CCS/SS/HB 1748 - This act revises various provisions relating to water resources.

PUBLIC WATER DISTRICTS - The act allows a petition for the formation of a public water supply district to become final and conclusive if signed by at least fifty owners of real property within the boundaries of the proposed district. Under current law, the petition must have voter approval before becoming final and conclusive. The act establishes petition publication criteria including newspaper publication. This portion is similar to SCS/HS/HCS/HB 1650 and CCS/HS/SS#2/SCS/SBs 984 & 985 (2002).

WATERSHED DISTRICTS (Section 278.258) - The act allows any county that has not adopted an annual watershed district tax that is within a watershed subdistrict to detach from the subdistrict. Detachment from the subdistrict must be approved by a majority of the landowners in the county. The detachment must take place before an annual tax is adopted. The watershed district trustees must make arrangements for the county to pay any outstanding indebtedness for services or works of improvement before the detachment. Watershed district trustees must certify the separation with the recorder of deeds in each county in which the subdistrict lies and with the State Soil and Water Commission. This portion is identical to HB 2113 (2002) and similar to SCS/HS/HCS/HB 1650 and CCS/HS/SS#2/SCS/SBs 984 & 985 (2002).

SEWER COMPANIES (Section 393.847) - The act specifies that every nonprofit sewer company shall be supervised and regulated by DNR to the same extent and in the same manner as any other nonprofit corporation who treats wastewater. This portion is similar to SCS/HS/HCS/HB 1650 and CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) (2002).

PRIMACY FEE (Section 640.100) - This act extends the drinking water primacy fee to September 1, 2007. This portion of the act is similar to CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) and SCS/HS/HCS/HB 1650 (2002).

BURDEN OF PROOF (Section 640.825) - In all matters heard by the Environmental Hearing Commission the burden of proof shall be on DNR or the Commission initially making the finding or decision. However, in appeals involving the denial of a permit, license or registration, the burden of proof shall be on the applicant. In any matter where someone other than the applicant appeals, the burden of proof shall be on that person. This portion is similar to provisions of SB 881, SS/SCS/HS/HCS/HB 1962, SCS/HS/HCS/HB 1650 (2002), and CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT)(2002).

AQUACULTURE (Sections 644.016, 644.051, 644.052) - This act revises provisions relating to water permitting for aquaculture. Aquaculture is defined as the controlled propagation, growth, and harvest of aquatic organisms.

Prior to issuing a general permit or permit by rule the Director of the Department of Natural Resources must hold meetings with permit holders, applicants and the public to evaluate pollution impacts of pollutants. After the meetings the Director would draft the permit considering the comments of the meeting and post it for public comment. The Director must also concurrently post an explanation with the draft permit which shall identify types of facilities which are subject to the permit. A hearing may be requested on the draft permit.

After consideration of the comments the final permit would be issued. The time between the request for the hearing and the hearing date will not be calculated for purposed of the time frames in which a permit must be issued.

Unless requested by the facility, aquaculture facilities will not be required to obtain site-specific permits but will obtain general permits. However, facilities which materially violate the conditions and requirements of the general permit may be required to obtain a site-specific permit. The fee for aquaculture facilities is capped at $250. This portion is similar to SB 1072, SCS/HS/HCS/HB 1650 and CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT)(2002).

CLEAN WATER COMMISSION (Section 644.036)- The act requires the Clean Water Commission to adopt any listing required by section 303(d) of the Clean Water Act to be promulgated by rule pursuant to chapter 536. This portion is similar to SS/SCS/HS/HCS/HB 1962, SCS/HS/HCS/HB 1650 and CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT)(2002).

BONDING FOR STORMWATER PROJECTS (Sections 644.578) - 644.580)- This act changes the date for authorizations for bonding for water sewer and stormwater projects. Current law authorizes the Board of Fund Commissioners to issue bonds for grants and loans pursuant to several sections in Article III of the Missouri Constitution which are administered by the Clean Water Commission and relate to water, sewer and stormwater projects. Current law states the authorizations are in addition to amounts authorized prior to August 28, 2002. This act changes the date to August 28, 2003. This portion is identical to SB 985, SCS/HS/HCS/HB 1650 and CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) (2002).

APPROVED TECHNOLOGIES FOR SUBSURFACE SOIL ABSORPTION (Section 701.034) - This act allows the Department of Natural Resources to approve alternative technologies tested and approved by a community college or other institution of higher education for subsurface soil absorption systems. Criteria for approval are specified.

METROPOLITAN SEWER DISTRICT (Section 1) - This act requires any metropolitan sewer district to conduct a study to examine the effects of privatization of the sewer district. The study must be commenced no later than June 1, 2003 and must be completed prior to June 1, 2004. SCS/HS/HCS/HB 1650 and CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) (2002)

LEVEE DISTRICT (Section 2) - This act allows any levee district in St. Charles County, who has an approved grant, to request a waiver of the competitive bidding process. The provisions of this section will expire December 31, 2002.

This act contains an emergency clause.
CINDY KADLEC