HB 28 Modifies provisions relating to the environment

     Handler: Wallingford

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HCS/HB 28 - This act modifies provisions relating to the environment.

FINGERPRINTING (Section 43.543) - This act adds the Department of Natural Resources to the list of state agencies that may use a fingerprint background search performed by the State Highway Patrol on persons seeking employment or permit issuance or renewal.

This section is identical to a section contained in SCS/SB 417 (2013).

NATURAL DISASTER ORDINANCES (Section 49.226) - This act allows a county commission to adopt an ordinance issuing a burn ban upon a determination by the state fire marshal that a burn ban order is appropriate because an actual or impending occurrence of a natural disaster of major proportions jeopardizes the safety and welfare of county residents and the U.S. Drought Monitor has designated the county as an area of severe, extreme, or exceptional drought.

The burn ban may carry a penalty of up to a Class A misdemeanor.

The ban does not apply to state agencies responsible for fire management or suppression activities and persons conducting agricultural burning using best management practices, nor may it prohibit the sale of fireworks.

Under this act, the county burn ban may prohibit the explosion or ignition of any missile or skyrocket, but may not ban the explosion or ignition of other consumer fireworks.

LAND SURVEY PROGRAM (Sections 60.185-60.670, 256.117, 261.023, 640.010, 640.065-640.075) - This act transfers the Land Survey Program and the Land Survey Commission from the Department of Natural Resources to the Department of Agriculture by Type I transfer. The Land Survey Program shall be at or near the principal office of the state geological survey. The state geologist shall provide such space in the state geological survey building as may be available. No department shall charge any fee over or above the amount paid to the Office of Administration for utilization of the building. The building that occupies the permanent headquarters of the Land Survey Program may be renamed and referred to as the "Robert E. Myers Building." A portion of the funds in the Department of Natural Resources Revolving Services Fund will be transferred to the Department of Agriculture Revolving Services Fund. The transfer between the Department of Natural Resources and the Department of Agriculture shall be made such that only the balance related to the reproduction and sale of land survey documents is transferred.

The provisions of these sections are similar to HB 651 (2013) and SCS/SB 417 (2013).

DAMS AND RESERVOIRS (Sections 236.410) - This act modifies the composition of the Dam and Reservoir Safety Council to require that there be one council member from each of the 3 U.S. congressional districts in this state with the highest number of dams. Further, the Council shall prepare and present an annual report to the General Assembly by December 31 of each year.

The provisions of these sections are similar to provisions contained in SB 416 (2013).

STATE PARK EARNINGS FUND (Section 253.090) - This act allows the state treasurer to invest moneys in the fund in the same manner as other funds are invested. Interest on deposits shall be credited to the Fund.

This section is similar to a provision contained in HB 618 (2013).

DOMESTIC HOUSEHOLD ANIMALS IN STATE PARKS (Sections 253.180-253.185) - Currently, domestic household animals are not allowed in any state park unless restrained by a leash. This amendment allows domestic household animals to be off-leash in any designated area within any state park serving as a dog park or other off-leash area.

This section is identical to a section contained in HCS/HB 604 (2013) and HB 758 (2013).

MULTI-PURPOSE WATER RESOURCES PROGRAM RENEWABLE WATER PROGRAM FUND (Section 256.438) - This act creates the Fund which shall consist of money collected from public or private sources. Fund moneys shall be used for carrying out the Multipurpose Water Resource Act.

OUTDOOR RECREATION (Sections 258.010-258.080) - This act eliminates the State Interagency Council for Outdoor Recreation and gives the Department of Natural Resources the ability to convene any committee to perform functions related to historic sites, trails, outdoor recreation, state parks, federal grant programs, any land and water conservation fund act, or any other law. Funds appropriated for the State Interagency Council for Outdoor Recreation will be allocated to the Department pursuant to this act.

The provisions of these sections are identical to provisions contained in SB 416 (2013).

SOLID WASTE (Section 260.200-260.335) - Currently, the Department of Natural Resources requires any person applying for a permit to operate a solid waste facility to file a disclosure statement. This act modifies the requirements of the disclosure statement and expends the definition of person to include a limited liability company, trust, or any other legal entity. This act repeals the disclosure statement requirement for permit renewals. This act also requires, upon the request of the Director of the Department of Natural Resources, a criminal background check for any person involved in the management activities of a solid waste disposal area or processing facility.

