sections 644.006 to 221 SCS HCS HB 631 71
644.141, and any rules or regulations of the commission and 222
any condition as to such construction in the permit. For 223
the purposes of this section, "innovative technology for 224
wastewater treatment" shall mean a completely ne w and 225
generally unproven technology in the type or method of its 226
application that bench testing or theory suggest has 227
environmental, efficiency, and cost benefits beyond the 228
standard technologies. No bond shall be required for 229
designs approved by any federal agency or environmental 230
regulatory agency of another state. The bond shall be 231
signed by the applicant as principal, and by a corporate 232
surety licensed to do business in the state of Missouri and 233
approved by the commission. The bond shall remain in effect 234
until the terms and conditions of the permit are met and the 235
provisions of sections 644.006 to 644.141 and rules and 236
regulations promulgated pursuant thereto are complied with. 237
[13.] 16. (1) The department shall issue or deny 238
applications for construction and site -specific operating 239
permits received after January 1, 2001, within one hundred 240
eighty days of the department's receipt of an application. 241
For general construction and operating permit applications 242
received after Januar y 1, 2001, that do not require a public 243
participation process, the department shall issue or deny 244
the permits within sixty days of the department's receipt of 245
an application. For an application seeking coverage under a 246
renewed general permit that does not require an individual 247
public participation process, the director shall issue or 248
deny the permit within sixty days of the director's receipt 249
of the application, or upon issuance of the general permit, 250
whichever is later. In regard to an applicatio n seeking 251
coverage under an initial general permit that does not 252
require an individual public participation process, the 253 SCS HCS HB 631 72
director shall issue or deny the permit within sixty days of 254
the department's receipt of the application. For an 255
application seeking coverage under a renewed general permit 256
that requires an individual public participation process, 257
the director shall issue or deny the permit within ninety 258
days of the director's receipt of the application, or upon 259
issuance of the general permit, w hichever is later. In 260
regard to an application for an initial general permit that 261
requires an individual public participation process, the 262
director shall issue or deny the permit within ninety days 263
of the director's receipt of the application. 264
(2) If the department fails to issue or deny with good 265
cause a construction or operating permit application within 266
the time frames established in subdivision (1) of this 267
subsection, the department shall refund the full amount of 268
the initial application fee within forty-five days of 269
failure to meet the established time frame. If the 270
department fails to refund the application fee within forty - 271
five days, the refund amount shall accrue interest at a rate 272
established pursuant to section 32.065. 273
(3) Permit fee disputes may be appealed to the 274
commission within thirty days of the date established in 275
subdivision (2) of this subsection. If the applicant 276
prevails in a permit fee dispute appealed to the commission, 277
the commission may order the directo r to refund the 278
applicant's permit fee plus interest and reasonable 279
attorney's fees as provided in sections 536.085 and 280
536.087. A refund of the initial application or annual fee 281
does not waive the applicant's responsibility to pay any 282
annual fees due each year following issuance of a permit. 283
(4) No later than December 31, 2001, the commission 284
shall promulgate regulations defining shorter review time 285 SCS HCS HB 631 73
periods than the time frames established in subdivision (1) 286
of this subsection, when appropri ate, for different classes 287
of construction and operating permits. In no case shall 288
commission regulations adopt permit review times that exceed 289
the time frames established in subdivision (1) of this 290
subsection. The department's failure to comply with the 291
commission's permit review time periods shall result in a 292
refund of said permit fees as set forth in subdivision (2) 293
of this subsection. On a semiannual basis, the department 294
shall submit to the commission a report which describes the 295
different classes of permits and reports on the number of 296
days it took the department to issue each permit from the 297
date of receipt of the application and show averages for 298
each different class of permits. 299
(5) During the department's technical review of the 300
application, the department may request the applicant submit 301
supplemental or additional information necessary for 302
adequate permit review. The department's technical review 303
letter shall contain a sufficient description of the type of 304
additional information needed to comply with the application 305
requirements. 306
(6) Nothing in this subsection shall be interpreted to 307
mean that inaction on a permit application shall be grounds 308
to violate any provisions of sections 644.006 to 644.141 or 309
any rules promulgated pursuant to sections 644.006 to 310
644.141. 311
[14.] 17. The department shall respond to all requests 312
for individual certification under Section 401 of the 313
Federal Clean Water Act within the lesser of sixty days or 314
the allowed response period established pursuant to 315
applicable federal regulations without request for an 316
extension period unless such extension is determined by the 317 SCS HCS HB 631 74
commission to be necessary to evaluate significant impacts 318
on water quality standards and the commission establis hes a 319
timetable for completion of such evaluation in a period of 320
no more than one hundred eighty days. 321
[15.] 18. All permit fees generated pursuant to this 322
chapter shall not be used for the development or expansion 323
of total maximum daily loads studies on either the Missouri 324
or Mississippi rivers. 325
[16.] 19. The department shall implement permit shield 326
provisions equivalent to the permit shield provisions 327
implemented by the U.S. Environmental Protection Agency 328
pursuant to the Clean Water A ct, Section 402(k), 33 U.S.C. 329
Section 1342(k), and its implementing regulations, for 330
permits issued pursuant to chapter 644. 331
[17.] 20. Prior to the development of a new general 332
permit or reissuance of a general permit for aquaculture, 333
land disturbance requiring a storm water permit, or 334
reissuance of a general permit under which fifty or more 335
permits were issued under a general permit during the 336
immediately preceding five -year period for a designated 337
