- Perfected -

SS/SCS/SB 36 - This act requires all rules that prescribe environmental conditions or standards promulgated by the Department of Natural Resources, Hazardous Waste Management Commission, State Soil and Water Districts Commission, Petroleum Storage Tank Insurance Fund Board, Land Reclamation Commission, Safe Drinking Water Commission, Air Conservation Commission, and Clean Water Commission to cite the specific section of law the rule is to be based upon. The Department of Natural Resources is required to prepare a regulatory impact report for all rules promulgated by the referenced agencies.

The regulatory impact statement shall contain specific components which are covered in the act and must be developed using peer reviewed and published data. The regulatory impact report must be made available to the public via posting on the DNR website and in a newspaper of general circulation and DNR must allow for and respond to comments from the public. The Department is required to post all comments, both positive and negative. The regulatory impact report, testimony and comments must be considered by the Department or the Commission in promulgating the regulation. The failure of the Department to conduct the regulatory impact report will be considered grounds for vacating the regulation. The regulatory impact report is also required to be filed with the Joint Committee on Administrative Rules at the time the proposed rules are filed pursuant to Chapter 536, RSMo.

A provision is included to allow for the promulgation of regulations without conducting a regulatory impact report if the Director believes that the action is immediately necessary to protect the public health and welfare. However, the Director must justify these actions in writing and the Department would then have the responsibility to complete the risk assessment and cost-benefit analysis within 180 days of adopting the rule.

In proceedings challenging rules promulgated by the Department of Natural Resources, hazardous Waste Management Commission, State Soil and Water Districts Commission, Petroleum Storage Tank Insurance Fund Board, Land Reclamation Commission, Safe Drinking Water Commission, and Clean Water Commission the burden of proof shifts to the department or commission promulgating the rule to prove that the rule is necessary to prevent specific circumstances of conditions causing harm to human health, public welfare or the environment.

The act requires the Department of Natural Resources, Hazardous Waste Management Commission, State Soil and Water Districts Commission, Petroleum Storage Tank Insurance Fund Board, Land Reclamation Commission, Safe Drinking Water Commission, Air Conservation Commission and Clean Water Commission to state specific reasons for denials of permits.

This act exempts political subdivisions which use its own personnel and equipment or contract for the excavation to obtain sand or gravel material for its own use and private individuals who excavate for personal use from the requirement that they obtain a permit prior to conducting in-stream gravel operations. The act also exempts individuals who mine less than 2,000 tons of material annually. An operator shall provide an annual report to DNR indicating the tonnage and owner or location of the properties where the sand and gravel was removed. However, DNR may establish excavation standards for exempt persons which are not more stringent than those for permitted operators. If an operator violates the standards DNR may then require that operator to be permitted. The act also removes the permit fee for those excavating less than 5,000 tons of material annually.

This act extends the levy and collection of the hazardous waste management fee to January 1, 2010.

This act also permits Johnson County to hold an election to impose a landfill fee for the benefit of the county. The fees, which may not exceed $1.50 per ton will be collected by the landfill operation.

This act is similar to SCS/SB 971 (2002) and contains provisions from SB 546 (2003), SB 360 (2003), and SB 392 (2003).

SARAH MORROW