SECOND REGULAR SESSION

SENATE BILL NO. 983

90TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR GOODE.

Read 1st time February 8, 2000, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

3853S.01I


AN ACT

To repeal sections 640.220, 644.016, 644.021, 644.036, 644.052, 644.053, 644.054, 644.056, 644.061, 644.066, 644.071 and 644.076, RSMo 1994, and sections 644.026 and 644.051, RSMo Supp. 1999, relating to clean water, and to enact in lieu thereof fourteen new sections relating to the same subject.


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

Section A.  Sections 640.220, 644.016, 644.021, 644.036, 644.052, 644.053, 644.054, 644.056, 644.061, 644.066, 644.071 and 644.076, RSMo 1994, and sections 644.026 and 644.051, RSMo Supp. 1999, are repealed and fourteen new sections enacted in lieu thereof, to be known as sections 640.220, 644.016, 644.021, 644.026, 644.036, 644.051, 644.052, 644.053, 644.054, 644.056, 644.061, 644.066, 644.071 and 644.076 to read as follows:

640.220.  1.  For the purpose of protecting the air, water and land resources of the state, there is hereby created in the state treasury a fund to be known as the "Natural Resources Protection Fund".  All funds received from air pollution permit fees, gifts, bequests, donations, or any other moneys so designated shall be [paid] collected by the director of the department of natural resources, and transmitted to the director of revenue and deposited in the state treasury to the credit of an appropriate subaccount of the natural resources protection fund and shall be used for the purposes specified by law.  The air pollution permit fee revenues shall be deposited in an appropriate subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the general administration of section 643.075, RSMo.  The water pollution permit fee revenues generated through sections 644.052 [and], 644.053, 644.054 and 644.061, RSMo, shall be [paid] collected by the director of the department of natural resources and transmitted to the director of the department of revenue and deposited to the credit of the water pollution permit fee subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the administration of sections 644.006 to 644.141, RSMo.

2.  [Effective July 1, 1991, the provisions of section 33.080, RSMo, to the contrary notwithstanding, any unexpended balance in the subaccounts of the natural resources protection fund that exceeds the preceding biennium's collections shall revert to the general revenue fund of the state at the end of each biennium.] All interest earned on the natural resources protection funds shall accrue to appropriate subaccounts.

644.016.  When used in sections 644.006 to 644.141 and in standards, rules and regulations promulgated [under authority of] pursuant to sections 644.006 to 644.141, the following words and phrases mean:

(1)  "Commission", the clean water commission of the state of Missouri created in section 644.021;

(2)  "Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator.  The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department.  During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

(3)  "Department", the department of natural resourses;

(4)  "Director", the director of the department of natural resources or his designee;

[(2)]  (5)  "Discharge", the causing or permitting of one or more water contaminants to enter the waters of the state;

[(3)]  (6)  "Effluent control regulations", limitations on the discharge of water contaminants;

(7)  "General permit", a permit written with a standard group of conditions and with applicability intended for a designated category of water contaminant sources that have the same or similar operations, discharges and geographical locations, and that require the same or similar monitoring, and that would be more appropriately controlled pursuant to a general permit rather than pursuant to a site-specific permit;

(8)  "Human sewage", human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste and other similar waste from household or establishment appurtenances;

[(4)]  (9)  "Income" includes retirement benefits, consultant fees, and stock dividends;

[(5)]  (10)  "Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

(11)  "Permit by rule", a permit which is granted by rule, not by a paper certificate, and which is conditioned by the permit holder's compliance with commission rule;

[(6)]  (12)  "Permit holders or applicants for a permit" shall not include officials or employees who work full time for any department or agency of the state of Missouri;

[(7)]  (13)  "Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;

[(8)]  (14)  "Point source", any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged;

[(9)]  (15)  "Pollution", such contamination or other alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is reasonably certain to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, industrial, agricultural, recreational, or other legitimate beneficial uses, or to wild animals, birds, fish or other aquatic life;

[(10)]  (16)  "Pretreatment regulations", limitations on the introduction of pollutants or water contaminants into publicly owned treatment works or facilities which the commission determines are not susceptible to treatment by such works or facilities or which would interfere with their operation, except that wastes as determined compatible for treatment [under] pursuant to any federal water pollution control act or guidelines shall be limited or treated hereunder only as required by such act or guidelines;

(17)  "Residential housing development", any land which is divided or proposed to be divided into three or more lots, whether contiguous or not, for the purpose of sale or lease as part of a common promotional plan for residential housing;

[(11)]  (18)  "Sewer system", pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or handling;

[(12)]  (19)  "Significant portion of his or her income" shall mean ten percent of gross personal income for a calendar year, except that it shall mean fifty percent of gross personal income for a calendar year if the recipient is over sixty years of age, and is receiving such portion pursuant to retirement, pension, or similar arrangement;

(20)  "Site-specific permit", a permit written for discharges emitted from a single water contaminant source and containing specific conditions, monitoring requirements and effluent limits to control such discharges;

[(13)]  (21)  "Treatment facilities", any method, process, or equipment which removes, reduces, or renders less obnoxious water contaminants released from any source;

[(14)]  (22)  "Water contaminant", any particulate matter or solid matter or liquid or any gas or vapor or any combination thereof, or any temperature change which is in or enters any waters of the state either directly or indirectly by surface runoff, by sewer, by subsurface seepage or otherwise, which causes or would cause pollution upon entering waters of the state, or which violates or exceeds any of the standards, regulations or limitations set forth in sections 644.006 to 644.141 or any federal water pollution control act, or is included in the definition of pollutant in such federal act;

[(15)]  (23)  "Water contaminant source", the point or points of discharge from a single tract of property on which is located any installation, operation or condition which includes any point source defined in sections 644.006 to 644.141 and nonpoint source [under] pursuant to any federal water pollution control act, which causes or permits a water contaminant therefrom to enter waters of the state either directly or indirectly;

[(16)]  (24)  "Water quality standards", specified concentrations and durations of water contaminants which reflect the relationship of the intensity and composition of water contaminants to potential undesirable effects;

[(17)]  (25)  "Waters of the state", all rivers, streams, lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned, leased or otherwise controlled by a single person or by two or more persons jointly or as tenants in common and includes waters of the United States lying within the state.

