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Missouri General Assembly· SB 953Signed by Governor

Modifies provisions relating to environmental programs within the Department of Natural Resources, the official text

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SECOND REGULAR SESSION
                    [TRULY AGREED TO AND FINALLY PASSED]

                        HOUSE COMMITTEE SUBSTITUTE FOR

           SENATE BILL NO. 953

                    103RD GENERAL ASSEMBLY
                                     2026

4505H.04T

                    AN ACT

To repeal sections 640.144, 640.220, 643.350, 644.021, 644.051, and 644.059, RSMo, and to enact
             in lieu thereof seven new sections relating to environmental programs within the
             department of natural resources.

Be it enacted by the General Assembly of the State of Missouri, as follows:

1          Section A. Sections 640.144, 640.220, 643.350, 644.021,

2 644.051, and 644.059, RSMo, are repealed and seven new sections

3 enacted in lieu thereof, to be known as sections 640.144,

4 640.220, 643.350, 644.021, 644.051, 644.059, and 644.083, to

5 read as follows:

1          640.144. 1. All community water systems shall be

2 required to create a valve inspection program that includes:

3          (1) Inspection of all valves every ten years;

4          (2) Scheduled repair or replacement of broken valves;

5 and

6          (3) Within five years of August 28, 2020,

7 identification of each shut-off valve location using a

8 geographic information system or an alternative physical

9 mapping system that accurately identifies the location of

10 each valve.

11         2. All community water systems shall be required to

12 create a hydrant inspection program that includes:

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
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13  (1) Scheduled testing of every hydrant in the

14 community water system;

15  (2) Scheduled repair or replacement of broken hydrants;

16  (3) A plan to flush every hydrant and dead-end main;

17  (4) Maintenance of records of inspections, tests, and

18 flushings for six years; and

19  (5) Within five years of August 28, 2020,

20 identification of each hydrant location using a geographic

21 information system or an alternative physical mapping system

22 that accurately identifies the location of each hydrant.

23  3. The provisions of this section shall not apply to

24 any state parks, cities with a population of more than

25 thirty thousand inhabitants, [a] any county with a charter

26 form of government and with more than six hundred thousand

27 but fewer than seven hundred thousand inhabitants, [a] any

28 county with a charter form of government and with more than

29 nine hundred fifty thousand inhabitants, or [a] any public

30 service commission regulated utility with more than thirty

31 thousand customers.

1   640.220. 1. For the purpose of protecting the air,

2 water and land resources of the state, there is hereby

3 created in the state treasury a fund to be known as the

4 "Natural Resources Protection Fund". All funds received

5 from air pollution permit fees, gifts, bequests, donations,

6 or any other moneys so designated shall be paid to the

7 director of the department of natural resources, transmitted

8 to the director of revenue and deposited in the state

9 treasury to the credit of an appropriate subaccount of the

10 natural resources protection fund and shall be used for the

11 purposes specified by law. The air pollution permit fee

12 revenues shall be deposited in an appropriate subaccount of

13 the natural resources protection fund and, subject to
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14 appropriation by the general assembly, shall be used by the

15 department to carry out the general administration of

16 section 643.075. The water pollution permit fee revenues

17 generated through sections 644.052, 644.053, 644.054 and

18 644.061 shall be paid to the director of the department of

19 natural resources, transmitted to the director of the

20 department of revenue and deposited to the credit of the

21 water pollution permit fee subaccount of the natural

22 resources protection fund and, subject to appropriation by

23 the general assembly, shall be used by the department to

24 carry out the administration of sections 644.006 to 644.141.

25  2. Effective July 1, 1991, and before June 30, 2027,

26 the provisions of section 33.080 to the contrary

27 notwithstanding, any unexpended balance in the subaccounts

28 of the natural resources protection fund that exceeds the

29 preceding biennium's collections shall revert to the general

30 revenue fund of the state at the end of each biennium.

31 Beginning July 1, 2027, any unexpended balance in the

32 subaccounts of the natural resources protection fund that

33 exceeds the preceding biennium's collections shall not

34 revert to the general revenue fund of the state at the end

35 of each biennium. All interest earned on the natural

36 resources protection funds shall accrue to appropriate

37 subaccounts.

