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2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.078 - Definitions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.078. Definitions. —
As used in sections 319.075 to 319.090, the following terms mean:
(1)
"Authorized person"
:
(a) An employee of a public utility or an employee of a contractor which has been authorized by a public utility to perform construction, operation or maintenance on or near the poles or structures of such utility;
(b) An employee of a cable television or communication services company or an employee of a contractor authorized to make cable television or communication service attachments; or
(c) An employee of the state or a county or municipality which has authorized circuit construction, operation or maintenance on or near the poles or structures of a public utility;
(2)
"High voltage"
, electric potential in excess of six hundred volts measured between conductors or between a conductor and the ground;
(3)
"Overhead lines"
, all electrical conductors installed above ground;
(4)
"Person"
, an individual, firm, joint venture, partnership, corporation, association, municipality, or governmental unit which performs or contracts to perform any function or activity upon any land, building, highway or other premises in proximity to an overhead line;
(5)
"Public utility"
includes those entities defined as such in section 386.020 as well as municipally owned electrical systems and electric cooperatives provided for in chapters 91 and 394.
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(L. 1991 S.B. 214 & 264 § 2)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.080 - Activities within ten feet of power lines prohibited, exceptions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.080. Activities within ten feet of power lines prohibited, exceptions. —
Unless danger against contact with high voltage overhead lines has been guarded against as provided by section 319.083, no person, individually or through an agent or employee, shall store, operate, erect, maintain, move or transport any tools, machinery, equipment, supplies or materials or any other device that conducts electricity, within ten feet of any high voltage overhead line, or perform or require any other person to perform any function or activity upon any land, building, highway or other premises, if at any time during the performance thereof it could reasonably be expected that the person performing the function or activity could move or be placed within ten feet of any high voltage overhead line.
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(L. 1991 S.B. 214 & 264 § 3)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.083 - Special devices and precautions required — costs.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.083. Special devices and precautions required — costs. —
1. When any person desires to temporarily carry out any function or activity in closer proximity to any high voltage overhead line than is permitted by sections 319.075 to 319.090, the person or persons responsible for the function or activity shall notify the public utility which owns or operates the high voltage overhead line of the function or activity, and shall make appropriate arrangements with the public utility for temporary mechanical barriers, temporary deenergization and grounding of the conductors, temporary rerouting of electric current or temporary relocating of the conductors, before proceeding with any function or activity which would impair the clearances required by sections 319.075 to 319.090.
2. A person requesting a public utility to provide temporary clearances or other safety precautions shall be responsible for payment of those costs incurred by such utility in the temporary rerouting of electric current or the temporary relocating of the conductors. Upon request, a public utility shall provide a written cost estimate for the work needed to provide temporary clearances or other safety precautions. A public utility is not required to provide such clearances or other safety precautions until payment of the estimated amount has been made. Unless otherwise agreed to, a public utility shall commence work on such clearances or other safety precautions within seven working days after payment has been made.
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(L. 1991 S.B. 214 & 264 § 4)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.085 - Presumption of negligence, when, rebuttable.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.085. Presumption of negligence, when, rebuttable. —
If a violation of any of the provisions of sections 319.075 to 319.090 results in physical or electrical contact with any high voltage overhead line such violation shall be a rebuttable presumption of negligence on the part of the violator in the event such violation shall cause injury, loss or damage, and, notwithstanding any other law to the contrary, the public utility shall have the right of contribution against any such violator. In addition to any penalties provided herein, liability under common law may apply.
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(L. 1991 S.B. 214 & 264 § 5)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.088 - Exemptions from law.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.088. Exemptions from law. —
Sections 319.075 to 319.090 shall not apply to:
(1) Construction, operation or maintenance of power lines and telecommunications lines or authorized attachments thereto by an authorized person as defined in section 319.078; or
(2) Governmental entities responding to an emergency situation.
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(L. 1991 S.B. 214 & 264 § 6)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.090 - Violations, penalty.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.090. Violations, penalty. —
Any person who violates any of the provisions of sections 319.075 to 319.088 is guilty of a class B misdemeanor.
