SB 135
Modifies provisions pertaining to environmental protection
Sponsor:
LR Number:
0583S.06T
Last Action:
6/22/2011 - Signed by Governor
Journal Page:
Title:
CCS HCS SS SB 135
Calendar Position:
8
Effective Date:
Emergency Clause for certain sections
House Handler:

Current Bill Summary

CCS/HCS/SS/SB 135 - This act modifies provisions pertaining to environmental protection.

SECTION 253.090 - STATE PARK EARNINGS FUND

The act exempts monies in the State Park Earnings Fund from being transferred to the General Revenue Fund in the biennial sweep.

This section is similar to HCS/HB 89 (2011), HB 823 (2011), and HB 191 (2011).

SECTION 260.262 - LEAD-ACID BATTERY FEE

The act extends the expiration date from June 30, 2011 to December 31, 2013 for the fee assessed per lead-acid battery sold in the state.

This section is similar to HB 98 (2011) and HB 2086 (2010).

SECTION 260.269 - SCRAP TIRES

The act allows the state or any political subdivision to transfer ownership of scrap tires or tire shred to any Missouri-based company if the cost of the transfer is less than the cost of disposal of the tires, and as long as the company does not put the tires in a landfill or burn them as a fuel source unless the company has a permit to do so. The company must bear the cost of transporting the tires to its facility.

This section is similar to SCS/SB 230 (2011) and identical to TAT/SCS/HCS/HB 578 (2011).

SECTIONS 260.380 AND 260.475 - HAZARDOUS WASTE FEES

The expiration date for fees assessed to generators, transporters, and disposers of hazardous waste is extended from December 31, 2011 to December 31, 2013.

These sections are similar to HB 98 (2011).

SECTION 260.965 - DRY-CLEANING FACILITIES

Under current law, the state statutes regarding dry-cleaning facility environmental remediation, including payments into the Dry-Cleaning Environmental Response Trust Fund, expire on August 28, 2012. The act extends the expiration date to August 28, 2017.

SECTION 306.109 - EXPANDED POLYPROPYLENE COOLERS

Current law prohibits the possession of expanded polypropylene coolers on or within 50 feet of certain rivers in the state except in certain areas. The act removes this prohibition.

SECTIONS 319.130 & 319.132 - PETROLEUM STORAGE TANK INSURANCE FUND

By April 1, 2012, the Board of Trustees of the Petroleum Storage Tank Insurance Fund must hold at least one public hearing to determine if it should create an underground storage tank operator training program. In making its decision, the Board must consider: input from the Departments of Natural Resources and Agriculture, the Board's advisory committee, and relevant portions of the private sector; federal financial ramifications; and other training programs already in use.

If the Board decides that a training program is necessary, the act lists requirements for the program. The program must meet federal requirements, be developed in collaboration with certain entities, be offered at no cost to individuals who are required to attend, specify certain standards and documentation requirements, and be developed by rule. The Board may contract with third parties to provide the training. The Board may modify or eliminate the program by rule. Records for the program must be made readily available to the Department of Natural Resources.

SECTION 414.072 - MOTOR FUEL

State and local governments may not use a manufacturer's expiration date on motor fuel measuring devices and dispensing equipment as the only reason to require repair or replacement of the equipment or issue a fine or penalty.

The required use of any automatic volumetric correction device for measuring fuel by gas stations must first be authorized by state statute before it may be imposed.

SECTION 640.116 - EXEMPTION FOR WELL CONSTRUCTION REQUIREMENTS

Water systems that serve charitable or benevolent organizations that do not regularly serve an average of 100 persons or more for at least 60 days of the year and that are not used for a school or day-care are exempt from well construction rules unless the system is a threat to groundwater or public health. Such wells are not exempt from certain rules applicable to multi-family wells. The act lists certain actions that a well owner must take in the event of certain coliform contamination violations.

No charitable or benevolent organization that is exempt from the well construction rules will be required to replace, change, upgrade, or alter any well if the well was constructed before August 28, 2011, unless the well poses a threat to groundwater or public health or has certain coliform contamination violations.

This section is identical to HCS/HB 250 (2011).

SECTION 640.905 - ENGINEERING WORK FOR PERMIT APPLICATIONS

If certain technical engineering documents have been prepared by a registered professional engineer and are submitted to the Department of Natural Resources in conjunction with a permit application or permit modification, the documents must be sealed by the engineer and the permit application or modification must include a statement that the documents were prepared in accordance with all applicable requirements. The department must use the documents in addition to other relevant information to develop comments and render a permit decision. Only a registered professional engineer or engineering intern may review the sealed engineering documents. The act also provides procedures for supervisory review of engineering documents.

This section is similar to a provision in TAT/SS/SCS/HCS/HB 89 (2011).

SECTION 1. - MOTOR FUEL VAPOR RECOVERY FEES

Only the Department of Natural Resources may set Stage 1 and Stage 2 motor fuel vapor recovery fees and such fees may not be modified by local governments or local enforcement agencies.

This act contains provisions similar to SB 1040 (2010) and SB 885 (2010).

The act contains an emergency clause for the sections relating to the State Park Earnings Fund (253.090), lead-acid battery fee (260.262), and hazardous waste fees (260.380 & 260.475).

ERIKA JAQUES

Amendments