38  3. Beginning July 1, 2027, and annually on July first

39 of each succeeding year, the commissioner of administration

40 shall use taxable sales reports to estimate the amount of

41 state general revenue sales and use tax derived from

42 electric power distribution (NAICS code 221122, or its

43 successor) in the immediately preceding calendar year and

44 shall report such amount to the state treasurer. The state

45 treasurer shall transfer five percent of such general
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46 revenue sales and use taxes to the air pollution permit fees

47 subaccount of the natural resources protection fund and such

48 funds, subject to appropriation by the general assembly,

49 shall be used by the department solely for the purpose of

50 funding the air pollution control program. Any provision of

51 law to the contrary notwithstanding, amounts transferred in

52 accordance with this subsection shall not revert to the

53 general revenue fund of the state at the end of each

54 biennium and shall be used solely for the purpose of funding

55 the air pollution control program.

1   643.350. 1. A fee, not to exceed twenty-four dollars,

2 may be charged for an emissions inspection conducted under

3 the emissions inspection program established pursuant to

4 sections 643.300 to 643.355.

5   2. The fee shall be conspicuously posted on the

6 premises of each emissions inspection station.

7   3. The commission shall establish, by rule, the

8 portion of the fee amount to be remitted by the emission

9 inspection station to the director of revenue and the number

10 of days allowed for remitting fees.

11  4. The official emission inspection station shall

12 remit the portion of fees collected, as established by the

13 commission pursuant to this section, to the state treasurer

14 within the time period established by the commission. The

15 state treasurer shall deposit the fees received in the state

16 treasury to the credit of the "Missouri Air Emission

17 Reduction Fund", which is hereby created. Moneys in the

18 fund shall, subject to appropriation, be expended for the

19 administration and enforcement of sections 643.300 to

20 643.355 by the department of natural resources, the Missouri

21 highway patrol, and other appropriate agencies. Any balance

22 in the fund at the end of the biennium shall remain in the
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23 fund and shall not be subject to the provisions of section

24 33.080. All interest earned by moneys in the fund shall

25 accrue to the fund. [If in the immediate previous fiscal

26 year, the state's net general revenue did not increase by

27 two percent or more, the state treasurer may deposit moneys,

28 except for gifts, donations, or bequests, received under

29 this section beginning January first of the current fiscal

30 year into the state general revenue fund. Otherwise, the

31 state treasurer shall deposit such moneys in accordance with

32 the provisions of this section.]

33  5. In addition to funds from the Missouri air emission

34 reduction fund, costs of capital or operations may be

35 supplemented, upon appropriation, from the general revenue

36 fund, the state highway department fund, federal funds or

37 other funds available for that purpose.

1   644.021. 1. There is hereby created a water

2 contaminant control agency to be known as the "Clean Water

3 Commission of the State of Missouri", whose domicile for the

4 purposes of sections 644.006 to 644.141 shall be deemed to

5 be that of the department of natural resources. The

6 commission shall consist of seven members appointed by the

7 governor with the advice and consent of the senate. No more

8 than four of the members shall belong to the same political

9 party. All members shall be representative of the general

10 interest of the public and shall have an interest in and

11 knowledge of conservation and the effects and control of

12 water contaminants. At least two members shall be

13 knowledgeable concerning the needs of agriculture, industry

14 or mining and interested in protecting these needs in a

15 manner consistent with the purposes of sections 644.006 to

16 644.141. At least one member shall be knowledgeable

17 concerning the needs of publicly owned wastewater treatment
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18 works. No more than four members shall represent the

