Missouri 2025 Regular Session

Missouri Senate Bill SB601 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 601
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR GREGORY (21).
8	8	2301S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 701.040 and 701.046, RSMo, and to enact in lieu thereof two new sections
11	11	relating to sewage regulation.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 701.040 and 701.046, RSMo, are 1
15	15	repealed and two new sections enacted in lieu thereof, to be 2
16	16	known as sections 701.040 and 701.046, to read as fol lows:3
17	17	701.040. [1.] The department of health and senior 1
18	18	services shall: 2
19	19	(1) Develop by September 1, 1995, a state standard for 3
20	20	the location, size of sewage tanks and length of lateral 4
21	21	lines based on the [percolation or permeability rate of the] 5
22	22	soil properties, construction, installation, and operation 6
23	23	of on-site sewage disposal systems. Advice from the 7
24	24	department of natural resources shall be considered. City 8
25	25	or county governments may adopt, by order or ordinance, the 9
26	26	state standard in accordance with the provisions of sections 10
27	27	701.025 to 701.059. In any jurisdiction where a city or 11
28	28	county has not adopted the state standard, the department of 12
29	29	health and senior services shall enforce the state standard 13
30	30	until such time as the city or county adopts the standard; 14
31	31	(2) Define by rule a list of [those persons who are 15
32	32	qualified to perform the percolation tests or ] on-site soil 16
33	33	evaluators registered by the department to conduct soils 17 SB 601 2
34	34	morphology [tests] evaluations required by the state 18
35	35	standard. The list shall include the following: 19
36	36	(a) Persons trained and certified by either the 20
37	37	department, which shall include on -site sewage disposal 21
38	38	system contractors or a certified agent of the department; 22
39	39	(b) Licensed professional engineers as defined in 23
40	40	section 327.011; 24
41	41	(c) Sanitarians meeting standards defined by the 25
42	42	department; 26
43	43	(d) Qualified geologists as defined in section 27
44	44	[256.501] 256.453; and 28
45	45	(e) "Soil scientists", defined as a person that has 29
46	46	successfully completed at least fifteen semester credit 30
47	47	hours of soils science course work, including at least three 31
48	48	hours of course work in soil morphology and interpretations; 32
49	49	(3) Develop in accordance with sections 701.053 to 33
50	50	701.055 a voluntary regi stration program for on -site sewage 34
51	51	disposal system contractors. Approved county programs shall 35
52	52	implement the contractor registration program. In any area 36
53	53	where a county has not adopted, by order or ordinance, the 37
54	54	contractor registration program, the department shall 38
55	55	implement the program until such time as the county adopts 39
56	56	the registration program; 40
57	57	(4) Establish an education training program 41
58	58	specifically developed for contractors and city and county 42
59	59	employees. [Contractors may be taught a nd allowed to 43
60	60	perform percolation tests. ] Reasonable fees may be charged 44
61	61	of the participants to cover the cost of the training and 45
62	62	shall be deposited in the public health services fund 46
63	63	created in section 192.900. The department shall provide, 47
64	64	as a part of the education training program, an installation 48
65	65	manual for on-site sewage disposal systems. The manual 49 SB 601 3
66	66	shall also be made available, at the cost of publication and 50
67	67	distribution, to persons not participating in the education 51
68	68	and training program ; 52
69	69	(5) [Periodically review, but not more than annually, 53
70	70	any county's or city's ordinance or order and enforcement 54
71	71	record to assure that the state standard is being 55
72	72	consistently and appropriately enforced. In its review the 56
73	73	department shall asses s the timeliness of the county's or 57
74	74	city's inspections of on -site sewage systems, and county or 58
75	75	city enforcement may be terminated if the department 59
76	76	determines that the county or city is unable to provide 60
77	77	prompt inspections. If the department determin es that the 61
78	78	standard is not being consistently or appropriately enforced 62
79	79	in any city or county, the department shall notify the 63
80	80	county or city of the department's intent to enforce the 64
81	81	standard in that jurisdiction and after thirty days' notice 65
82	82	hold a public hearing in such county or city to make a 66
83	83	determination as to whether the state shall enforce the 67
84	84	state standard. Any city or county aggrieved by a decision 68
85	85	of the department may appeal a decision of the department to 69
86	86	the state board of health and senior services established 70
87	87	under section 191.400. Any city or county aggrieved by a 71
88	88	decision of the state board of health and senior services 72
89	89	may appeal that decision to the administrative hearing 73
90	90	commission in the manner provided in section 621. 120] 74
91	91	Administer, in accordance with sections 701.025 to 701.059, 75
92	92	a mandatory registration program requiring continuing 76
93	93	education before January 1, 2026, for on -site wastewater 77
94	94	treatment system professionals qualified to perform 78
95	95	percolation tests in ac cordance with the standards 79
96	96	promulgated under subdivision (1) of this section. Before 80
97	97	January 1, 2026, if a soil morphology evaluation cannot be 81 SB 601 4
98	98	reasonably obtained, a percolation test may be accepted at 82
99	99	the discretion of the administrative authority. The 83
100	100	provisions of this subdivision shall be void and of no 84
101	101	effect after December 31, 2025 ; and 85
102	102	(6) Promulgate such rules and regulations as are 86
103	103	necessary to carry out the provisions of sections 701.025 to 87
104	104	701.059. 88
105	105	[2. Subdivision (5) of t his section shall be void and 89
106	106	of no effect after January 1, 1998. ] 90
107	107	701.046. Except as otherwise provided in section 1
108	108	701.031, no person may, on or after September 1, 1995, 2
109	109	construct or make a major modification or major repair to an 3
110	110	on-site sewage disposal system without first notifying the 4
111	111	city, county or department and completing an application, 5
112	112	upon a form provided by the department, [and] submitting [a] 6
113	113	an application fee in the amount established by the city, 7
114	114	county or department, and obtaining a construction permit . 8
115	115	[The fee shall be set at an amount no greater than that 9
116	116	necessary to cover the cost to implement the state standard 10
117	117	for on-site sewage disposal systems and the registration of 11
118	118	contractors.] For areas of the state where the department 12
119	119	is enforcing the state standard or registering contractors, 13
120	120	the department shall [establish the fee, by rule, at an 14
121	121	amount not greater than ninety dollars. The department may 15
122	122	charge an additional fee, as necessary, to cover the 16
123	123	expenses of training those contractors electing to perform 17
124	124	the percolation tests ] promulgate regulations establishing 18
125	125	the conditions and requirements for the construction permit 19
126	126	application, including the collection of reasonable fees. 20
127	127	The fees shall be set at a level to produce revenue that 21
128	128	shall not exceed the cost and expense of administering the 22
129	129	provisions of sections 701.025 to 701.059 . The application 23 SB 601 5
130	130	form shall require such information necessary to show that 24
131	131	the on-site sewage disposal system will comply with the 25
132	132	state standard. Such fees, when collected by the 26
133	133	department, shall be deposited in the state treasury to the 27
134	134	credit of the Missouri public health services fund. The 28
135	135	department shall provide technical assistance regarding the 29
136	136	type and location of the system to be installed when 30
137	137	processing applications received under sections 701.046 to 31
138	138	701.048 and 701.050. Fees collected by the department shall 32
139	139	be deposited in the Missouri public health services fund 33
140	140	created in section 192.900 and shall be used to implement 34
141	141	sections 701.025 to 701.059 and for no other purpose. 35
142	142	