ENVIRONMENTAL & ENERGY LAW
SS/SCS/HB 1251 - Modifies provisions relating to natural resources.
STATE AUDITOR - Requires the State Auditor to conduct an audit of each solid waste management district in the state. The State Auditor may request reimbursement for the cost of the audit from the solid waste management district.
LAND SURVEY PROGRAM - Under current law, $1 of a $4 fee collected by county recorders is remitted to the state for purposes of administering state land survey duties by the Department of Natural Resources. The act creates the Missouri Land Survey Fund and directs the fee revenue into this fund.
The act modifies several of the land survey duties of the Department of Natural Resources.
The act changes the name of the Land Survey Advisory Committee to the Land Survey Commission and makes changes in the membership, terms and duties of the Commission. It also requires the Attorney General to advise the Commission upon its request and represent the Commission in legal proceedings.
The act allows revenue from sales of the department’s surveying information to be deposited in the Department of Natural Resources Revolving Services Fund and expands what the Fund may be used for.
Further includes provisions relating to:
A COUNTY DRINKING WATER SUPPLY LAKE AUTHORITY IN CHRISTIAN COUNTY
THE STATE OIL & GAS COUNCIL
SOLID WASTE FEES
HAZARDOUS WASTE - Allows the Missouri Hazardous Waste Commission to promulgate rules that exceed the federal Resource Conservation and Recovery Act (RCRA) only under certain conditions, otherwise the Commission is prohibited from promulgating any state regulation that either exceeds certain requirements under RCRA or that implements a requirement before RCRA requires implementation.
By December 31, 2013, the Department of Natural Resources must identify any of its rules that are inconsistent with the act and must thereafter amend any such rule. After December 31, 2015, any inconsistent rule becomes unenforceable.
The Department may not selectively exclude any or part of any state hazardous waste regulation in certain authorization applications to the U.S. Environmental Protection Agency.
TRANSPORTING RADIOACTIVE WASTE - Modifies the method by which fees for transporting radioactive waste by truck are assessed.
MISSOURI EMERGENCY RESPONSE COMMISSION - Extends the sunset for fees that certain employers and business that store, use, produce, or transport petroleum and other hazardous materials pay to the Missouri Emergency Response Commission are set to August 28, 2018.
Employers required to report hazardous substances, known as Tier II filers, may request the Commission to distribute the report to the local emergency planning committees and fire departments by paying a $10 fee for each facility listed which shall not be applied to the employer’s fee cap.
ENACTS VARIOUS CHANGES IN LAWS RELATING TO THE MISSOURI PROPANE EDUCATION & RESEARCH COUNCIL
COMMERCIAL ACTIVITIES IN STATE PARKS - Current law prohibits any person from conducting commercial activities within a state park except with written permission or if under a concession contract. This act creates an exception for organizations that use public roads to transport people, vehicles, or canoes.
ADMINISTRATIVE HEARING COMMISSION - Under current law, the Administrative Hearing Commission (ARC) must make a recommended decision within 60 days of the filing date of an appeal of a decision made by an environmental commission. The act modifies this timeframe by giving the AHC up to 90 days to hold hearings and up to 120 days to make a recommended decision. The act allows these timeframes to be further extended at the request of the permittee.
Under current law, an environmental commission must issue its final decision with regard to an appeal that went to the ARC within 90 days of the date the appeal was filed. The act extends this timeframe to 180 days and allows the timeframe to be further extended at the request of the permittee.
ENVIRONMENTAL PERMIT ISSUANCE TIMEFRAMES - Currently, if state law requires the Department of Natural Resources to issue an environmental permit within a certain timeframe and the department fails to do so, it must issue the permit on the first day following the expiration of the timeframe. The act modifies this provision so that the requirement to automatically issue the permit only applies at the request of the permit applicant.
PUBLIC DRINKING WATER FEES - Under current law, the authority expires on September 1, 2012, for the Department of Natural Resources to impose an annual per customer fee for connections to a public water system. This act extends the expiration date to September 1, 2017.
JUDICIAL REVIEW OF AIR PERMITS - Current law requires any actions filed in a court of law seeking judicial review of final decisions made by the Air Conservation Commission to be made in the court of appeals rather than in the circuit court. The act limits this requirement to only actions seeking judicial review of decisions relating to certain types of operating or construction permits, including Part 70, prevention of significant deterioration, major nonattainment area source, or major new source review; otherwise the action is filed in circuit court.