19 public. [No member shall receive, or have received during

20 the previous two years, a significant portion of his or her

21 income directly or indirectly from permit holders or

22 applicants for a permit pursuant to any federal water

23 pollution control act as amended and as applicable to this

24 state.] The commission shall establish rules of procedure

25 that specify when members shall exempt themselves from

26 participating in discussions and from voting on issues

27 before the commission due to a potential conflict of

28 interest as prohibited under section 105.452. A member

29 shall exempt him or herself from participating in

30 discussions and from voting on any issue before the

31 commission including, but not limited to, permitting and

32 enforcement actions that directly involve an entity from

33 which the commissioner receives or has received within the

34 previous two years a significant portion of his or her

35 income. All members appointed on or after August 28, 2002,

36 shall have demonstrated an interest and knowledge about

37 water quality. All members appointed on or after August 28,

38 2002, shall be qualified by interest, education, training or

39 experience to provide, assess and evaluate scientific and

40 technical information concerning water quality, financial

41 requirements and the effects of the promulgation of

42 standards, rules and regulations. At the first meeting of

43 the commission and at yearly intervals thereafter, the

44 members shall select from among themselves a chairman and a

45 vice chairman.

46  2. The members' terms of office shall be four years

47 and until their successors are selected and qualified.

48 Provided, however, that the first three members appointed

49 shall serve a term of two years, the next three members
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50 appointed shall serve a term of four years, thereafter all

51 members appointed shall serve a term of four years. There

52 is no limitation on the number of terms any appointed member

53 may serve. If a vacancy occurs the governor may appoint a

54 member for the remaining portion of the unexpired term

55 created by the vacancy. The governor may remove any

56 appointed member for cause. The members of the commission

57 shall be reimbursed for travel and other expenses actually

58 and necessarily incurred in the performance of their duties.

59  3. The commission shall hold at least four regular

60 meetings each year and such additional meetings as the

61 chairman deems desirable at a place and time to be fixed by

62 the chairman. Special meetings may be called by three

63 members of the commission upon delivery of written notice to

64 each member of the commission. Reasonable written notice of

65 all meetings shall be given by the director to all members

66 of the commission. Four members of the commission shall

67 constitute a quorum. All powers and duties conferred

68 specifically upon members of the commission shall be

69 exercised personally by the members and not by alternates or

70 representatives. All actions of the commission shall be

71 taken at meetings open to the public. Any member absent

72 from six consecutive regular commission meetings for any

73 cause whatsoever shall be deemed to have resigned and the

74 vacancy shall be filled immediately in accordance with

75 subsection [1] 2 of this section.

1   644.051. 1. It is unlawful for any person:

2   (1) To cause pollution of any waters of the state or

3 to place or cause or permit to be placed any water

4 contaminant in a location where it is reasonably certain to

5 cause pollution of any waters of the state;
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6   (2) To discharge any water contaminants into any

7 waters of the state which reduce the quality of such waters

8 below the water quality standards established by the

9 commission;

10  (3) To violate any pretreatment and toxic material

11 control regulations, or to discharge any water contaminants

12 into any waters of the state which exceed effluent

13 regulations or permit provisions as established by the

14 commission or required by any federal water pollution

15 control act;

16  (4) To discharge any radiological, chemical, or

17 biological warfare agent or high-level radioactive waste

18 into the waters of the state.

19  2. It shall be unlawful for any person to operate, use

20 or maintain any water contaminant or point source in this

21 state that is subject to standards, rules or regulations

22 promulgated pursuant to the provisions of sections 644.006

23 to 644.141 unless such person holds an operating permit from

24 the commission, subject to such exceptions as the commission

25 may prescribe by rule or regulation or as exempted in

26 section 644.059. However, no operating permit shall be

27 required of any person for any emission into publicly owned

28 treatment facilities or into publicly owned sewer systems

29 tributary to publicly owned treatment works.

30  3. It shall be unlawful for any person to construct,

31 build, replace or make major modification to any point

32 source or collection system that is principally designed to

33 convey or discharge human sewage to waters of the state,

34 unless such person obtains a construction permit from the

35 commission, except as provided in this section. The

36 following activities shall be excluded from construction

37 permit requirements:
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38  (1) Facilities greater than one million gallons per

39 day that are authorized through a local supervised program,

40 and are not receiving any department financial assistance;

41  (2) All sewer extensions or collection projects that

42 are one thousand feet in length or less with fewer than two

43 lift stations;

44  (3) All sewer collection projects that are authorized

45 through a local supervised program; and

46  (4) Any other exclusions the commission may promulgate

47 by rule.