644.021.  1.  There is hereby created a water contaminant control agency to be known as the "Clean Water Commission of the State of Missouri", whose domicile for the purposes of sections 644.006 to 644.141 shall be deemed to be that of the department of natural resources.  The commission shall consist of six members appointed by the governor with the advice and consent of the senate.  No more than three of the members shall belong to the same political party.  All members shall be representative of the general interest of the public and shall have an interest in and knowledge of conservation and the effects and control of water contaminants.  Two such members, but no more than two, shall be knowledgeable concerning the needs of agriculture, industry or mining and interested in protecting these needs in a manner consistent with the purposes of sections 644.006 to 644.141.  No member shall receive, or have received during the previous two years, a significant portion of his income directly or indirectly from permit holders or applicants for a permit under any federal water pollution control act as amended and as applicable to this state.  At the first meeting of the commission and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman.

2.  The members' terms of office shall be four years and until their successors are selected and qualified.  Provided, however, that the first three members appointed shall serve a term of two years, the next three members appointed shall serve a term of four years, thereafter all members appointed shall serve a term of four years.  There is no limitation on the number of terms any appointed member may serve.  If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy.  The governor may remove any appointed member for cause.  The members of the commission shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties.

3.  The commission shall hold at least four regular meetings each year and such additional meetings as the chairman deems desirable at a place and time to be fixed by the chairman.  Special meetings may be called by three members of the commission upon delivery of written notice to each member of the commission.  Reasonable written notice of all meetings shall be given by the [executive secretary] director to all members of the commission.  Four members of the commission shall constitute a quorum.  All powers and duties conferred specifically upon members of the commission shall be exercised personally by the members and not by alternates or representatives.  All actions of the commission shall be taken at meetings open to the public.  Any member absent from six consecutive regular commission meetings for any cause whatsoever shall be deemed to have resigned and the vacancy shall be filled immediately in accordance with subsection 1 of this section.

[4.  The commission shall appoint an executive secretary who shall act as its administrative agent and whose powers shall be limited to those necessary under sections 644.006 to 644.141 or any federal water pollution control act, and he shall be qualified, by education, training, and experience, in technical matters in water contaminant control.]

644.026.  1.  The commission shall:

(1)  Exercise general supervision of the administration and enforcement of sections 644.006 to 644.141 and all rules and regulations and orders promulgated thereunder;

(2)  Develop comprehensive plans and programs for the prevention, control and abatement of new or existing pollution of the waters of the state;

(3)  Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions and industries in furtherance of the purposes of sections 644.006 to 644.141;

(4)  Accept gifts, contributions, donations, loans and grants from the federal government and from other sources, public or private, for carrying out any of its functions, which funds shall not be expended for other than the purposes for which provided;

(5)  Encourage, participate in, or conduct studies, investigations, and research and demonstrations relating to water pollution and causes, prevention, control and abatement thereof as it may deem advisable and necessary for the discharge of its duties [under] pursuant to sections 644.006 to 644.141;

(6)  Collect and disseminate information relating to water pollution and the prevention, control and abatement thereof;

(7)  After holding public hearings, identify waters of the state and prescribe water quality standards for them, giving due recognition to variations, if any, and the characteristics of different waters of the state which may be deemed by the commission to be relevant insofar as possible [under] pursuant to any federal water pollution control act.  These shall be reevaluated and modified as required by any federal water pollution control act;

(8)  Adopt, amend, promulgate, or repeal after due notice and hearing, rules and regulations to enforce, implement, and effectuate the powers and duties of sections 644.006 to 644.141 and any required of this state by any federal water pollution control act, and as the commission may deem necessary to prevent, control and abate existing or potential pollution;

(9)  Issue, modify or revoke orders prohibiting or abating discharges of water contaminants into the waters of the state or adopting other remedial measures to prevent, control or abate pollution;

(10)  Administer state and federal grants and loans to municipalities and political subdivisions for the planning and construction of sewage treatment works;

(11)  Hold such hearings, issue such notices of hearings and subpoenas requiring the attendance of such witnesses and the production of such evidence, administer such oaths, and take such testimony as the commission deems necessary or as required by any federal water pollution control act.  Any of these powers may be exercised on behalf of the commission by any members thereof or a hearing officer designated by it;

(12)  Require the prior submission of plans and specifications, or other data including the quantity and types of water contaminants, and inspect the construction of treatment facilities and sewer systems or any part thereof in connection with the issuance of such permits or approval as are required by sections 644.006 to 644.141;

(13)  Issue, continue in effect, revoke, modify or deny, under such conditions as it may prescribe, to prevent, control or abate pollution or any violations of sections 644.006 to 644.141 or any federal water pollution control act, permits for the discharge of water contaminants into the waters of this state, and for the installation, modification or operation of treatment facilities, sewer systems or any parts thereof.  Such permit conditions, in addition to all other requirements of this subdivision, shall ensure compliance with all effluent regulations or limitations, water quality related effluent limitations, national standards of performance and toxic and pretreatment effluent standards, and all requirements and time schedules thereunder as established by sections 644.006 to 644.141 and any federal water pollution control act; however, no permit shall be required of any person for any emission into publicly owned treatment facilities or into publicly owned sewer systems tributary to publicly owned treatment works;

(14)  Require proper maintenance and operation of treatment facilities and sewer systems and proper disposal of residual waste from all such facilities and systems;

(15)  Exercise all incidental powers necessary to carry out the purposes of sections 644.006 to 644.141, assure that the state of Missouri complies with any federal water pollution control act, retains maximum control thereunder and receives all desired federal grants, aid and benefits;