ASBESTOS - Provides an exemption to certain asbestos-related state requirements for businesses that regularly engage in asbestos abatement at their locations and that are subject to federal laws relating to construction work and asbestos. The exemption applies to state requirements for: certification of certain individuals for asbestos-related work, accreditation for asbestos-related training programs, registration as an asbestos abatement contractor, and notification of the Department of Natural Resources for certain-sized asbestos abatement projects. Certain entities are not eligible for the exemption.
To receive the exemption, businesses must submit to the Department of Natural Resources information about their asbestos-related employee training programs and their asbestos abatement projects. If the Department determines that the entity does not qualify for the exemption, it may deny the exemption but must notify the entity of the denial within a 180-day timeframe. Entities whose exemptions are denied may appeal. Exempted entities must submit a one-time fee of $250 for the exemption and must submit documentation of any significant changes as they occur over time in their asbestos-related training programs. Entities that receive an exemption before August 28, 2012, are exempt from the fee.
The act allows staff of the Department of Natural Resources to attend, without prior notice, any asbestos-related training programs of exempted entities.
WATER POLLUTION CONTROL - Adds a definition for “general permit template,” which is a draft general permit that is developed with public participation.
Requires that certain persons who participated in the public participation process for the promulgation of rules by the Clean Water Commission must also be able to provide additional comments or response at the Commission’s meeting at which the proposed rule receives a vote to become final.
Repeals requirements for the solicitation of input from permit holders and potential permit applicants when the Clean Water Commission is developing or renewing a general permit or a permit by rule for an aquaculture facility. The act also removes a provision that provides that aquaculture facilities only need a general permit unless the applicant requests a site-specific permit.
Current law requires applications for renewal of an operating permit to be filed at least 180 days before the currently valid operating permit expires. The act makes the 180-day requirement applicable only to site-specific operating permits and reduces the renewal filing time requirement to 30 days in advance of the expiration date for renewals of general permits. The act allows general permits to be acquired electronically once available by the Department.
Beginning January 1, 2013, the Department of Natural Resources must comply with certain public participation requirements when issuing a new general permit or when reissuing a general permit for aquaculture, land disturbance, or for general permits under which 50 or more permits were issued during the preceding 5-year period. The act includes requirements for public notice, time frames for holding a public meeting and accepting public comments, and electronic notification of current permittees of the general permit that is being modified.
JUDICIAL REVIEW OF WATER PERMITS - Current law requires any actions filed in a court of law seeking judicial review of final decisions made by the Clean Water Commission to be made in the court of appeals rather than in the circuit court. The act limits this requirement to only actions seeking judicial review of decisions relating to water pollution control permits for utilities; otherwise the action shall be filed in circuit court.
CHANGES LAWS RELATING TO CERTAIN AFFORDABILITY FINDINGS REQUIRED MADE BY DNR - The act gives the permit applicant the opportunity to review the department’s affordability finding and suggest changes. Reasonable time spent on the affordability finding shall be considered in addition to the department’s required permit review time frames.
PRESSURE VESSELS - Modifies laws that exempt certain-sized pressure vessels from regulation.
ANEMOMETER TOWERS - Requires certain safety marking of anemometer towers (wind speed testing towers) that are located outside of city limits and that are 50 feet or more in height.
NEWSPAPER PUBLISHERS - Repeals Section 260.255 which requires certain newspaper publishers to file a statement with the Department of Natural Resources declaring whether or not they have complied with recycled paper content percentage requirements.
The act includes an emergency clause for Section 577.073, relating to commercial activities in state parks. (Signed 7/10/12)
HCS#2/HB 1462 - Under current law, a producer is eligible to receive payments from the Missouri Qualified Biodiesel Producer Incentive Fund for 60 months unless it fails to receive the full amount due to a lack of appropriations, in which case it is eligible for up to 24 additional months. This act allows a producer’s eligibility to receive payments to continue indefinitely until the full amount has been received. (Signed 7/5/12)
SS/HCS/HB 1647 – Modifies provisions relating to hazardous waste. (See Local Government). (Signed 7/10/12)