SB 0984 Revises various provisions relating to the Department of Natural Resources
LR Number:4130S.10T Fiscal Note:4130-10
Committee:Commerce and Environment
Last Action:07/11/02 - Signed by Governor Journal page:
Title:CCS HS SS#2 SCS SBs 984 & 985
Effective Date:August 28, 2002
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Current Bill Summary

CCS/HS/SS#2/SCS/SBs 984 & 985 - This act makes several changes relating to the Department of Natural Resources.

ETHANOL PRODUCER PAYMENTS (Section 142.028) - This act expands the definition of a "Missouri Qualified Fuel Ethanol Producer" to be at least 51% owned by agricultural producers actively engaged in agricultural production. This portion is similar to CCS/SS#2/SCS/HB 1348 (TAT) (2002).

TERRITORIAL AGREEMENTS (Section 204.472) - The act provides that when all or part of a territory of a sewer district is located in Butler County is annexed into Poplar Bluff, but is not receiving municipal water service at the time of annexation, the district and city may develop an agreement for the provision of service to the annexed territory. Such an agreement may be developed for any territory annexed between January 1, 1996 and August 28, 2002, but was not receiving sewer service on August 28, 2002. Requirements for the agreement and procedures where an agreement cannot be reached are provided. This portion is similar to SCS/HS/HCS/HB 1650 (2002).

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/SS/HB 1748 (TAT)(2002).

SOLID WASTE MANAGEMENT (Section 260.200) - The act removes the ban on disposing of microwave ovens in landfills. This portion is similar to SCS/HS/HCS/HB 1650 (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 and CCS/SS/HB 1748 (TAT) (2002) and similar to SCS/HS/HCS/HB 1650 (2002).

LIQUEFIED PETROLEUM GAS RETAILERS (Section 323.060) - The act exempts registered retailers from liability for actual or punitive damages for any injuries caused by the installation, modification, repair, or servicing of equipment and appliances used with liquefied petroleum gas. The act does not limit liability for gross negligence or willful or wanton acts.

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/SS/HB 1748 (TAT) (2002).

MTBE (methyl tertiary butyl ether) - After July 1, 2005, MTBE is no longer to be offered or sold in Missouri. This portion is contained in CCS/SS#2/SCS/HB 1348 (TAT) (2002).

BIODIESEL (Section 414.365) - This act requires the Department of Transportation to develop a program for the use of alternative fuels in the Department's vehicle fleet and heavy equipment that use diesel fuel. This portion is similar to HCS/HB 1472 (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/SS/HB 1748 (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. This portion is similar to provisions of SB 881, SS/SCS/HS/HCS/HB 1962, SCS/HS/HCS/HB 1650 (2002), and CCS/SS/HB 1748 (TAT)(2002).

AIR BANKING AND TRADING (Section 643.220) - This act revises the air emissions banking and trading program by clarifying use of air emission reduction credits. In order for air emission reduction credits to be tradeable between air emission sources, the air emission reduction credits would be based on air emission reductions that occur after August 28, 2001, or must be credits that exist in the current air emissions bank. This portion is similar to SB 1163 (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/SS/HB 1748 (TAT)(2002).

CLEAN WATER COMMISSION (Section 644.036)- 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/SS/HB 1748 (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/SS/HB 1748 (TAT)(2002).

COAL-FIRED CYCLONE BOILER EMISSIONS (Section 1)- This act limits emissions for coal-fired cyclone boilers which use tire derived fuel to 80% of the emission limit pursuant to the Clean Air Act. This portion is also contained in SB 1011 (TAT) and CCS/SCS/HB 1402 (TAT)(2002).