(16)  Establish effluent and pretreatment and toxic material control regulations to further the purposes of sections 644.006 to 644.141 and as required to ensure compliance with all effluent limitations, water quality related effluent limitations, national standards of performance and toxic and pretreatment effluent standards, and all requirements and any time schedules thereunder, as established by any federal water pollution control act for point sources in this state, and where necessary to prevent violation of water quality standards of this state;

(17)  Prohibit all discharges of radiological, chemical, or biological warfare agent or high-level radioactive waste into waters of this state;

(18)  Require that all publicly owned treatment works or facilities which receive or have received grants or loans from the state or the federal government for construction or improvement make all charges required by sections 644.006 to 644.141 or any federal water pollution control act for use and recovery of capital costs, and the operating authority for such works or facility is hereby authorized to make any such charges;

(19)  Represent the state of Missouri in all matters pertaining to interstate water pollution including the negotiation of interstate compacts or agreements;

(20)  Develop such facts and make such investigations as are consistent with the purposes of sections 644.006 to 644.141, and, in connection therewith, to enter or authorize any representative of the commission to enter at all reasonable times and upon reasonable notice in or upon any private or public property for any purpose required by any federal water pollution control act or sections 644.006 to 644.141 for the purpose of developing rules, regulations, limitations, standards, or permit conditions, or inspecting or investigating any records required to be kept by sections 644.006 to 644.141 or any permit issued [hereunder] pursuant to sections 644.006 to 644.141, any condition which the commission or [executive secretary] director has probable cause to believe to be a water contaminant source or the site of any suspected violation of sections 644.006 to 644.141, regulations, standards, or limitations, or permits issued [hereunder] pursuant to sections 644.006 to 644.141.  The results of any such investigation shall be reduced to writing, and shall be furnished to the owner or operator of the property.  No person shall refuse entry or access, requested for the purposes of inspection [under] pursuant to this provision, to an authorized representative in carrying out the inspection.  A suitably restricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any judge or associate circuit judge having jurisdiction to any representative for the purpose of enabling him or her to make such inspection.  Information obtained [under] pursuant to this section shall be available to the public unless it constitutes trade secrets or confidential information, other than effluent data, of the person from whom it is obtained, except when disclosure is required [under] pursuant to any federal water pollution control act;

(21)  Retain, employ, provide for, and compensate, within appropriations available therefor, such consultants, assistants, deputies, clerks and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 644.006 to 644.141 and prescribe the times at which they shall be appointed and their powers and duties;

(22)  Secure necessary scientific, technical, administrative and operation services, including laboratory facilities, by contract or otherwise, with any educational institution, experiment station, or any board, department, or other agency of any political subdivision of the state or the federal government;

(23)  Require persons owning or engaged in operations which do or could discharge water contaminants, or introduce water contaminants or pollutants of a quality and quantity to be established by the commission, into any publicly owned treatment works or facility, to provide and maintain any facilities and conduct any tests and monitoring necessary to establish and maintain records and to file reports containing information relating to measures to prevent, lessen or render any discharge less harmful or relating to rate, period, composition, temperature, and quality and quantity of the effluent, and any other information required by any federal water pollution control act or the [executive secretary] director hereunder, and to make them public, except as provided in subdivision (20) of this section.  The commission shall develop and adopt such procedures for inspection, investigation, testing, sampling, monitoring and entry respecting water contaminant and point sources as may be required for approval of such a program [under] pursuant to any federal water pollution control act;

(24)  Take any action necessary to implement continuing planning processes and areawide waste treatment management as established [under] pursuant to any federal water pollution control act or sections 644.006 to 644.141;

(25)  Establish permits by rule.  Such permits shall only be available for those facilities or classes of facilities which pose a minimal threat to public health or the environment and which are in compliance with commission water quality standards, rules, effluent rules or rules establishing permits by rule.  Such permits by rule shall have the same legal standing as other permits issued pursuant to this chapter.  Nothing in this section shall prohibit the department from requiring a site specific or general permit for an individual facility.

2.  No rule or portion of a rule promulgated [under the authority of] pursuant to this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

644.036.  1.  No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held after thirty days' prior notice by advertisement of the date, time and place of the hearing and opportunity given to the public to be heard.  Notice of the hearings and copies of the proposed standard, rule or regulation or any amendment or repeal thereof shall also be given by regular mail, at least thirty days prior to the scheduled date of the hearing, to any person who has registered with the [executive secretary] director for the purpose of receiving notice of such public hearings in accordance with the procedures prescribed by the commission at least forty-five days prior to the scheduled date of the hearing.  However, this provision shall not preclude necessary changes during this thirty-day period.

2.  At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the [executive secretary] director, not later than seven days prior to the hearing, and may be afforded to other persons if convenient.  In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views.  The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulations, or standards.  Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.

3.  Any standard, rule or regulation or amendment or repeal thereof shall not be deemed adopted or in force and effect until it has been approved in writing by at least four members of the commission.  A standard, rule or regulation or an amendment or repeal thereof shall not become effective until a certified copy thereof has been filed with the secretary of state as provided in chapter 536, RSMo.

4.  Unless prohibited by any federal water pollution control act, any standard, rule or regulation or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions as between particular types and conditions of water quality standards or of water contaminants, as between particular classes of water contaminant sources, and as between particular waters of the state.

644.051.  1.  It is unlawful for any person

(1)  To cause pollution of any waters of the state or to place or cause or permit to be placed any water contaminant in a location where it is reasonably certain to cause pollution of any waters of the state;

(2)  To discharge any water contaminants into any waters of the state which reduce the quality of such waters below the water quality standards established by the commission [if not subject to effluent regulations adopted pursuant to sections 644.006 to 644.141];

(3)  To violate any pretreatment and toxic material control regulations, or to discharge any water contaminants into any waters of the state which exceed effluent regulations or permit provisions as established by the commission or required by any federal water pollution control act;

(4)  To discharge any radiological, chemical, or biological warfare agent or high-level radioactive waste into the waters of the state.