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(L. 1991 S.B. 214 & 264 § 7)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.105 - Standards to be developed by department for all new tanks and for upgrading existing tanks — no tanks to be installed until standards established, exceptions.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1989
319.105. Standards to be developed by department for all new tanks and for upgrading existing tanks — no tanks to be installed until standards established, exceptions. —
1. The department shall issue performance standards for underground storage tanks brought into use after August 28, 1989, and for upgrading existing underground storage tanks. The performance standards shall include, but shall not be limited to, design, construction, installation, piping, release detection, operation, and compatibility standards.
2. Until the standards promulgated by the department in subsection 1 of this section become effective, no person may install an underground storage tank for the purpose of storing or dispensing regulated substances unless:
(1) The tank will prevent releases of the stored regulated substances due to corrosion or structural failure for the operational life of the tank;
(2) The tank is cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of the stored regulated substance; and
(3) The tank has a
*
primary system of containment. The department may specify by rule the specific conditions and circumstances under which a secondary containment system may be required.
3. The operator shall ensure that the material used in the construction or lining of the tank is compatible with the substance to be stored.
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(L. 1989 H.B. 77, et al. § 3)
*Word "a" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.107 - Leak detection system and inventory control system, standards of performance and records, department to establish — owner to be reimbursed for testing and monitoring costs from storage tank insurance fund.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1994
319.107. Leak detection system and inventory control system, standards of performance and records, department to establish — owner to be reimbursed for testing and monitoring costs from storage tank insurance fund. —
The department shall establish standards of performance for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment. The department shall establish requirements for maintaining records of any such monitoring, leak detection, inventory control, or tank testing system. An owner or operator of an underground storage tank, including an out-of-service or nonoperational tank, not found to be the source of a release for which the department has ordered nonroutine testing, who cooperates with the department, shall be reimbursed for all reasonable direct costs, as determined by the director, related to the testing and monitoring costs associated with the detection of the alleged release incurred by such owner or operator, out of the underground storage tank insurance fund.
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(L. 1989 H.B. 77, et al. § 4, A.L. 1994 H.B. 1156)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.109 - Releases and corrective actions to be reported, standards — rules authorized.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2008, 2 histories
319.109. Releases and corrective actions to be reported, standards — rules authorized. —
The department shall establish requirements for the reporting of any releases and corrective action taken in response to a release from an underground storage tank, including the specific quantity of a regulated substance, which if released, requires reporting and corrective action. In so doing, the department shall use risk-based corrective standards which take into account the level of risk to public health and the environment associated with site-specific conditions and future land usage. The hazardous waste management commission is authorized to promulgate rules to implement this section, in accordance with section 319.137. By February 13, 2009, the hazardous waste management commission shall propose rules to implement the provisions of this section. To the extent there is a conflict between this section and section 644.143 or 644.026, this section shall prevail.
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(L. 1989 H.B. 77, et al. § 5, A.L. 1995 H.B. 251, A.L. 2004 S.B. 901, A.L. 2008 S.B. 907)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.111 - Closure of tanks, requirements — notice — department to establish.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1989
319.111. Closure of tanks, requirements — notice — department to establish. —
The department shall establish requirements for the closure of tanks, including notice prior to closure, to prevent future releases of regulated substances to the environment.
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(L. 1989 H.B. 77, et al. § 6)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.114 - Evidence of financial responsibility required to cover certain damages — rules to be established by department.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2016, 2 histories
319.114. Evidence of financial responsibility required to cover certain damages — rules to be established by department. —
1. The department shall establish rules requiring the owner or operator to maintain evidence of financial responsibility in an amount and form sufficient for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of an underground storage tank.
2. The form of the evidence of financial responsibility required by this section may be by any one, or any combination, of the following methods: cash trust fund, guarantee, insurance, surety or performance bond, letter of credit, qualification as a self-insurer, or any other method satisfactory to the department. In adopting requirements under this section, the department may specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing the evidence of financial responsibility.
3. The amount of financial responsibility required shall not exceed the amount required for compliance with Section 9003 of Subtitle I of the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended.
