Environmental & Energy Law

CCS/HCS/SB 23 – Creates the “Rebuild Damaged Infrastructure Program” to provide funding for the reconstruction, replacement, or renovation of, or repair to, any infrastructure damaged by a presidentially declared natural disaster.

Allows the cities of Farmington and Perryville to remove weeds or trash without a hearing or notice from a property that has more than one ordinance violation within a growing season for overgrown weeds or within a calendar year for trash.

The provisions of this act do not apply to lands owned by a public utility or any rights–of–way, easements or lands controlled by a railroad.

Prohibits counties from adopting a building code ordinance that conflicts with rules promulgated by the Missouri Propane Gas Commission. (See also Taxation Law) (Signed 7/5/13)

CCS/HCS/SB 342 – Modifies provisions affecting the Clean Water Law and mining near an accredited school. (See Local Government Law)

SS/SCS/HCS/HB 28 – Modifies provisions relating to the environment.

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.

Allows a county commission to adopt an ordinance issuing a burn ban and enact penalties upon a determination by the state fire marshal that a burn ban order is appropriate under certain circumstances.

Modifies disclosure requirements for any person applying for a permit to operate a solid waste facility. The disclosure statement requirement for permit renewals is repealed. 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.

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. 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. 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.

Repeals various requirements relating to hazardous waste permits.

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.

Modifies membership of the Hazardous Waste Management Commission.

For contested case administrative appeals relating to permits, 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.

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.

Also includes provisions relating to e.coli testing at swim beaches, concentrated animal feeding operations, the air conservation commission, clean water law, the clean water commission, state parks and the joint committee on solid waste management district operations. (Signed 7/12/13)

SS/SCS/HB 142 – Modifies provisions relating to customer-owned solar energy systems and solar rebate available to customers of electric utilities and energy efficiency programs. (Signed 7/3/13)

SS/SCS/HB 650 – Allows the Department of Natural Resources to use a fingerprint background search on persons seeking employment or permit issuance or renewal.

Transfers the Land Survey Program and the Land Survey Commission from the Department of Natural Resources to the Department of Agriculture.

Modifies the composition of the Dam and Reservoir Safety Council.

Allows the state treasurer to invest moneys in the State Park Leasing Fund in the same manner as other funds are invested.

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.

Creates the Multi-Purpose Water Resources Program Renewable Water Program Fund

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.

Modifies disclosure requirements for persons applying for a permit to operate a solid waste facility. (See summary of similar provisions under SS/SCS/HCS/HB 28, supra).

Also includes provisions relating to lead acid batteries, hazardous waste and the industrial minerals fee structure.

Also includes provisions relating to administrative appeals involving permits, documents report to the Joint Committee on Administrative Rules and e.coli testing. (See summary of similar provisions under SS/SCS/HCS/HB 28, supra). (Vetoed 7/12/13)