2.  It shall be unlawful for any person to build, erect, alter, replace, operate, use or maintain any water contaminant or point source in this state that is subject to standards, rules or regulations promulgated pursuant to the provisions of sections 644.006 to 644.141 unless such person holds a permit from the commission, subject to such exceptions as the commission may prescribe by rule or regulation.  However, no permit shall be required of any person for any emission into publicly owned treatment facilities or into publicly owned sewer systems tributary to publicly owned treatment works.

3.  Every proposed water contaminant or point source which, when constructed or installed or established, will be subject to any federal water pollution control act or sections 644.006 to 644.141 or regulations promulgated pursuant to the provisions of such act shall make application to the [executive secretary] director for a permit at least thirty days prior to the initiation of construction or installation or establishment.  Every water contaminant or point source in existence when regulations or sections 644.006 to 644.141 become effective shall make application to the [executive secretary] director for a permit within sixty days after the regulations or sections 644.006 to 644.141 become effective, whichever shall be earlier.  The [executive secretary] director shall promptly investigate each application, which investigation shall include such hearings and notice, and consideration of such comments and recommendations as required by sections 644.006 to 644.141 and any federal water pollution control act.  If the [executive secretary] director determines that the source meets or will meet the requirements of sections 644.006 to 644.141 and the regulations promulgated pursuant thereto, the [executive secretary] director shall issue a permit with such conditions as he or she deems necessary to ensure that the source will meet the requirements of sections 644.006 to 644.141 and any federal water pollution control act as it applies to sources in this state.  If the [executive secretary] director determines that the source does not meet or will not meet the requirements of either act and the regulations pursuant thereto, the [executive secretary] director shall deny the permit pursuant to the applicable act and issue any notices required by sections 644.006 to 644.141 and any federal water pollution control act.

4.  Before issuing a permit to build or enlarge a water contaminant or point source or reissuing any permit, the [executive secretary] director shall issue such notices, conduct such hearings, and consider such factors, comments and recommendations as required by sections 644.006 to 644.141 or any federal water pollution control act.  The [executive secretary] director shall determine if any state or any provisions of any federal water pollution control act the state is required to enforce, any state or federal effluent limitations or regulations, water quality-related effluent limitations, national standards of performance, toxic and pretreatment standards, or water quality standards which apply to the source, or any such standards in the vicinity of the source, are being exceeded, and shall determine the impact on such water quality standards from the source.  The [executive secretary] director, in order to effectuate the purposes of sections 644.006 to 644.141, shall deny a permit if the source will violate any such acts, regulations, limitations or standards or will appreciably affect the water quality standards or the water quality standards are being substantially exceeded, unless the permit is issued with such conditions as to make the source comply with such requirements within an acceptable time schedule.

5.  The [executive secretary] director shall grant or deny the permit within sixty days after all requirements of the Federal Water Pollution Control Act concerning issuance of permits have been satisfied unless the application does not require any permit pursuant to any federal water pollution control act.  The [executive secretary] director or the commission may require the applicant to provide and maintain such facilities or to conduct such tests and monitor effluents as necessary to determine the nature, extent, quantity or degree of water contaminant discharged or released from the source, establish and maintain records and make reports regarding such determination.

6.  The [executive secretary] director shall promptly notify the applicant [or other affected party] in writing of his or her action and if the permit is denied state the reasons therefor.  The applicant may appeal to the commission from the denial of a permit or from any condition in any permit by filing notice of appeal with the commission within thirty days of the notice of denial or issuance of the permit.  The commission shall set the matter for hearing not less than thirty days after the notice of appeal is filed.  In no event shall a permit constitute permission to violate the law or any standard, rule or regulation promulgated pursuant thereto.

7.  In any hearing held pursuant to this section the burden of proof is on the applicant for a permit.  Any decision of the commission made pursuant to a hearing held pursuant to this section is subject to judicial review as provided in section 644.071.

8.  In any event, no permit hereunder shall be issued if properly objected to by the federal government or any agency authorized to object pursuant to any federal water pollution control act unless the application does not require any permit pursuant to any federal water pollution control act.

9.  No manufacturing or processing plant or operating location shall be required to pay more than one operating fee.  Operating permits shall be issued for a period not to exceed five years after date of issuance, except that general permits shall be issued for a five-year period, and also except that neither a construction nor an annual permit shall be required for a single residence's waste treatment facilities.  All moneys remaining in the Missouri clean water fund on August 28, 1990, shall be transferred to the water pollution permit fee subaccount of the natural resources protection fund.  Applications for renewal of an operating permit shall be filed at least one hundred eighty days prior to the expiration of the existing permit.

10.  Every permit issued to municipal or any publicly owned treatment works or facility shall require the permittee to provide the clean water commission with adequate notice of any substantial new introductions of water contaminants or pollutants into such works or facility from any source for which such notice is required by sections 644.006 to 644.141 or any federal water pollution control act.  Such permit shall also require the permittee to notify the clean water commission of any substantial change in volume or character of water contaminants or pollutants being introduced into its treatment works or facility by a source which was introducing water contaminants or pollutants into its works at the time of issuance of the permit.  Notice must describe the quality and quantity of effluent being introduced or to be introduced into such works or facility by a source which was introducing water contaminants or pollutants into its works at the time of issuance of the permit.  Notice must describe the quality and quantity of effluent being introduced or to be introduced into such works or facility and the anticipated impact of such introduction on the quality or quantity of effluent to be released from such works or facility into waters of the state.

11.  The [executive secretary] director or the commission may require the filing or posting of a bond as a condition for the issuance of permits for construction of temporary or future water treatment facilities in an amount determined by the commission to be sufficient to ensure compliance with all provisions of sections 644.006 to 644.141, and any rules or regulations of the commission and any condition as to such construction in the permit.  The bond shall be signed by the applicant as principal, and by a corporate surety licensed to do business in the state of Missouri and approved by the commission.  The bond shall remain in effect until the terms and conditions of the permit are met and the provisions of sections 644.006 to 644.141 and rules and regulations promulgated pursuant thereto are complied with.