4. The total liability of a guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this section. Nothing in this subsection shall be construed to limit any other state or federal statutory, contractual, or common law liability of a guarantor to its owner or operator, including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under Section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 96-510), as amended, or other applicable law.
5. Except in cases of fraud or misrepresentation on the application for coverage, no owner or operator shall be denied benefits by the petroleum storage tank insurance fund or other provider of financial responsibility required by this section solely because the owner or operator's claim arises from a release of a regulated petroleum substance deemed incompatible with the underground storage tank system.
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(L. 1989 H.B. 77, et al. § 7, A.L. 2016 S.B. 657)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.120 - Certificate of registration required — issued when — term of certificate — application, forms — owner may operate prior to certification until issue or denial.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1989
319.120. Certificate of registration required — issued when — term of certificate — application, forms — owner may operate prior to certification until issue or denial. —
1. Except as provided for in sections 319.100 to 319.137, no person shall own or operate an underground storage tank unless a certificate of registration for its operation has been issued by the department. A certificate of registration shall be issued by the department when the applicant demonstrates compliance with the provisions of sections 319.100 to 319.137.
2. The department shall issue an initial certificate of registration for each underground storage tank the term for which shall not exceed five years. Certificate renewals shall be issued for a fixed term of five years.
3. Applications for certificates of registration and certificate renewals shall be made on forms prescribed and made available by the department.
4. Within one hundred twenty days after August 28, 1989, the department shall provide owners with a copy of information submitted pursuant to the notification requirements of section 319.103, and shall specify any additional information required to comply with section 319.103.
5. Owners may apply for certificates of registration either through the submission of information required by the department in accordance with subsection 4 of this section, or through submission of information submitted pursuant to section 319.103. Until the department issues or denies a certificate of registration, owners who have applied for a certificate in accordance with the requirements of this section may operate the tank for which the application for certification has been made, provided that the owner and the operation of the tank are in compliance with sections 319.100 to 319.137.
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(L. 1989 H.B. 77, et al. § 9 subsecs. 1 to 5)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.123 - Fee for certification, amount, deposit — underground storage tank regulation program fund established, purpose.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1989
319.123. Fee for certification, amount, deposit — underground storage tank regulation program fund established, purpose. —
Application for a certificate of registration shall be accompanied by a fee. The fee shall be fifteen dollars per tank per year assessed on a rotating basis during a five-year period. All fees collected under this subsection shall be placed in the "Underground Storage Tank Regulation Program Fund" which is hereby established in the state treasury. All moneys in the fund shall be used solely for expenses related to the administration of sections 319.100 to 319.137.
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(L. 1989 H.B. 77, et al. § 9 subsec. 6)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.125 - Certificate denied or invalidated by department, procedure, grounds.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2004
319.125. Certificate denied or invalidated by department, procedure, grounds. —
1. The department may deny or invalidate a certificate of registration issued under sections 319.120 and 319.123 if the department finds, after notice and a hearing pursuant to chapter 260, that the owner has:
(1) Fraudulently or deceptively registered or attempted to register a tank; or
(2) Failed at any time to comply with any provision or requirement of sections 319.100 to 319.137 or any rules and regulations adopted by the department in accordance with the provisions of sections 319.100 to 319.137.
2. Upon the action of the department to invalidate or refuse to issue a certificate, the department shall advise the applicant of his right to have a hearing before the hazardous waste management commission. The hearing shall be conducted in accordance with the procedures established in chapter 260.
3. When the department finds that a release from an underground storage tank presents, or is likely to present, an immediate threat to public health or safety or to the environment, it shall order correction of the problem, order cleanup or institute clean-up operations pursuant to the provisions of sections 260.500 to 260.550.
4. If the owner or operator fails to perform or improperly performs any action required by the department to abate or eliminate an immediate threat to public health or safety or to the environment, the department or an authorized agent of the department may take any and all necessary action to abate or eliminate such threat. In addition to any other remedy or penalty provided by sections 319.100 to 319.137 or any other law, the owner or operator shall be held strictly liable for the reasonable costs incurred by the department in taking any such action.
5. The denial of reregistration or the revocation of registration of any person participating in the underground storage tank insurance fund shall, upon completion of any appeal, terminate participation in the fund.