Additionally, the criminal background check may require the permit applicant to cooperate with the Missouri State Highway Patrol. After the disclosure statement has been filed with the Department, any changes must be reported to the Director within 30 days of the change. Failure to notify the Director may result in permit denial, conditional granting, or permit revocation.

After permit issuance, each solid waste facility must file an updated disclosure statement to the Department by March 31. Failure to file an updated disclosure statement may result in civil penalties as set forth in this act. This act exempts certain people and entities from the requirement to file a disclosure statement. Any person or entity operating a solid waste processing facility or disposal area that has had their permit suspended or has faced other penalties may appeal the decision to the Department. A bond may be required to stay the effect of the Department's action until the appeal is resolved. Any final order imposing an administrative penalty may be appealed subject to judicial review as provided by law. No judicial review shall be available until all administrative remedies are exhausted.

This act exempts municipal utilities located in Springfield from a preliminary site investigation for purposes of proceeding with a utility waste landfill detailed site investigation.

The provisions of these sections are similar to provisions contained in SB 416 (2013).

LEAD ACID BATTERIES (Section 260.262) - This act extends the lead acid-battery fee structure from December 31, 2013 to December 21, 2018.

HAZARDOUS WASTE (Sections 260.379-260.475) - This act repeals: the requirement that hazardous waste facility owners, operators, and hazardous waste transporters have to obtain a permit before conducting postclosure activities and operations; the requirement that a person must apply for a permit before constructing, altering, or operating a hazardous waste facility; and, the requirement that each permit for a land disposal facility must be reviewed every 5 years; the provision that a permit shall not be issued to any person who is determined to have habitually engaged in hazardous waste management practices which pose a threat to the health of humans or the environment or who has had multiple criminal convictions; the requirement that the Department of Natural Resources must assess the transportation system serving a proposed site for a new hazardous waste facility as part of the review for a permit application; and, the requirement that the Department of Natural Resources must assess the transportation system serving a proposed site for a new hazardous waste facility as part of the review for a permit application.

The authority to change the hazardous waste fee structure is given to the Hazardous Waste Management Commission. The authority of the Commission to change the hazardous waste fee structure expires August 28, 2023. This act also extends the expiration of the hazardous waste fee structure from December 31, 2013 to December 31, 2018.

This act modifies membership on the Hazardous Waste Management Commission. Currently, three members of the Commission must represent agriculture, the waste generating industry, and the waste management industry. This act modifies membership to require that one member must also represent the retail petroleum industry.

The provisions of these sections are similar to section contained in SCS/SB 417 (2013).

INDUSTRIAL MINERALS FEE STRUCTURE (Section 444.772) - This act extends the industrial mineral fee structure from December 31, 2013 to December 31, 2018.

This section is identical to a provision contained in SCS/SB 417 (2013).

PERMITS (Sections 621.250-640.017) - For contested case administrative appeals, the Administrative Hearing Commission will give the final decision. The burden of proof for appeals shall lie with the Department to demonstrate the lawfulness of the finding or order.

For activities that require obtaining multiple permits or certifications from the Department, the applicant may petition the Director to coordinate in approving or denying such permits or certifications in order to streamline the permit application process. Pursuant to this act, the Director must develop and implement a streamlined permitting process that helps applicants determine, at the earliest stage, all of the permits required, and inform applicants of the uniform permitting schedule.

The provisions of these sections are similar to provisions contained in SB 416 (2013).

DOCUMENTS REPORTED TO THE JOINT COMMITTEE ON ADMINISTRATIVE RULES (Section 640.026) - This act requires the Department to develop a list of all documents produced for external dissemination, excluding permits, that the Department utilizes to implement enforcement actions or penalties that have not been established in statute or by rulemaking. All documents must contain certain information as set forth in this act. The list and documents can be provided to the Joint Committee by either physical hard copies or by a list accompanied by the appropriate document URL.

This section is similar to Section 2 in the perfected HCS/HB 881 (2013).

E.COLI TESTING AT SWIM BEACHES (Section 640.080, Section B) - This act requires that the U.S. Environmental Protection Agency's

Method 1603 or an equivalent method be used to measure E. coli at Missouri state parks' swim beaches. Beaches that exceed the geometric mean standard shall post a sign stating "Swimming is Not Recommended". Beaches exceeding the statistical threshold value (STV) standard shall be retested twice. If either of the retests exceeds the STV standard, a sign shall be posted stating "Swimming is Not Recommended". The state reserves the right to close a beach in the event of a documented health risk.