644.052.  1.  Persons with operating permits or permits by rule issued pursuant to this chapter shall pay [a permit fee as provided in this section.  For the purposes of this section "population equivalent" is a measure used in the design and comparison of sewage treatment plants which represents the number of people who could be expected to contribute any specific amount of waste water.  A city or publicly owned treatment works or a sewer district shall annually pay a fee as established in subsection 2 of this section but such fee shall be at least one and one-half cents per population equivalent and not more than ten cents per population equivalent; provided, however, that such fee shall not be less than fifteen dollars annually.] a fee pursuant to subsections 2 to 8 of this section.  Any person with a sewer service connection to public sewer systems owned or operated by a city, public sewer district, public water district or other publicly owned treatment works shall pay a permit fee pursuant to subsection 10 of this section.

2.  A [city or publicly owned treatment works, a] privately owned treatment works[,] or an industry which treats only [domestic] human sewage [as defined in section 701.025, RSMo, or a sewer district] shall annually [collect and pay:

(1)  Fifteen dollars if the design flow is less than five thousand gallons per day;

(2)  Fifty dollars if the design flow is equal to or greater than five thousand gallons per day but less than two hundred fifty thousand gallons per day;

(3)  Five hundred dollars if the design flow is equal to or greater than two hundred fifty thousand gallons per day but less than five hundred thousand gallons per day;

(4)  One thousand dollars if the design flow is equal to or greater than five hundred thousand gallons per day but less than seven hundred fifty thousand gallons per day;

(5)  One thousand five hundred dollars if the design flow is equal to or greater than seven hundred fifty thousand gallons per day but less than one million gallons per day;

(6)  Two thousand five hundred dollars if the design flow is equal to or greater than one million gallons per day but less than five million gallons per day; or

(7)  Three thousand dollars if the design flow is equal to or greater than five million gallons per day.

3.  In addition to the fees required in subsection 2 of this section, a city or publicly owned treatment works, a privately owned treatment works or a sewer district which operates an approved pretreatment program shall annually collect and pay:

(1)  Three thousand dollars if the combined design flow is less than five million gallons per day; or

(2)  Six thousand dollars if the combined design flow is equal to or greater than five million gallons per day.] pay a fee based upon the design flow of the facility expressed in gallons per day (gpd) of flow as provided in this subsection:

(1)  One hundred dollars if the design flow is less than five thousand gallons per day;

(2)  One hundred fifty dollars if the design flow is equal to or greater than five thousand gallons per day but less than six thousand gallons per day;

(3)  One hundred seventy-five dollars if the design flow is equal to or greater than six thousand gallons per day but less than seven thousand gallons per day;

(4)  Two hundred dollars if the design flow is equal to or greater than seven hundred thousand gallons per day but less than eight thousand gallons per day;

(5)  Two hundred twenty-five dollars if the design flow is equal to or greater than eight thousand gallons per day but less than nine thousand gallons per day;

(6)  Two hundred fifty dollars if the design flow is equal to or greater than nine thousand gallons per day but less than ten thousand gallons per day;

(7)  Three hundred seventy-five dollars if the design flow is equal to or greater than ten thousand gallons per day but less than eleven thousand gallons per day;

(8)  Four hundred dollars if the design flow is equal to or greater than eleven thousand gallons per day but less than twelve thousand gallons per day;

(9)  Four hundred fifty dollars if the design flow is equal to or greater than twelve thousand gallons per day but less than thirteen thousand gallons per day;

(10)  Five hundred dollars if the design flow is equal to or greater than thirteen thousand gallons per day but less than fourteen thousand gallons per day;

(11)  Five hundred fifty dollars if the design flow is equal to or greater than fourteen thousand gallons per day but less than fifteen thousand gallons per day;

(12)  Six hundred dollars if the design flow is equal to or greater than fifteen thousand gallons per day but less than sixteen thousand gallons per day;

(13)  Six hundred fifty dollars if the design flow is equal to or greater than sixteen thousand gallons per day but less than seventeen thousand gallons per day;

(14)  Eight hundred dollars if the design flow is equal to or greater than seventeen thousand gallons per day but less than twenty thousand gallons per day;

(15)  One thousand dollars if the design flow is equal to or greater than twenty thousand gallons per day but less than twenty-three thousand gallons per day;

(16)  Two thousand dollars if the design flow is equal to or greater than twenty-three thousand gallons per day but less than twenty-five thousand gallons per day;

(17)  Two thousand five hundred dollars if the design flow is equal to or greater than twenty-five thousand gallons per day but less than thirty thousand gallons per day;

(18)  Three thousand dollars if the design flow is equal to or greater than thirty thousand gallons per day but less than one million gallons per day; or

(19)  Three thousand five hundred dollars if the design flow is equal to or greater than one million gallons per day.

[4.]  3.  Persons who produce industrial process wastewater which requires treatment[, identified in 40 CFR 405 through 40 CFR 464,] and who apply for or possess a site-specific permit shall annually pay:

(1)  [Three thousand five hundred dollars if the design flow is less than one million gallons per day; or

(2)  Five thousand dollars if the design flow is equal to or greater than one million gallons per day.]  Five thousand dollars annually if the industry is a class IA concentrated animal feeding operation as defined by the commission; or

(2)  For facilities issued operating permits based upon categorical standards pursuant to the federal Clean Water Act and implementing regulations:

(a)  Three thousand five hundred dollars annually if the design flow is less than one million gallons per day; or

(b)  Five thousand dollars annually if the design flow is equal to or greater than one million gallons per day.

4.  Persons who apply for or possess a site-specific permit solely for industrial storm water shall pay an annual fee of one thousand dollars.

5.  Persons who produce industrial process wastewater who are not included in subsection 2 or 3 of this section shall annually pay:

(1)  One thousand five hundred dollars if the design flow is less than one million gallons per day; or

(2)  Two thousand five hundred dollars if the design flow is equal to or greater than one million gallons per day.

