Missouri Senate

House Committee Substitute

SECTION 640.700 - Repeals entire section.

SECTION 640.703 - The act adds and modifies definitions to Section 640.755, RSMo.

SECTION 640.710 - The act changes the authority to promulgate rules regulating the establishment, permitting, design and management of CAFOs in accordance with the Missouri clean water law from the Department of Natural Resources to the Clean Water Commission.

The act allows for regulatory or local controls to be imposed that are more restrictive than state laws or regulations provided the local government proposing the regulations prepares a regulatory impact report. The report shall provide clear and convincing evidence that state laws are not protective of human health and the environment. The report shall include:

• Published, peer-reviewed data that proves state laws are not protective of human health and environment within that community;

• A description of the economic costs imposed on animal feeding operations with the more restrictive controls;

• The probable costs to the local government of the implementation and enforcement of the proposed regulations and any anticipated effect on local revenues; and

• A determination about whether there are less costly or alternative approaches that capture the intent of the more restrictive controls.

The local government shall make the regulatory impact report available to the public through internet posting as well as newspaper publishing; the local government shall allow sixty days for public comment before any rule is promulgated. A copy of the regulatory impact report shall be filed with the department of natural resources, the act allows the department sixty days to comment on the rule. If the local government fails to conduct the report, the more restrictive controls shall be void.

The act lays out effective dates with regard to the regulatory impact report and the counties to which these dates are applicable, as well as making clear that for certain counties that had regulations pertaining to CAFO's prior to the effective date of the act, the rules would no longer be applicable but the provisions of the act would take effect.

SECTION 640.715 - 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.

SECTION 640.725 - The act modifies requirements for Class IA facilities that utilize flush systems; employing one or more persons to inspect the gravity outfall lines, recycle pump stations, and recycle force mains appurtenant to its animal manure lagoons. They are also responsible for inspecting any lagoon whose water level is less than eighteen inches below the emergency spillway.

SECTION 640.730 - Makes it clear that every Class IA facility that utilizes a flush system shall have a failsafe containment structure; the requirement that these facilities construct such structures within ninety days has been removed here.

SECTION 640.735 - 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.

SECTION 640.745 - The act adds language that makes it clear that moneys from the Concentrated Animal Feeding Operation Indemnity Fund shall be spent to minimize phosphorus and nitrogen transport from fields to surface waters in compliance with the technical standards for nutrient management established by the Natural Resources Conservation Service.

SECTION 640.750 - 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.

SECTION 640.755 - Technical changes.

SECTION 644.016 - 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 point source.

MEGAN WORD