SCS/SB 225 - Currently, when certain permits or licenses are issued, renewed, denied, suspended, or revoked by the Department of Natural Resources, the decision is often appealable to the commission with appropriate jurisdiction within the Department, including the Hazardous Waste Management Commission, the Safe Drinking Water Commission, the Air Conservation Commission, the Clean Water Commission, and the Missouri Mining Commission. Under this act, when certain permits or licenses are issued, renewed, denied, suspended, or revoked by the Department, any aggrieved party may appeal such decision by filing a petition with the Administrative Hearing Commission within 30 days. The Administrative Hearing Commission may consider certain factors regarding permit decisions for mining as set forth in this act. Under this act, the Administrative Hearing Commission would then issue a recommended decision to the commission with appropriate jurisdiction within the Department regarding the permit or license. The commission with appropriate jurisdiction shall then issue the final decision, and such decision shall be subject to judicial review except the Administrative Hearing Commission shall issue the final decision for all permits relating to solid waste. Currently, the Director of the Department of Natural Resources is required to order an abatement, file an abatement complaint with the Clean Water Commission, or file a complaint to revoke a permit when a violation of the Missouri Clean Water Law has failed to be corrected. Under this act, the Director may also request legal action by the Attorney General.
These provisions are substantially similar to provisions contained in SS/HB 92 (2015) and HCS/SS/SB 476 (2015).
KAYLA CRIDER