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SB 187 - The act adds and modifies definitions to Section 640.755, RSMo. The act changes the authority to promulgate rules regulating the establishment, permitting, design and management of concentrated animal feed operations (CAFOs) in accordance with the Missouri clean water law from the Department of Natural Resources to the clean water commission. The act states that AFOs can be designated as CAFOs if it is determined that it is a significant contributor of pollutants to waters of the state. The act lays out factors to be considered when making that designation. The act states that no such designation shall be made without an on-site inspection. In addition, no AFO with numbers of animals below a class II CAFO shall receive such designation unless pollutants are discharged into state waters through a manmade, flushing system or similar device, or discharged into state waters which originate outside the facility and come into contact with the animals confined in that operation. The act clarifies that regulatory controls imposed by local governments shall be consistent and no more restrictive than those outlined in Sections 640.703 to 640.758. The act modifies requirements needed for a construction permit for a new operation, lagoon, or for an increase of the capacity to house or grow animals at an existing operation. Proof of such notification shall be required prior to approving such an application. Said proof shall consist of a certified statement that notification was accomplished by mailing a letter to the department, county governing body, and the last known addresses of all adjoining property owners. The act modifies the requirements for Class IA facilities that utilize flush systems. The act tightens the number of people that must be notified within twenty-four hours of any unauthorized discharge; with this act all adjoining property owners of the facility onto whose property the discharge flowed and affected downstream property owners within one stream mile shall be notified. The fee structure for the Concentrated Animal Feeding Operation Indemnity Fund has been changed with this act. The act increases the number of inspections required by the department of Class IA CAFOs that utilize flush systems, from at least one on site inspection to quarterly inspections. The act modifies the definition of "point source" to clarify that agricultural stormwater discharges and return flows from irrigated agriculture do not qualify as a point source. The definition of "water contaminant source" is also modified here, citing the same circumstances as those that should not be considered a water contaminant source. MEGAN WORD
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