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(L. 1989 H.B. 77, et al. § 10, A.L. 2004 S.B. 901)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.130 - Public hearings required, when — training program requirements — record keeping — rulemaking authority.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2011
319.130. Public hearings required, when — training program requirements — record keeping — rulemaking authority. —
1. On or before April 1, 2012, the board of trustees of the petroleum storage tank insurance fund shall hold one or more public hearings to determine whether to create and fund an underground storage tank operator training program. The board shall consider at a minimum:
(1) Input from the department of natural resources, the department of agriculture, the board's advisory committee, and affected portions of the private sector;
(2) Relevant deadlines, time frames, costs, and benefits, including federal funding consequences for the state's underground storage tank regulatory program if such a training program is not implemented;
(3) Training programs already in existence in other states;
(4) Training programs already being used by tank owners and operators; and
(5) Such other factors as the board deems necessary and prudent.
2. If after completing the requirements of subsection 1 of this section, the board decides by majority vote to create and fund an underground storage tank operator training program, the training program shall at a minimum:
(1) Satisfy the federal requirements for such a program;
(2) Be developed in collaboration with the department of natural resources, the department of agriculture, the board's advisory committee, and affected portions of the private sector;
(3) Be offered at no cost to those who are required to participate;
(4) Specify standards, reporting, and documentation requirements; and
(5) Be established by rule.
3. The board may contract with one or more third parties to carry out the requirements of this section.
4. At any time after the board creates and funds the underground storage tank operator training program under subsection 2 of this section, the board may, by rule, modify or eliminate the program.
5. Any records created or maintained by the board as part of the underground storage tank operator training program created herein shall be public records under chapter 610 and shall be made readily available to the department of natural resources.
6. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2011, shall be invalid and void.
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(L. 2011 S.B. 135)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.133 - Annual payments by owners, amount established by rule, limitation — change of ownership, no new fee required — installment payments authorized, when — applicable rules — site assessment required, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2008, 2 histories
319.133. Annual payments by owners, amount established by rule, limitation — change of ownership, no new fee required — installment payments authorized, when — applicable rules — site assessment required, when. —
1. The board shall, in consultation with the advisory committee established pursuant to subsection 2 of section 319.131, establish, by rule, the amount which each owner or operator who participates in the fund shall pay annually into the fund, but such amount shall not exceed the limits established in this section.
2. Each participant shall annually pay an amount which shall be at least one hundred dollars per year but not more than five hundred dollars per year for any tank, as established by the board by rule.
3. No new registration fee is required for a change of ownership of a petroleum storage tank.
4. The board shall establish procedures where persons owning fifty or more petroleum storage tanks may pay any fee established pursuant to subsection 1 of this section in installments.
5. All rules applicable to the former underground storage tank insurance fund not inconsistent with the provisions of sections 319.100 to 319.137 shall apply to the petroleum storage tank insurance fund as of August 28, 1996.
6. The board may require any new applicant, who has not previously held private insurance or other form of financial responsibility for the petroleum storage tank for which application to the fund is made, to conduct a site assessment before participating in the fund. The board also may require such new applicants to pay a surcharge per year per tank from the date the tank was eligible for coverage under the fund, provided that each year's surcharge shall not exceed the surcharge that was actually in effect for that particular year.
7. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
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(L. 1989 H.B. 77, et al. § 12 subsecs. 10, 11, A.L. 1991 S.B. 91 & 317, A.L. 1996 S.B. 708, A.L. 1998 H.B. 1148, A.L. 2001 H.B. 453, A.L. 2008 S.B. 907)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.135 - No liability for release of petroleum at direction of coordinator, exception.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1989
319.135. No liability for release of petroleum at direction of coordinator, exception. —
No person shall be liable under sections 319.100 to 319.137 for damages as a result of actions taken or omitted in the course of rendering care, assistance or advice at the direction of a coordinator appointed by the department, with respect to an incident creating a danger to the public health or welfare or the environment as a result of any release of petroleum substances or the threat thereof. This section shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person or for reckless, willful, or wanton misconduct.