48  4. A construction permit may be required by the

49 department in the following circumstances:

50  (1) Substantial deviation from the commission's design

51 standards;

52  (2) To address noncompliance;

53  (3) When an unauthorized discharge has occurred or has

54 the potential to occur; or

55  (4) To correct a violation of water quality standards.

56  5. Any point source that proposes to construct an

57 earthen storage structure to hold, convey, contain, store or

58 treat domestic, agricultural, or industrial process

59 wastewater also shall be subject to the construction permit

60 provisions of subsections 3 to 5 of this section. However,

61 any earthen basin constructed to retain and settle nontoxic,

62 nonmetallic earthen materials such as soil, silt, and rock

63 shall be exempt from the construction permit provisions of

64 subsections 3 to 5 of this section. All other construction-

65 related activities at point sources not subject to

66 subsections 3 to 5 of this section shall be exempt from the

67 construction permit requirements. All activities that are

68 exempted from the construction permit requirement are

69 subject to the following conditions:
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70  (1) Any point source system designed to hold, convey,

71 contain, store or treat domestic, agricultural or industrial

72 process wastewater shall be designed by a professional

73 engineer registered in Missouri in accordance with the

74 commission's design rules;

75  (2) Such point source system shall be constructed in

76 accordance with the registered professional engineer's

77 design and plans; and

78  (3) Such point source system may receive a post-

79 construction site inspection by the department prior to

80 receiving operating permit approval. A site inspection may

81 be performed by the department, upon receipt of a complete

82 operating permit application or submission of an engineer's

83 statement of work complete.

84  6. Notwithstanding any provision of this section to

85 the contrary, the commission may exempt an entity from the

86 requirement to obtain a permit under this section based on

87 licensure under the Missouri fertilizer law, sections

88 266.291 to 266.351, only if the entity is producing products

89 that are commercially sold to an end user in accordance with

90 such sections and has accurate labeling for each container

91 that includes the information required under subsection 1 of

92 section 266.321.

93  7. Entities currently storing combined bulk

94 fertilizers in storage basins shall not be exempt from any

95 design requirements for agrichemical facilities established

96 by rule when constructing new agrichemical facilities.

97  8. (1) In order to receive an operating permit under

98 this section, any point source or operating location seeking

99 an operating permit for a commingled offsite industrial

100 wastewater or wastewater residuals open storage basin or
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101 open storage vessel shall meet current design requirements

102 for a wastewater treatment facility's design capacity.

103  (2) Except as provided in subdivision (3) of this

104 subsection, the department shall require at least, but not

105 more than, the following buffer distances between the

106 nearest commingled offsite industrial wastewater or

107 wastewater residuals open storage basin or open storage

108 vessel and any public building or occupied residence other

109 than a public building or occupied residence that is

110 operated by the commingled offsite industrial wastewater or

111 wastewater residuals open storage basin or open storage

112 vessel or a residence from which a written agreement for

113 operation is obtained:

114  (a) For a facility with a capacity of more than five

115 hundred thousand gallons but less than or equal to five

116 million gallons, one thousand feet;

117  (b) For a facility with a capacity of more than five

118 million gallons but less than or equal to ten million

119 gallons, two thousand feet; and

120  (c) For a facility with a capacity of more than ten

121 million gallons, three thousand five hundred feet.

122  (3) All commingled offsite industrial wastewater or

123 wastewater residuals open storage basins or open storage

124 vessels holding valid operating permits as of July 9, 2024,

125 shall be exempt from the buffer distances prescribed in

126 subdivision (2) of this subsection. Such distances shall

127 not apply to a facility that has received a written

128 agreement signed by all affected property owners within the

129 relevant buffer distance.

130  (4) The department shall require groundwater

131 monitoring on a site-specific basis when, in the

132 determination of the division of geological survey, the
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133 commingled offsite industrial wastewater and wastewater

134 residuals open storage basin or open storage vessel is

135 located in proximity to a geological feature that increases

136 the likelihood of groundwater contamination.

137  (5) (a) The department shall establish by rule

138 sampling requirements for commingled offsite industrial

139 wastewater and wastewater residuals open storage basins or

140 open storage vessels based on permitted materials.

