HCS HB 288 -- PUBLIC DRINKING WATER (Lumpe)

This substitute makes several changes to public drinking water
law.

The Safe Drinking Water Commission, in conjunction with the
Clean Water Commission, will implement a program to provide
loans to community and other nonprofit drinking water systems in
accordance with the federal Safe Drinking Water Act.  The Safe
Drinking Water Commission will also certify public water system
operators.

Community and other non-transient water systems commencing
operation after October 1, 1999, or found in violation of
drinking water law must show that a permanent organization
exists to serve as a capable continuing operating authority.
All permits for drinking water systems will be reviewed with
change of ownership.

The Department of Natural Resources (DNR) may assess
administrative penalties for violations.  The maximum
administrative penalty is $1,000 per day for systems serving
10,000 or more persons and $250 per day for smaller systems, to
a maximum of $25,000 per violation.  Administrative penalties
may be appealed to the Safe Drinking Water Commission, and no
penalty will be assessed if a civil penalty was imposed or
before trying to resolve the violation through conference,
conciliation, and persuasion.

Federally authorized flexible monitoring programs may be
followed for contaminant testing, and all test results must be
reported to customers.  DNR may also conduct source water
assessments and a voluntary source water protection program.

FISCAL NOTE:  Cost to General Revenue Fund of $109,688 for FY
1998, $5,450,000 for FY 1999, and $5,450,000 for FY 2000.

HCS HB 288 -- PUBLIC DRINKING WATER

CO-SPONSORS:  Wiggins (Lumpe)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Environment and Energy by a vote of 15 to 4.

This substitute makes several changes to public drinking water
law.

The Safe Drinking Water Commission, in conjunction with the
Clean Water Commission, will implement a program to provide
loans to community and other nonprofit drinking water systems in
accordance with the federal Safe Drinking Water Act.  The Safe
Drinking Water Commission will also certify public water system
operators.

Community and other non-transient water systems commencing
operation after October 1, 1999, or found in violation of
drinking water law must show that a permanent organization
exists to serve as a capable continuing operating authority.
All permits for drinking water systems will be reviewed with
change of ownership.

The Department of Natural Resources (DNR) may assess
administrative penalties for violations.  The maximum
administrative penalty is $1,000 per day for systems serving
10,000 or more persons and $250 per day for smaller systems, to
a maximum of $25,000 per violation.  Administrative penalties
may be appealed to the Safe Drinking Water Commission, and no
penalty will be assessed if a civil penalty was imposed or
before trying to resolve the violation through conference,
conciliation, and persuasion.

Federally authorized flexible monitoring programs may be
followed for contaminant testing, and all test results must be
reported to customers.  DNR may also conduct source water
assessments and a voluntary source water protection program.

FISCAL NOTE:  Cost to General Revenue Fund of $109,688 for FY
1998, $5,450,000 for FY 1999, and $5,450,000 for FY 2000.

PROPONENTS:  Supporters say that this bill is in response to the
1996 federal Safe Drinking Water Act.  Enactment is necessary to
continue state primacy in the enforcement of federal law and to
ensure eligibility for federal grants to establish a state
revolving loan fund for local drinking water systems.

Testifying for the bill were Representative Lumpe; David Shorr,
Director, Department of Natural Resources; National Association
of Water Companies; Missouri Rural Water Association; and
Missouri Coalition for the Environment.

OPPONENTS:  There was no opposition voiced to the committee.

Terry Finger, Research Analyst

HB 288 -- Public Drinking Water

Sponsor:  Lumpe

This bill makes several changes to public drinking water law.

The Safe Drinking Water Commission, with the approval of the
Clean Water Commission, will establish criteria for providing
loans to community and other nonprofit drinking water systems in
accordance with the federal Safe Drinking Water Act.  The Safe
Drinking Water Commission will also certify public water system
operators and backflow assembly testers.  Political subdivisions
are exempt from fees for drinking water laboratory services,
laboratory certification, and program administration charged by
the Department of Natural Resources (DNR) or the Department of
Health.

Community and other non-transient water systems commencing
operation after October 1, 1999, or found in violation of
drinking water law must show that a permanent organization
exists to serve as a capable continuing operating authority.
All permits for drinking water systems will terminate with
change of ownership.

DNR will conduct inspections of public water systems and cross--
connection control programs.  Federally authorized flexible
monitoring programs may be followed for contaminant testing, and
all test results must be reported to customers.

DNR may assess administrative penalties for violations.  The
maximum administrative penalty is $5,000 per day for systems
serving 10,000 or more persons and $250 per day for smaller
systems, to a maximum of $25,000 per violation.  Administrative
penalties may be appealed to the Safe Drinking Water Commission,
and no penalty will be assessed for minor violations or before
trying to resolve the violation through conference,
conciliation, and persuasion.  In cases where no administrative
penalty was assessed and collected, a civil penalty of up to
$5,000 per day may be imposed.

DNR may also conduct source water assessments and a voluntary
source water protection program.