HCS/HB 288 - Generally, this act is enabling legislation for the requirements of the federal Safe Drinking Water Act of 1996.

The act broadens rulemaking authority of the Safe Drinking Water Commission (SDWC) to cover the requirements of the federal Safe Drinking Water Act. The SDWC shall establish criteria for priorities for drinking water loans and shall develop an Intended Use Plan for funding such loans to submit to the Clean Water Commission. The Department of Natural Resources shall certify public water system operators.

The act authorizes the SDWC to assess administrative penalties under requirements and procedures which are generally similar to those already provided in law for several other regulatory programs within the Department. The maximum penalty is one thousand dollars per day for systems serving more than ten thousand persons and two hundred and fifty dollars per day for smaller systems. The maximum penalty per violation is twenty- five thousand dollars. Penalties may be appealed to the Commission and then to circuit court. Administrative penalties shall not be imposed if the violation only has "potential" to cause harm to health or the environment.

The Department may issue administrative orders pertaining to public water systems. Civil penalties may be sought for violations of orders and rules, as well as violations of law. The Department shall not seek a civil penalty if an administrative penalty was assessed and collected. The Department shall seek to resolve violations with conference, conciliation and persuasion.

Permitted public water systems must designate an organization to serve as the "continuing authority" for the system. After Oct. 1, 1999, new community and other nontransient water systems must show that they have and will maintain the resources and capability to comply with safe drinking water law. Any community or other nontransient water system subject to an administrative order for significant noncompliance with the federal Safe Drinking Water Act shall be required to designate a "continuing authority" and demonstrate the capability to comply with safe drinking water law.

The Department may allow testing under a federally- authorized "flexible monitoring program". Each water supplier shall provide each customer with the federally-required report of test results.

The Department may establish a voluntary, source water petition protection program.

The Department may provide assistance under Chapter 644, RSMo, to state agencies and community and nonprofit, noncommunity water systems. The Water and Wastewater Loan Fund may also be used to provide assistance to community and nonprofit, noncommunity water systems and private wastewater facilities. Moneys in the Drinking Water State Revolving Fund shall be used for the purposes of the federal Safe Drinking Water Act and shall be accounted for separately. The Safe Drinking Water Commission shall establish criteria for priorities for drinking water loans and shall develop an Intended Use Plan. The Clean Water Commssion shall establish priorities for wastewater projects and implement the Intended Use Plan for drinking water loans.

This act is similar to SB 123 from 1997.

The act contains penalty provisions.
OTTO FAJEN

SCA 1 - DNR AUTHORIZED TO CERTIFY BACKFLOW PREVENTION ASSEMBLY TESTERS. SCA 2 - STATE STANDARDS AND GUIDELINES SHALL NOT BE STRICTER THAN FEDERAL ONES. SCA 3 - ESTABLISHES DRINKING WATER REVOLVING FUND TO ESTABLISH CRITERIA TO SELECT PROJECTS AND MAKE LOANS. SCA 4 - ALLOWS DNR TO CONSIDER FINANCIAL CAPACITY OF PERMIT APPLICANT (NOW MANDATORY). SCA 1 (w/SA 1) (GOODE) - ALL BACKFLOW ASSEMBLY TESTERS MUST PASS AN APPROPRIATE, NATIONALLY-RECOGNIZED TEST TO BE CERTIFIED. SSA 1/SCA 1 (EHLMANN) - DNR SHALL CERTIFY "NATIONWIDE" PERMITS UNDER SECTION 404 WITHOUT CONDITIONS RELATING TO WETLANDS. SSA 1/SCA 3 (MAXWELL) - SETS ASIDE 35% OF GRANT FUNDS FOR WATER SYSTEMS SERVING FEWER THAN 10,000 PERSONS. SCA 4 (ROHRBACH) - DNR MAY REQUIRE FINANCIAL CAPACITY ASSURANCE OF SYSTEMS. SA 1 (GOODE) - TECHNICAL CHANGE TO DEFINITION OF "WATER SYSTEM" REMOVING THE WORD "PIPED". SA 2 (CASKEY) - CERTAIN PRIVATE SYSTEMS SHALL NOT INCREASE RATES TO FUND IMPROVEMENTS NOT AFFECTING AREA WHERE RATES ARE INCREASED. SA 3 (MCKENNA) - ADMINISTRATIVE RULES LANGUAGE. SA 4 (MCKENNA) - LIMITS DETERMINATIONS OF LOSING STREAMS BY CLEAN WATER COMMISSION. SA 5 (w/SA 1) (CHILDERS) BOARD OF GEOLOGIST REGISTRATION MAY REGISTER GEOLOGISTS REGISTERED IN OTHER STATES WITH AT LEAST FIVE YEARS OF EXPERIENCE IN MISSOURI. SA 6 (EHLMANN) - PROPER PERMIT SHALL CONSTITUTE "REASONABLE USE: IN COURT CASE REGARDING SURFACE WATER PROJECTS IN FLOOD PRONE AREAS. SA 7 (ROHRBACH) - CLEAN WATER COMMISSION RULES MAY BE STRICTER THAN FEDERAL REGULATIONS ONLY UPON FINDING OF SUBSTANTIAL EVIDENCE OF SIGNIFICANT ADVERSE IMPACT TO PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT. SA 8 (w/SA 1) (SINGLETON) - ANY PUBLIC WATER SUPPLY DISTRICT MAY VOTE TO ESTABLISH A COMPLAINT BOARD FOR RATE AND SERVICE PROBLEMS.