141  (b) The department shall, within sixty days of July 9,

142 2024, begin the process of promulgating rules, which shall

143 include creating a chain of custody record form to be used

144 by all parties during the handling of testing samples, and,

145 at a minimum, establish criteria to require annual sampling

146 and testing of any contents of any commingled offsite

147 industrial wastewater or wastewater residuals open storage

148 basin or open storage vessel for:

149  a. The total concentrations of metals, including

150 arsenic, aluminum, barium, cadmium, chromium, copper, lead,

151 mercury, selenium, silver, and thallium; and

152  b. E. coli and fecal coliform.

153  (c) Testing under paragraph (b) of this subdivision

154 shall be done by a third-party certified laboratory and

155 results of the testing shall be sent to the department by

156 the third-party certified laboratory annually.

157  9. A governmental unit may apply to the department for

158 authorization to operate a local supervised program, and the

159 department may authorize such a program. A local supervised

160 program would recognize the governmental unit's engineering

161 capacity and ability to conduct engineering work, supervise

162 construction and maintain compliance with relevant operating

163 permit requirements.
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164  10. Before issuing any permit required by this

165 section, the director shall issue such notices, conduct such

166 hearings, and consider such factors, comments and

167 recommendations as required by sections 644.006 to 644.141

168 or any federal water pollution control act. The director

169 shall determine if any state or any provisions of any

170 federal water pollution control act the state is required to

171 enforce, any state or federal effluent limitations or

172 regulations, water quality-related effluent limitations,

173 national standards of performance, toxic and pretreatment

174 standards, or water quality standards which apply to the

175 source, or any such standards in the vicinity of the source,

176 are being exceeded, and shall determine the impact on such

177 water quality standards from the source. The director, in

178 order to effectuate the purposes of sections 644.006 to

179 644.141, shall deny a permit if the source will violate any

180 such acts, regulations, limitations or standards or will

181 appreciably affect the water quality standards or the water

182 quality standards are being substantially exceeded, unless

183 the permit is issued with such conditions as to make the

184 source comply with such requirements within an acceptable

185 time schedule.

186  11. The director shall grant or deny the permit within

187 sixty days after all requirements of the Federal Water

188 Pollution Control Act concerning issuance of permits have

189 been satisfied unless the application does not require any

190 permit pursuant to any federal water pollution control act.

191 The director or the commission may require the applicant to

192 provide and maintain such facilities or to conduct such

193 tests and monitor effluents as necessary to determine the

194 nature, extent, quantity or degree of water contaminant

195 discharged or released from the source, establish and
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196 maintain records and make reports regarding such

197 determination.

198  12. The director shall promptly notify the applicant

199 in writing of his or her action and if the permit is denied

200 state the reasons for such denial. As provided by sections

201 621.250 and 640.013, the applicant may appeal to the

202 administrative hearing commission from the denial of a

203 permit or from any condition in any permit by filing a

204 petition with the administrative hearing commission within

205 thirty days of the notice of denial or issuance of the

206 permit. After a final action is taken on a new or reissued

207 general permit, a potential applicant for the general permit

208 who can demonstrate that he or she is or may be adversely

209 affected by any permit term or condition may appeal the

210 terms and conditions of the general permit within thirty

211 days of the department's issuance of the general permit. In

212 no event shall a permit constitute permission to violate the

213 law or any standard, rule or regulation promulgated pursuant

214 thereto. Once the administrative hearing commission has

215 reviewed the appeal, the administrative hearing commission

216 shall issue a recommended decision to the commission on

217 permit issuance, denial, or any condition of the permit.

218 The commission shall issue its own decision, based on the

219 appeal, for permit issuance, denial, or any condition of the

220 permit. If the commission changes a finding of fact or

221 conclusion of law made by the administrative hearing

222 commission, or modifies or vacates the decision recommended

223 by the administrative hearing commission, it shall issue its

224 own decision, which shall include findings of fact and

225 conclusions of law. The commission shall mail copies of its

226 final decision to the parties to the appeal or their counsel

227 of record. The commission's decision shall be subject to
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228 judicial review pursuant to chapter 536, except that the

229 court of appeals district with territorial jurisdiction

230 coextensive with the county where the point source is to be

231 located shall have original jurisdiction. No judicial

232 review shall be available until and unless all

233 administrative remedies are exhausted.