6.  [The commission shall promulgate rules and regulations which specify treatment works, by category, whose discharge has only a minimal impact.  Persons owning such treatment works, including private trout farms or hatcheries, may apply for a general permit.  Persons who apply for a general permit which authorizes more than one discharge of the same type within a specific area shall pay a fee of one hundred fifty dollars for each such permit.]  Persons who apply for or possess a general permit shall pay the following permit fee for the discharge of storm water:

(1)  Two hundred dollars annually for the discharge of storm water from a land disturbance site;

(2)  Fifty dollars annually for the operation of a chemical fertilizer or pesticide facility;

(3)  One hundred fifty dollars for a general permit for the operation of an animal feeding operation or a concentrated animal feeding operation;

(4)  One hundred fifty dollars annually for the discharge of process water or storm water potentially contaminated by activities not included in subdivisions (1) to (3) of this subsection.

7.  Requests for state operating permit modifications for ownership changes, name changes, address changes and minor corrections in legal descriptions shall be accompanied by a fifty-dollar fee.  The commission may waive the fee if it is determined that the necessary modification was either initiated by the department or caused by an error made by the department.

8.  Requests for state operating permit modifications other than those described in subsection 7 of this section shall be accompanied by a two hundred dollar fee.  The commission may waive the fee if it is determined that the necessary modification as either initiated by the department or caused by an error made by the department.

9.  Requests for water quality certifications in accordance with section 401 of the federal Clean Water Act shall be accompanied by fees established pursuant to subdivisions (1) and (2) of this subsection as follows:

(1)  Requests for water quality certifications shall include the standard application form for section 404 permits as administered by the United States Army Corps of Engineers, or similar information for other federal licenses or permits and shall be accompanied by a seventy-five dollar fee;

(2)  Where an activity is authorized through a general permit or nationwide permit by the United States Army Corps of Engineers, the water quality certification is issued for that general permit or nationwide permit and the certification is accepted by the United States Army Corps of Engineers, the fee is waived.

10.  Persons with a sewer service connection to public sewer systems owned or operated by a city, public sewer district, public water district or other publicly owned treatment works shall pay an annual fee per connection.  This fee shall be collected by the sewer service provider and remitted to the department of natural resources by the sewer service provider as follows:

(1)  For residential customers the annual fee shall not exceed fifty cents per dwelling unit;

(2)  For commercial or industrial customers with water service connections of less than or equal to one inch, the annual fee shall not exceed three dollars;

(3)  For commercial or industrial customers with water service connections of less than four inches excluding taps for fire suppression systems, the annual fee shall not exceed ten dollars;

(4)  For commercial or industrial customers with water service connections of greater than four inches excluding taps for fire suppression systems, the annual fee shall not exceed twenty-five dollars;

(5)  For commercial or industrial customers not served by a public water system, as defined in chapter 640, RSMo, the annual fee shall not exceed three dollars;

(6)  Commercial or industrial customers served by multiple water service connections shall pay an annual user fee based on the rates described in this subsection for each connection, except that no single facility served by multiple connections shall pay a total of more than seven hundred dollars per year;

(7)  The fees collected shall not exceed the amounts specified in this subsection and, unless reduced by the commission through rules, the fees shall be at these amounts.  The service provider may collect the annual fees described in this subsection in monthly, quarterly or annual increments.  Such fees shall be transferred to the department of natural resources on no less than an annual basis.

11.  Persons submitting a notice of intent to operate under a permit by rule shall pay a filing fee of twenty-five dollars.

644.053.  1.  Persons applying for a construction permit issued pursuant to this chapter shall pay a construction permit fee as provided herein:

(1)  [Five] Seven hundred fifty dollars for a [sewage] wastewater treatment plant if the design flow is less than five hundred thousand gallons per day;

(2)  [One] Two thousand [five] two hundred dollars for a [sewage] wastewater treatment plant if the design flow is equal to or more than five hundred thousand gallons per day;

(3)  [Fifty] Seventy-five dollars for a sewer extension if the extension is less than one thousand lineal feet of pipe;

(4)  [Two] Three hundred dollars for a construction permit for a sewer extension equal to or more than one thousand lineal feet of pipe; or

(5)  [Two] Three hundred dollars for each sewage pumping station.

2.  The applicant shall pay the highest appropriate fee [under] pursuant to subdivisions (1) to (5) of subsection 1 of this section, but shall pay only under one subdivision regardless of the nature of the planned construction.

3.  The commission may establish, by regulation, general permits for construction and establish fees that, in no case, shall be greater than the construction permit fees contained in subsection 1 of this section.

4.  Persons who apply for or possess an operator's certificate for wastewater or concentrated animal feeding operation waste management operations shall pay:

(1)  Forty-five dollars with an application for a certificate of competency which fee shall cover the competency exam and the issuance of the initial certificate of competency;

(2)  Twenty dollars with an application for subsequent competency exams for the same certification type and level if the applicant fails the initial exam;

(3)  Forty-five dollars with an application for renewal of the certificate of competency;

(4)  Forty dollars with each application for reciprocity; and

(5)  Twenty-five dollars for the reciprocated certificate of competency.

5.  Persons submitting reports for approval to use on-site systems for residential housing developments shall pay a fee of three hundred dollars.

644.054.  1.  Fees imposed in sections 644.052 and 644.053, except for those fees in subsection 4 and subsections 6 to 11 of section 644.052, shall become effective October 1, 1990, and shall expire December 31, [2000] 2007.  The clean water commission shall promulgate rules and regulations on the procedures for billing and collection.  All sums received through the payment of fees shall be placed in the state treasury and credited to an appropriate subaccount of the natural resources protection fund created in section 640.220, RSMo.  Moneys in the subaccount shall be expended, upon appropriation, solely for the administration of sections 644.006 to 644.141.

2.  Fees imposed in subsection 4 and subsections 6 to 11 of section 644.052 shall become effective October 1, 2000, and shall expire on December 31, 2007.  The commission shall promulgate rules and regulations on the procedures for billing and collection.  All sums received through the payment of fees shall be placed in the state treasury and credited to an appropriate subaccount of the natural resources protection fund created in section 640.220, RSMo.  Fees collected pursuant to subsection 10 of section 644.052 by a city, a public sewer district, a public water district or other publicly owned treatment works [or a sewer district in sections 644.052 and 644.053] are state fees.  [These fees may be passed through to persons who utilize the treatment works or sewer district and may be enumerated separately from all other charges.] Five percent of the revenue arising from the fees shall be retained by the city, public sewer district, public water district or other publicly owned treatment works for the purpose of reimbursing its expenses for billing and collection of such fees.