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(L. 1989 H.B. 77, et al. § 13)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.138 - Fund shall provide moneys for cleanup of petroleum storage tank contamination, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1999
319.138. Fund shall provide moneys for cleanup of petroleum storage tank contamination, when. —
Notwithstanding the provisions of section 319.100 and subdivision (1) of subsection 3 of section 319.131, the fund shall provide moneys for cleanup of contamination caused by the releases from piping or related equipment of a petroleum storage tank with a capacity of five thousand gallons or less when such retailer is the sole provider of retail fuels within a five-mile area. The costs of the cleanup must be incurred after April 1, 1999, and prior to April 1, 2000. The retailer must make application for participation in the fund by August 28, 1999.
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(L. 1999 H.B. 603, et al. § 3)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.140 - Task force on the petroleum storage tank insurance fund established, members, duties, meetings — expiration date.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
Effective - 28 Aug 2018
319.140. Task force on the petroleum storage tank insurance fund established, members, duties, meetings — expiration date. —
1. There is established a task force of the general assembly to be known as the "Task Force on the Petroleum Storage Tank Insurance Fund". Such task force shall be composed of eight members. Three members shall be from the house of representatives with two appointed by the speaker of the house of representatives and one appointed by the minority floor leader of the house of representatives. Three members shall be from the senate with two appointed by the president pro tempore of the senate and one appointed by the minority floor leader of the senate. Two members shall be industry stakeholders with one appointed by the speaker of the house of representatives and one appointed by the president pro tempore of the senate. No more than two members from either the house of representatives or the senate shall be from the same political party. A majority of the task force shall constitute a quorum.
2. The task force shall conduct research and compile a report for delivery to the general assembly by December 31, 2018, on the following:
(1) The efficacy of the petroleum storage tank insurance fund and program;
(2) The sustainability of the petroleum storage tank insurance fund and program;
(3) The administration of the petroleum storage tank insurance fund and program;
(4) The availability of private insurance for above- and below-ground petroleum storage tanks, and the necessity of insurance subsidies created through the petroleum storage tank insurance program;
(5) Compliance with federal programs, regulations, and advisory reports; and
(6) The comparability of the petroleum storage tank insurance program to other states' programs and states without such programs.
3. The task force shall meet within thirty days after its creation and organize by selecting a chairperson and vice chairperson, one of whom shall be a member of the senate and the other a member of the house of representatives. Thereafter, the task force may meet as often as necessary in order to accomplish the tasks assigned to it.
4. The task force shall be staffed by legislative staff as necessary to assist the task force in the performance of its duties.
5. The members of the task force shall serve without compensation but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their official duties.
6. This section shall expire on December 31, 2018.
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(L. 2018 H.B. 1364 merged with S.B. 659 merged with S.B. 782)
Expires 12-31-18
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.200 - Notice to cities and counties subject to earthquake to adopt seismic construction and renovation ordinances, when — standards.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1996
319.200. Notice to cities and counties subject to earthquake to adopt seismic construction and renovation ordinances, when — standards. —
1. Notwithstanding other provisions of law to the contrary, the state geologist and the U. S. Geological Survey shall notify the state emergency management agency of each city, town, village or county of this state which can be expected to experience an intensity of ground shaking equivalent to a Modified Mercalli of VII or above from an earthquake occurring along the New Madrid Fault with a potential magnitude of 7.6 on the Richter Scale, shall adopt an ordinance or order requiring that new construction, additions and alterations, as such term is defined by either the uniform building code or building officials and code administrators code, to existing buildings and structures within the city, town, village or county comply with the standards for seismic design and construction of the building officials and code administrators code or of the uniform building code. Each city, town, village or county required to adopt seismic design and construction provisions pursuant to this subsection shall adopt an ordinance or order requiring that new construction, additions and alterations, as such term is defined by either the uniform building code or building officials and code administrators code, comply with the standards for seismic design and construction of the 1990 or later edition of either the uniform building code or the building officials and code administrators code.