category of water contaminant sources, the d irector shall 338
implement a public participation process complying with the 339
following minimum requirements: 340
(1) For a new general permit or reissuance of a 341
general permit, a general permit template shall be developed 342
for which comments shall be sou ght from permittees and other 343
interested persons prior to issuance of the general permit; 344
(2) The director shall publish notice of his intent to 345
issue a new general permit or reissue a general permit by 346
posting notice on the department's website a t least one 347
hundred eighty days before the proposed effective date of 348
the general permit; 349 SCS HCS HB 631 75
(3) The director shall hold a public informational 350
meeting to provide information on anticipated permit 351
conditions and requirements and to receive informal comments 352
from permittees and other interested persons. The director 353
shall include notice of the public informational meeting 354
with the notice of intent to issue a new general permit or 355
reissue a general permit under subdivision (2) of this 356
subsection. The notice of the public informational meeting, 357
including the date, time and location, shall be posted on 358
the department's website at least thirty days in advance of 359
the public meeting. If the meeting is being held for 360
reissuance of a general permit , notice shall also be made by 361
electronic mail to all permittees holding the current 362
general permit which is expiring. Notice to current 363
permittees shall be made at least twenty days prior to the 364
public meeting; 365
(4) The director shall hold a thi rty-day public 366
comment period to receive comments on the general permit 367
template with the thirty -day comment period expiring at 368
least sixty days prior to the effective date of the general 369
permit. Scanned copies of the comments received during the 370
public comment period shall be posted on the department's 371
website within five business days after close of the public 372
comment period; 373
(5) A revised draft of a general permit template and 374
the director's response to comments submitted during the 375
public comment period shall be posted on the department's 376
website at least forty -five days prior to issuance of the 377
general permit. At least forty-five days prior to issuance 378
of the general permit the department shall notify all 379
persons who submitted comme nts to the department that these 380
documents have been posted to the department's website; 381 SCS HCS HB 631 76
(6) Upon issuance of a new or renewed general permit, 382
the general permit shall be posted to the department's 383
website. 384
[18.] 21. Notices required to be m ade by the 385
department pursuant to subsection [17] 20 of this section 386
may be made by electronic mail. The department shall not be 387
required to make notice to any permittee or other person who 388
has not provided a current electronic mail address to the 389
department. In the event the department chooses to make 390
material modifications to the general permit before its 391
expiration, the department shall follow the public 392
participation process described in subsection [17] 20 of 393
this section. 394
[19. The provisions of subsection 17 of this section 395
shall become effective beginning January 1, 2013. ] 396
644.057. Notwithstanding any statutory fee amounts or 1
maximums to the contrary, the director of the department of 2
natural resources may cond uct a comprehensive review and 3
propose changes to the clean water fee structure set forth 4
in sections 644.052, 644.053, and 644.061. The 5
comprehensive review shall include stakeholder meetings in 6
order to solicit stakeholder input from each of the 7
following groups: agriculture, industry, municipalities, 8
public and private wastewater facilities, and the 9
development community. Upon completion of the comprehensive 10
review, the department shall submit a proposed fee structure 11
with stakeholder agreeme nt to the clean water commission. 12
The commission shall review such recommendations at the 13
forthcoming regular or special meeting, but shall not vote 14
on the fee structure until a subsequent meeting. In no case 15
shall the clean water commission adopt or recommend any 16
clean water fee in excess of five thousand dollars. If the 17 SCS HCS HB 631 77
commission approves, by vote of two -thirds majority or five 18
of seven commissioners, the fee structure recommendations, 19
the commission shall authorize the department to file a 20
notice of proposed rulemaking containing the recommended fee 21
structure, and after considering public comments, may 22
authorize the department to file the order of rulemaking for 23
such rule with the joint committee on administrative rules 24
pursuant to sections 536.021 and 536.024 no later than 25
December first of the same year. If such rules are not 26
disapproved by the general assembly in the manner set out 27
below, they shall take effect on January first of the 28
following calendar year and the fee structures set forth in 29
sections 644.052, 644.053, and 644.061 shall expire upon the 30
effective date of the commission -adopted fee structure, 31
contrary to section 644.054. Any regulation promulgated 32
under this subsection shall be deemed to be beyond the scope 33
and authority provided in this subsection, or detrimental to 34
permit applicants, if the general assembly, within the first 35
sixty calendar days of the regular session immediately 36
following the filing of such regulation disapproves the 37
regulation by concurre nt resolution. If the general 38
assembly so disapproves any regulation filed under this 39
subsection, the department and the commission shall not 40
implement the proposed fee structure and shall continue to 41
use the previous fee structure. The authority of the 42
commission to further revise the fee structure provided by 43
this section shall expire on August 28, [2024. Any fee, 44
bond, or assessment structure established pursuant to the 45
process in this section shall expire on August 28, 2024 ] 46
2030. If the commission's authority to revise the fee 47
structure as provided by this subsection expires, the fee 48 SCS HCS HB 631 78
structure in place at the time of expiration shall remain in 49
place. 50
Section B. Because immediate action is necessary to 1
exclude moneys received from payments of penalties from 2
local effort school district funding calculations, the 3
repeal and reenactment of section 163.024 of this act is 4
deemed necessary for the immediate preservation of the 5
public health, welfare, peace, and safety, a nd is hereby 6
declared to be an emergency act within the meaning of the 7
constitution, and the repeal and reenactment of section 8
163.024 of this act shall be in full force and effect upon 9
its passage and approval. 10