3.  The commission may grant a variance pursuant to section 644.061 for the purpose of reducing fees pursuant to section 644.052 for facilities adopting systems or technologies that reduce the discharge of water contaminants substantially below the levels required by commission rules.

4.  For fees imposed pursuant to subsections 2 to 6 of section 644.052 after September 30, 2000:

(1)  For new or renewed permits, the fee shall be due on the date of application and on each anniversary date of permit issuance thereafter until the permit is terminated;

(2)  For permits in effect on September 30, 2000, the fee shall be due on each anniversary date of permit issuance until the permit is terminated.

5.  For general permits issued pursuant to subdivisions (1), (2) and (4) of subsection 6 of section 644.052 that are in effect on September 30, 2000, the permittee will be credited thirty dollars on each anniversary date of permit issuance that falls between September 30, 2000, and permit expiration.

644.056.  1.  The [executive secretary] director shall cause investigations to be made upon the request of the commission or upon receipt of information concerning alleged violations of sections 644.006 to 644.141 or any standard, limitation, order, rule or regulation promulgated pursuant thereto, or any term or condition of any permit and may cause to be made any other investigations he deems advisable.  Violations shall include obtaining a permit hereunder by misrepresentation or failure to fully disclose all relevant facts.

2.  If, in the opinion of the [executive secretary] director, the investigation discloses that a violation does exist, he may, by conference, conciliation or persuasion, endeavor to eliminate the violation.

3.  In case of the failure by conference, conciliation or persuasion to correct or remedy any claimed violation, or as required to immediately and effectively halt or eliminate any imminent or substantial endangerments to the health or welfare of persons resulting from the discharge of pollutants, the [executive secretary] director shall order abatement or file an abatement complaint with the commission if no permit has been issued, or in addition may file a complaint to revoke a permit if such permit has been issued.  When the [executive secretary] director files a complaint, the commission shall order a hearing.  The [executive secretary] director shall cause to have issued and served upon the person complained against a written notice of the order or complaint, together with a copy of the order or complaint, which shall specify the provision of sections 644.006 to 644.141 or the standard, rule, limitation, or regulation adopted pursuant thereto, or the condition of the permit of which the person is alleged to be in violation, and a statement of the manner in which and the extent to which the person is alleged to violate sections 644.006 to 644.141 or the standard, rule, limitation, or regulation, or condition of the permit.  In any case involving a complaint, the commission shall require the person complained against to answer the charges of the formal complaint at a hearing before the commission at a time not less than thirty days after the date of notice.  Service may be made upon any person within or without the state by registered mail, return receipt requested.  Any person against whom the [executive secretary] director issues an order may appeal the order to the commission within thirty days and the appeal shall stay the enforcement of the order until final determination by the commission.  The commission shall set appeals for a hearing at a time not less than thirty days after the date of the request.  The commission may sustain, reverse, or modify the [executive secretary's] director's order or may make such other orders as the commission deems appropriate under the circumstances.  If any order issued by the [executive secretary] director is not appealed within the time herein provided, the order becomes final and may be enforced as provided in section 644.076.

4.  Permits issued hereunder may be terminated or modified if obtained in violation of sections 644.006 to 644.141 or by misrepresentation or failing to fully disclose all relevant facts, or when required to prevent violations of any provision of sections 644.006 to 644.141, or to protect the waters of this state, when such action is required by a change in conditions or the existence of a condition which requires either a temporary or permanent reduction or elimination of the authorized discharge, subject to the right of appeal contained in this section.

5.  When the commission schedules a matter for hearing, the petitioner on appeal or the respondent to a formal complaint may appear at the hearing in person or by counsel, and may make oral argument, offer testimony and evidence, and cross-examine witnesses.

6.  After due consideration of the record, or upon default in appearance of the respondent on the return day specified in the notice given as provided in subsection 3, the commission shall issue and enter such final order, or make such final determination as it deems appropriate under the circumstances, and it shall immediately notify the petitioner or respondent thereof in writing by certified or registered mail.

644.061.  1.  Unless prohibited by any federal water pollution control act, or if an application does not require a permit [under] pursuant to any federal water pollution control act, the commission may grant individual variances beyond the limitations prescribed in sections 644.006 to 644.141 whenever it is found, upon presentation of adequate proof, that compliance with any provisions of sections 644.006 to 644.141 or rule or regulation, standard, requirement, limitation, or order of the commission or [executive secretary] director adopted pursuant thereto will result in an arbitrary and unreasonable taking of property or in the practical closing and elimination of any lawful business, occupation or activity, in either case, without sufficient corresponding benefit or advantage to the people; but no variance shall be granted where the effect of a variance will permit the continuance of a condition which may unreasonably cause or contribute to adverse health effects upon humans or upon fish or other aquatic life or upon game or other wildlife, and any variance so granted shall not be so construed as to relieve the person who receives the variance from any liability imposed by other law for the commission or maintenance of a nuisance.

2.  In determining under what conditions and to what extent a variance may be granted, the commission shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to those affected by water contaminants emitted by the applicant.

3.  Variances shall be granted for such period of time and under such terms and conditions as shall be specified by the commission in its order.  The variance may be extended by affirmative action of the commission.  In no event shall the variance be granted for a period of time greater than is reasonably necessary for complying with sections 644.006 to 644.141 or any standard, rule or regulation promulgated hereunder.

4.  Any person seeking a variance shall file a petition for variance with the [executive secretary] director.  There shall be a [twenty-five] two hundred fifty dollar filing fee payable to the state of Missouri with each [application before a variance is granted] petition for variance.  The [executive secretary] director shall promptly investigate the application and make a recommendation to the commission within sixty days after the application is received as to whether the variance should be granted or denied.  The [executive secretary] director shall promptly notify the petitioner of his or her action and at the same time shall send notice to those persons registered with the [executive secretary] director pursuant to section 644.036 who reside in the county where the water contaminant or point source is located.

