SB 40 - This act modifies provisions relating to the Department of Natural Resources.
Currently, the authority of the Hazardous Waste Management Commission, the Air Conservation Commission, and the Clean Water Commission to revise certain fee structures set forth in statute expires on August 28, 2024. This act changes the expiration date to August 28, 2021.
In instances where the Department of Natural Resources has authority to issue fines or penalties and determines that a fine or penalty should be levied, the Department is required to provide information as set forth in the act to the alleged violator in order for the alleged violator to understand the basis for the fine or penalty.
Finally, for violations of the Missouri Clean Water Law, any administrative penalty sought to resolve violations through conference, conciliation, and persuasion shall be communicated to the alleged violator in writing together with any penalty calculation prepared in accordance with any Clean Water Commission administrative penalty rule.
Rules and regulations promulgated by the Clean Water Commission for the assessment of administrative penalties shall require the Department of Natural Resources to document how any administrative penalty sought to resolve the violations through conference, conciliation, and persuasion was calculated and provide such calculation and justification in writing to the alleged violator.
This act contains provisions identical to SB 878 (2020) and HB 2342 (2020).