2. In no event shall sections 319.200 to 319.207 nor any ordinances or orders adopted by any city, town, village or county of this state be construed to mandate that existing buildings, by reason of any proposed addition or alteration, be further modified or reconstructed so as to comply with the current code relevant to seismic considerations. Seismic design criteria as to additions and alterations apply only to structural components constituting the addition or alteration and shall not be applied to require reconstruction or fortification of existing structures proposed to be altered. If any addition or alteration adversely affects portions of existing facilities which are not being altered, then those parts thus affected may require evaluation and possible reinforcement such that the additions or alterations will result in a structure that is at least as safe as it was prior to the additions or alterations.
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(L. 1990 S.B. 539 § 1 subsecs. 1, 6, A.L. 1991 S.B. 347, A.L. 1992 H.B. 1434 & 1490, H.B. 1574, A.L. 1996 S.B. 826)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.203 - Ordinance to apply to certain buildings, structures and state leases.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1991
319.203. Ordinance to apply to certain buildings, structures and state leases. —
1. The provisions of sections 319.200 to 319.207 shall apply to:
(1) All buildings upon which construction was begun after January 1, 1994, for which leases are executed by political subdivisions of this state;
(2) All buildings upon which construction was begun after January 1, 1994, for which leases are executed by the state or any institution of higher education, except that, this subdivision shall apply only to twenty-five percent of such leases executed between August 28, 1991, and January 1, 1996, and fifty percent of such leases executed between January 1, 1996, and January 1, 1998, and seventy-five percent of such leases executed between January 1, 1998, and January 1, 2000, and after January 1, 2000, this subdivision shall apply to all such leases. The commissioner of administration shall determine which leases shall be subject to the percentages established by this subdivision.
2. The provisions of sections 319.200 to 319.207 shall not apply to:
(1) Any building owned by the state, any institution of higher education, or any political subdivision upon which construction was begun or finished before August 28, 1991;
(2) Any private structure with less than ten thousand square feet in total area, except that this subdivision shall not operate to prevent a city, town, village or county from adopting an ordinance or order requiring that private structures with less than ten thousand square feet in total area comply with seismic design and construction standards of either the uniform building code or the building officials
*
and code administrators code; and
(3) Any single-family or duplex residence.
3. A city, town, village or county shall be deemed in compliance with the requirements of sections 319.200 to 319.207 when such town, city, village or county passes an ordinance or order requiring compliance with sections 319.200 to 319.207. Nothing in sections 319.200 to 319.207 requires the political subdivision to establish an inspection program.
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(L. 1990 S.B. 539 § 1 subsecs. 2, 3, 4, A.L. 1991 S.B. 347)
*Word "officials" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.205 - Notice to cities and counties required to adopt ordinance, contents.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1990
319.205. Notice to cities and counties required to adopt ordinance, contents. —
The commissioner of administration shall notify each city, town, village or county required under sections 319.200 to 319.207 to adopt an ordinance or order of its obligations under sections 319.200 to 319.207.
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(L. 1990 S.B. 539 § 1 subsec. 7)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.207 - Noncompliance to affect eligibility for state aid, loans, grants — attorney general to bring action to recover.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 1990
319.207. Noncompliance to affect eligibility for state aid, loans, grants — attorney general to bring action to recover. —
Beginning January 1, 1991, any city, town, village or county which can be expected to experience an intensity of ground shaking equivalent to a Modified Mercalli of VII or above from an earthquake occurring along the New Madrid Fault with a potential magnitude of 7.6 on the Richter Scale, and which does not comply with the requirements of sections 319.200 to 319.207 shall not be eligible to receive any state aid, assistance, grant, loan or reimbursement until compliance has been proven to the satisfaction of the commissioner of administration. The commissioner of administration shall notify the state treasurer and the attorney general of any city, town, village or county which, within ninety days after notice of noncompliance, does not comply with the requirements of sections 319.200 to 319.207. Upon receipt of notice of noncompliance by any city, town, village or county from the commissioner of administration, the state treasurer shall withhold any state aid, assistance, grant, loan or reimbursement otherwise due the city, town, village or county until that city, town, village or county has established compliance with sections 319.200 to 319.207 to the satisfaction of the commissioner of administration. The attorney general shall bring any action necessary to recover state aid, assistance, grant, loan or reimbursement received by a city, town, village or county not in compliance with the provisions of this act.