234  13. In any hearing held pursuant to this section that

235 involves a permit, license, or registration, the burden of

236 proof is on the party specified in section 640.012. Any

237 decision of the commission made pursuant to a hearing held

238 pursuant to this section is subject to judicial review as

239 provided in section 644.071.

240  14. In any event, no permit issued pursuant to this

241 section shall be issued if properly objected to by the

242 federal government or any agency authorized to object

243 pursuant to any federal water pollution control act unless

244 the application does not require any permit pursuant to any

245 federal water pollution control act.

246  15. Permits may be modified, reissued, or terminated

247 at the request of the permittee. All requests shall be in

248 writing and shall contain facts or reasons supporting the

249 request.

250  16. No manufacturing or processing plant or operating

251 location shall be required to pay more than one operating

252 fee. Operating permits shall be issued for a period not to

253 exceed five years after date of issuance, except that

254 general permits shall be issued for a five-year period, and

255 also except that neither a construction nor an annual permit

256 shall be required for a single residence's waste treatment

257 facilities. Applications for renewal of a site-specific

258 operating permit shall be filed at least one hundred eighty

259 days prior to the expiration of the existing permit.
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260 Applications seeking to renew coverage under a general

261 permit shall be submitted at least thirty days prior to the

262 expiration of the general permit, unless the permittee has

263 been notified by the director that an earlier application

264 must be made. General permits may be applied for and issued

265 electronically once made available by the director.

266  17. Every permit issued to municipal or any publicly

267 owned treatment works or facility shall require the

268 permittee to provide the clean water commission with

269 adequate notice of any substantial new introductions of

270 water contaminants or pollutants into such works or facility

271 from any source for which such notice is required by

272 sections 644.006 to 644.141 or any federal water pollution

273 control act. Such permit shall also require the permittee

274 to notify the clean water commission of any substantial

275 change in volume or character of water contaminants or

276 pollutants being introduced into its treatment works or

277 facility by a source which was introducing water

278 contaminants or pollutants into its works at the time of

279 issuance of the permit. Notice must describe the quality

280 and quantity of effluent being introduced or to be

281 introduced into such works or facility by a source which was

282 introducing water contaminants or pollutants into its works

283 at the time of issuance of the permit. Notice must describe

284 the quality and quantity of effluent being introduced or to

285 be introduced into such works or facility and the

286 anticipated impact of such introduction on the quality or

287 quantity of effluent to be released from such works or

288 facility into waters of the state.

289  18. The director or the commission may require the

290 filing or posting of a bond as a condition for the issuance

291 of permits for construction of temporary or future water
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292 treatment facilities or facilities that utilize innovative

293 technology for wastewater treatment in an amount determined

294 by the commission to be sufficient to ensure compliance with

295 all provisions of sections 644.006 to 644.141, and any rules

296 or regulations of the commission and any condition as to

297 such construction in the permit. For the purposes of this

298 section, "innovative technology for wastewater treatment"

299 shall mean a completely new and generally unproven

300 technology in the type or method of its application that

301 bench testing or theory suggest has environmental,

302 efficiency, and cost benefits beyond the standard

303 technologies. No bond shall be required for designs

304 approved by any federal agency or environmental regulatory

305 agency of another state. The bond shall be signed by the

306 applicant as principal, and by a corporate surety licensed

307 to do business in the state of Missouri and approved by the

308 commission. The bond shall remain in effect until the terms

309 and conditions of the permit are met and the provisions of

310 sections 644.006 to 644.141 and rules and regulations

311 promulgated pursuant thereto are complied with.

312  19. (1) The department shall issue or deny

313 applications for construction and site-specific operating

314 permits received after January 1, 2001, within one hundred

315 eighty days of the department's receipt of an application.