This section contains an emergency clause. This section is substantially similar to HB 51 (2013) and SB 140 (2013).

CONCENTRATED ANIMAL FEEDING OPERATIONS (Section 640.715-640.725) - This act repeals the requirement that a construction permit be obtained for construction of a concentrated animal feeding operation, and instead requires an operating permit for a new or expanded facility.

Currently, any owner or operator of a flush system animal waste wet handling facility must inspect the facility and lagoons for unauthorized discharge and structural integrity every 12 hours. This act modifies this requirement to the inspection of gravity outfall lines, recycle pump stations, and recycle force mains and appurtenances once per week. This act adds the requirement that the owner or operator shall also visually inspect once per day any lagoon whose water level is less than 12 inches from the emergency spillway.

This section is identical to a section contained the perfected SS/SCS/HB 542 (2013).

AIR CONSERVATION COMMISSION (Section 643.079) - This act gives the authority to adjust the clean air fee structure to the Air Conservation Commission. This authority expires August 28, 2023.

CLEAN WATER LAW (Section 644.029) - This act requires the Department of Natural Resources to allow an appropriate schedule of compliance for a permittee to make facility upgrades to meet new water quality requirements.

CLEAN WATER COMMISSION (Sections 644.051-644.064, Section B) -

Currently, any person building, erecting, altering, replacing, operating, using, or maintaining any water contaminant or point sources must obtain a permit from the Commission. This act modifies these requirements by requiring that any person operating, using, or maintaining a point source to obtain an operating permit and any person constructing, building, replacing, or making major modification to any point source or collection systems to obtain a construction permit. In addition, any point source that proposes to construct a storage structure to hold, convey, contain, store, or treat wastewater shall also be subject to the construction permit requirement. Construction permit requirements and construction permit exemptions are set forth in this act. A governmental unit may also apply to the Department of Natural Resources for authorization to operate a local supervised program.

This act sets a fee for non-substantive modifications to public water and sewer operating permits at $100. This provision is identical to a section contained the perfected SS/SCS/HB 542 (2013).

This act extends the expiration of the clean water fee structure from December 31, 2013 to December 31, 2018 and gives the Clean Water Commission the ability to change the clean water fee structure. The Commission's ability to change the clean water fee structure expires on August 28, 2023. In no case shall the Commission recommend any clean water fee in excess of $5,000.

The Director of the Department of Natural Resources may also grant a provisional variance for water pollution for conditions beyond reasonable control. In granting a provisional variance, the Director shall consider the hardship imposed by requiring compliance and the adverse impacts from granting a variance. Any provisional variance granted shall not exceed 45 days, and may be extended 45 days, but shall in no case exceed 90 days. Applications for a variance shall be accompanied by a $250 fee, and all applications should be investigated within 14 days of the request. If a provisional variance is granted, the applicant shall be promptly notified and a written copy of the decision must be maintained by the Clean Water Commission.

The section giving the Clean Water Commission the ability to amend the fee structure contains an emergency clause.

The provisions of these sections are similar to provisions contained in SCS/SB 417 (2013).

STATE PARKS (Section 1) - This act requires the Division of State Parks to hold an annual stakeholder meeting in each park district. In addition, the act allows a stakeholder to petition the Director of State Parks regarding any policy or park issue. The director shall respond within 14 days of the petition filing and may schedule a stakeholder meeting to determine future action. If a stakeholder meeting occurs, the director shall notify the stakeholder of the decision in writing within 30 days of the meeting. The decision of the Director shall be final.

JOINT COMMITTEE ON SOLID WASTE MANAGEMENT DISTRICT OPERATIONS (Section 2) - This act creates the Joint Committee on Solid Waste Management District Operations, which shall be composed of five members from both the House of Representatives and Senate. The Committee shall examine solid waste management district operations, including efficiency, efficacy, and reasonableness of costs and expenses of such districts to Missouri taxpayers. The Committee shall prepare a report for submission to the General Assembly by December 31, 2013 at which time the Committee shall dissolve.

This act is substantially similar to SS/SCS/HB 650 (2013).

KAYLA CRIDER


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