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repealed and two new sections enacted in lieu thereof, to be 2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