316 For general construction and operating permit applications

317 received after January 1, 2001, that do not require a public

318 participation process, the department shall issue or deny

319 the permits within sixty days of the department's receipt of

320 an application. For an application seeking coverage under a

321 renewed general permit that does not require an individual

322 public participation process, the director shall issue or

323 deny the permit within sixty days of the director's receipt
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324 of the application, or upon issuance of the general permit,

325 whichever is later. In regard to an application seeking

326 coverage under an initial general permit that does not

327 require an individual public participation process, the

328 director shall issue or deny the permit within sixty days of

329 the department's receipt of the application. For an

330 application seeking coverage under a renewed general permit

331 that requires an individual public participation process,

332 the director shall issue or deny the permit within ninety

333 days of the director's receipt of the application, or upon

334 issuance of the general permit, whichever is later. In

335 regard to an application for an initial general permit that

336 requires an individual public participation process, the

337 director shall issue or deny the permit within ninety days

338 of the director's receipt of the application.

339  (2) If the department fails to issue or deny with good

340 cause a construction or operating permit application within

341 the time frames established in subdivision (1) of this

342 subsection, the department shall refund the full amount of

343 the initial application fee within forty-five days of

344 failure to meet the established time frame. If the

345 department fails to refund the application fee within forty-

346 five days, the refund amount shall accrue interest at a rate

347 established pursuant to section 32.065.

348  (3) Permit fee disputes may be appealed to the

349 commission within thirty days of the date established in

350 subdivision (2) of this subsection. If the applicant

351 prevails in a permit fee dispute appealed to the commission,

352 the commission may order the director to refund the

353 applicant's permit fee plus interest and reasonable

354 attorney's fees as provided in sections 536.085 and

355 536.087. A refund of the initial application or annual fee
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356 does not waive the applicant's responsibility to pay any

357 annual fees due each year following issuance of a permit.

358  (4) No later than December 31, 2001, the commission

359 shall promulgate regulations defining shorter review time

360 periods than the time frames established in subdivision (1)

361 of this subsection, when appropriate, for different classes

362 of construction and operating permits. In no case shall

363 commission regulations adopt permit review times that exceed

364 the time frames established in subdivision (1) of this

365 subsection. The department's failure to comply with the

366 commission's permit review time periods shall result in a

367 refund of said permit fees as set forth in subdivision (2)

368 of this subsection. On a semiannual basis, the department

369 shall submit to the commission a report which describes the

370 different classes of permits and reports on the number of

371 days it took the department to issue each permit from the

372 date of receipt of the application and show averages for

373 each different class of permits.

374  (5) During the department's technical review of the

375 application, the department may request the applicant submit

376 supplemental or additional information necessary for

377 adequate permit review. The department's technical review

378 letter shall contain a sufficient description of the type of

379 additional information needed to comply with the application

380 requirements.

381  (6) Nothing in this subsection shall be interpreted to

382 mean that inaction on a permit application shall be grounds

383 to violate any provisions of sections 644.006 to 644.141 or

384 any rules promulgated pursuant to sections 644.006 to

385 644.141.

386  20. The department shall respond to all requests for

387 individual certification under Section 401 of the Federal
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388 Clean Water Act within the lesser of sixty days or the

389 allowed response period established pursuant to applicable

390 federal regulations without request for an extension period

391 unless such extension is determined by the commission to be

392 necessary to evaluate significant impacts on water quality

393 standards and the commission establishes a timetable for

394 completion of such evaluation in a period of no more than

395 one hundred eighty days.

396  21. All permit fees generated pursuant to this chapter

397 shall not be used for the development or expansion of total

398 maximum daily loads studies on either the Missouri or

399 Mississippi rivers.

400  22. The department shall implement permit shield

401 provisions equivalent to the permit shield provisions

402 implemented by the U.S. Environmental Protection Agency

403 pursuant to the Clean Water Act, Section 402(k), 33 U.S.C.

404 Section 1342(k), and its implementing regulations, for

405 permits issued pursuant to this chapter.