5.  If the recommendation of the [executive secretary] director is to deny the variance, a hearing as provided in section 644.066 shall be held by the commission if requested by the petitioner within thirty days of the date of notice of the recommendation of the [executive secretary] director.  If the recommendation of the [executive secretary] director is for the granting of the variance, the commission may grant the variance without a hearing, or, if not, shall set the matter for a hearing.  If the commission grants the variance without a hearing the matter shall be passed upon at a public meeting no sooner than thirty days from the date of notice of the recommendation of the [executive secretary] director, except that upon petition, filed within thirty days from the date of notice, of any person aggrieved by the granting of the variance, a hearing shall be held and such petitioner shall become a party to the proceeding.  In any hearing [under] pursuant to this section the burden of proof shall be on the person petitioning for a variance.

6.  The commission may require the filing of a bond as a condition for the issuance of a variance in an amount determined by the commission to be sufficient to insure compliance with the terms and conditions of the variance.  The bond shall be signed by the applicant as principal, and by a corporate surety licensed to do business in the state of Missouri and approved by the commission.  The bond shall remain in effect until the terms and conditions of the variance are met and the provisions of sections 644.006 to 644.141 and rules and regulations promulgated pursuant thereto are complied with.

7.  Upon failure to comply with the terms and conditions of any variance as specified by the commission, the variance may be revoked or modified or the bond may be revoked, or both, by the commission after a hearing held upon not less than thirty days' written notice.  Notice shall be served upon all persons who will be subjected to greater restrictions if the variance is revoked or modified, or who have filed with the [executive secretary] director a written request for notification.

8.  Any decision of the commission made pursuant to a hearing held [under] pursuant to this section is subject to judicial review as provided in section 644.071.

644.066.  1.  At any public hearing all testimony taken before the commission shall be under oath and recorded stenographically.  The transcript so recorded shall be made available to any member of the public or to the respondent or party to a hearing on a complaint, or any party to a hearing on a petition for variance, or appealing any order or determination of the [executive secretary] director upon payment of the usual charge therefor.

2.  In any such hearing, any member of the commission or the hearing officer shall issue in the name of the commission notice of hearing and subpoenas.  Subpoenas shall be issued and enforced as provided in section 536.077, RSMo.  The rules of discovery that apply in any civil case apply to hearings held by the commission.

3.  (1)  All hearings to promulgate standards, rules, limitations, and regulations and to establish areas of the state shall be held before at least four members of the commission;

(2)  All other hearings may be held before one commission member designated by the commission chairman or by a hearing officer who shall be a member of the Missouri bar and shall be appointed by the commission chairman.  The hearing officer or commission member shall preside at the hearing and hear all evidence and rule on the admissibility of evidence.  The hearing officer or commission member shall make recommended findings of fact and may make recommended conclusions of law to the commission;

(3)  All final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission.  Any commission member approving in writing any final order or determination or other final action, who did not attend the hearing, shall do so only after reviewing all exhibits and reading the entire transcript.

644.071.  1.  All final orders or determinations of the commission or the [executive secretary] director made pursuant to the provisions of sections 644.006 to 644.141 are subject to judicial review pursuant to the provisions of chapter 536, RSMo.  No judicial review shall be available, however, unless and until all administrative remedies are exhausted.

2.  In any suit filed pursuant to section 536.050, RSMo, concerning the validity of the commission's standards, rules and regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such standards, rules, limitations, and regulations and may hear such additional evidence as it deems necessary.

644.076.  1.  It is unlawful for any person to cause or permit any discharge of water contaminants from any water contaminant or point source located in Missouri in violation of sections 644.006 to 644.141, or any standard, rule or regulation promulgated by the commission.  In the event the commission or its [executive secretary] director determines that any provision of sections 644.006 to 644.141 or standard, rules, limitations or regulations promulgated pursuant thereto, or permits issued by, or any final abatement order, other order, or determination made by the commission or the [executive secretary] director, or any filing requirement under sections 644.006 to 644.141 or any other provision which this state is required to enforce under any federal water pollution control act, is being, was, or is in imminent danger of being violated, the commission or [executive secretary] director may cause to have instituted a civil action in any court of competent jurisdiction for the injunctive relief to prevent any such violation or further violation or for the assessment of a penalty not to exceed ten thousand dollars per day for each day, or part thereof, the violation occurred and continues to occur, or both, as the court deems proper.  A civil monetary penalty under this section shall not be assessed for a violation where an administrative penalty was assessed under section 644.079.  The commission or the [executive secretary] director may request either the attorney general or a prosecuting attorney to bring any action authorized in this section in the name of the people of the state of Missouri.  Suit may be brought in any county where the defendant's principal place of business is located or where the water contaminant or point source is located or was located at the time the violation occurred.  Any offer of settlement to resolve a civil penalty under this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general or a prosecuting attorney representing the department under authority of this section, and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.

2.  Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan, or other document filed or required to be maintained under sections 644.006 to 644.141 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under sections 644.006 to 644.141 shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by imprisonment for not more than six months, or by both.

3.  Any person who willfully or negligently commits any violation set forth under subsection 1 of this section shall, upon conviction, be punished by a fine of not less than twenty-five hundred dollars nor more than twenty-five thousand dollars per day of violation, or by imprisonment for not more than one year, or both.  Second and successive convictions for violation of the same provision hereunder by any person shall be punished by a fine of not more than fifty thousand dollars per day of violation, or by imprisonment for not more than two years, or both.

4.  The liabilities which shall be imposed pursuant to any provision of sections 644.006 to 644.141 upon persons violating the provisions of sections 644.006 to 644.141 or any standard, rule, limitation, or regulation adopted pursuant thereto shall not be imposed due to any violation caused by an act of God, war, strike, riot, or other catastrophe.


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