406  23. Prior to the development of a new general permit

407 or reissuance of a general permit for aquaculture, land

408 disturbance requiring a storm water permit, or reissuance of

409 a general permit under which fifty or more permits were

410 issued under a general permit during the immediately

411 preceding five-year period for a designated category of

412 water contaminant sources, the director shall implement a

413 public participation process complying with the following

414 minimum requirements:

415  (1) For a new general permit or reissuance of a

416 general permit, a general permit template shall be developed

417 for which comments shall be sought from permittees and other

418 interested persons prior to issuance of the general permit;
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419  (2) The director shall publish notice of his intent to

420 issue a new general permit or reissue a general permit by

421 posting notice on the department's website at least one

422 hundred eighty days before the proposed effective date of

423 the general permit;

424  (3) The director shall hold a public informational

425 meeting to provide information on anticipated permit

426 conditions and requirements and to receive informal comments

427 from permittees and other interested persons. The director

428 shall include notice of the public informational meeting

429 with the notice of intent to issue a new general permit or

430 reissue a general permit under subdivision (2) of this

431 subsection. The notice of the public informational meeting,

432 including the date, time and location, shall be posted on

433 the department's website at least thirty days in advance of

434 the public meeting. If the meeting is being held for

435 reissuance of a general permit, notice shall also be made by

436 electronic mail to all permittees holding the current

437 general permit which is expiring. Notice to current

438 permittees shall be made at least twenty days prior to the

439 public meeting;

440  (4) The director shall hold a thirty-day public

441 comment period to receive comments on the general permit

442 template with the thirty-day comment period expiring at

443 least sixty days prior to the effective date of the general

444 permit. Scanned copies of the comments received during the

445 public comment period shall be posted on the department's

446 website within five business days after close of the public

447 comment period;

448  (5) A revised draft of a general permit template and

449 the director's response to comments submitted during the

450 public comment period shall be posted on the department's
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451 website at least forty-five days prior to issuance of the

452 general permit. At least forty-five days prior to issuance

453 of the general permit the department shall notify all

454 persons who submitted comments to the department that these

455 documents have been posted to the department's website;

456  (6) Upon issuance of a new or renewed general permit,

457 the general permit shall be posted to the department's

458 website.

459  24. Notices required to be made by the department

460 pursuant to subsection 23 of this section may be made by

461 electronic mail. The department shall not be required to

462 make notice to any permittee or other person who has not

463 provided a current electronic mail address to the

464 department. In the event the department chooses to make

465 material modifications to the general permit before its

466 expiration, the department shall follow the public

467 participation process described in subsection 23 of this

468 section.

1    644.059. Agricultural nonpoint sources and

2 agricultural storm water discharges and return flows from

3 irrigated agriculture shall be exempt from permitting

4 requirements set forth in sections 644.006 to 644.141.

5 Agricultural nonpoint sources and agricultural storm water

6 discharges and return flows from irrigated agriculture shall

7 not be considered unlawful under subdivisions (1) and (2) of

8 subsection 1 of section 644.051 unless such nonpoint sources

9 and agricultural discharges or return flows have entered

10 waters of the state and have rendered such waters harmful,

11 detrimental, or injurious to public health, safety, or

12 welfare, or to industrial or agricultural uses, or to wild

13 animals, birds, or fish. For the purposes of this section,

14 agricultural nonpoint sources and agricultural storm water
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15 discharges and return flows from irrigated agriculture shall

16 include storm water and snow melt runoff, drainage, and

17 infiltration, including water that leaves land as a result

18 of the application of irrigation water, both surface and

19 subsurface, from standard farming industry practices. This

20 shall include but not be limited to cultivation and tillage

21 of soil, and production, growing, raising, and harvesting of

22 agricultural commodities and livestock. Nothing in this

23 section shall be construed to effect, limit, or supersede

24 sections 640.700 to 640.755 or any other law or regulation

25 of concentrated animal feeding operations.

1   644.083. 1. Notwithstanding any provision of law to

2 the contrary, a person who has contracted for the right to

3 store water in a reservoir owned by the United States Army

4 Corps of Engineers shall have exclusive rights to any return

5 flows generated directly or indirectly to that reservoir by

6 the person. The rights under this section shall be subject

7 to regulatory requirements imposed by the state and to the

8 availability to the person of unused storage capacity within

9 the reservoir to store such return flows.

10  2. For purposes of this section, "return flow" means

11 water that is discharged directly or indirectly to a

12 reservoir from a water reclamation facility.

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