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(L. 1990 S.B. 539 § 1 subsec. 5)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.300 - Citation of law — purpose statement.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2007
319.300. Citation of law — purpose statement. —
Sections 319.300 to 319.345 shall be known as the "Missouri Blasting Safety Act". The purpose of sections 319.300 to 319.345 shall be to foster the safe use of explosives in mining and construction by establishing and enforcing consistent statewide industry standards for licensing of blasters and persons using explosives. The provisions of sections 319.300 to 319.345 or any rules or regulations promulgated thereunder shall not be construed to amend, supersede, or conflict with any requirement of federal law or regulation governing the manufacturing, transporting, or storage of explosives.
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(L. 2007 H.B. 298)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.309 - Explosives, use of, calculation of scaled distance to nearest uncontrolled structure required.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2007
319.309. Explosives, use of, calculation of scaled distance to nearest uncontrolled structure required. —
1. Any person using explosives in the state of Missouri shall calculate the scaled distance to the nearest uncontrolled structure. If more than one uncontrolled structure is the same approximate distance from the blast site, then the person using explosives may select one representative structure for calculation of scaled distance.
2. For the purposes of this section, the term
"uncontrolled structure"
shall not apply to the following:
(1) Buildings in a state of disrepair or neglect which are not being used as a permanent residence;
(2) Noncommercial storage sheds;
(3) Temporary structures;
(4) Any unoccupied mobile recreational vehicle, trailer, or camper;
(5) Agricultural barns, storage sheds, and animal shelters;
(6) Any building on mine property that is owned by the mine operator or contained on property leased by the mine operator.
3. In any instance when the scaled distance value is fifty-five or less, any person using explosives, except as provided in section 319.321, shall use at least one seismograph calibrated to the manufacturer's standard for use to record the ground vibration and acoustic levels that occur from the use of such explosives or explosive materials. When measuring ground vibration and acoustic levels, the seismograph shall be placed in the proximity of the nearest uncontrolled structure or, at the option of the person using explosives, closer to the blast site. If more than one uncontrolled structure is the same approximate distance from the blast site, then the person using explosives may select one representative structure for placement of the seismograph.
4. Any person using explosives who is voluntarily using a seismograph calibrated to the manufacturer's standard for use for all blasting is exempt from the requirements of this section.
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(L. 2007 H.B. 298)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.312 - Ground vibration limits to be followed, when — alternative compliance method — limit on acoustic values from blasting.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2007
319.312. Ground vibration limits to be followed, when — alternative compliance method — limit on acoustic values from blasting. —
1. (1) Any person using explosives in the state of Missouri in which monitoring with a seismograph is required, as provided in section 319.309, shall comply with ground vibration limits based on the U.S. Bureau of Mines Report of Investigations 8507, Appendix B.
(2) In lieu of the ground vibration limit established in subdivision (1) of this subsection, the person using explosives may submit a written request to the division of fire safety to use an alternate compliance method. Such written request shall be supported by sufficient technical information, which may include but not be limited to documented approval of such method by other federal, state, or local political subdivisions which regulate the use of explosives. Upon submittal by the person using explosives of a request to use an alternate compliance method, the state blasting safety board shall issue a written determination as to whether the technical information submitted provides sufficient justification for the alternate method to be used as a method of demonstrating compliance with the provisions of this section.
2. Any person using explosives in the state of Missouri in which monitoring with a seismograph is required, as provided in section 319.309, shall limit acoustic values from blasting to one hundred thirty-three decibels using a two hertz flat response measuring system based on the Office of Surface Mining Regulation 816.67(b)(1)(i).
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(L. 2007 H.B. 298)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.321 - Inapplicability of law, when.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2010, 2 histories
319.321. Inapplicability of law, when. —
Sections 319.309, 319.312, 319.315, and 319.318 shall not apply to:
(1) Universities, colleges, or trade schools when confined to the purpose of instruction or research;
(2) The use of explosive materials in the forms prescribed by the official U.S. Pharmacopoeia or the National Formulary and used in medicines and medicinal agents;
(3) The training or emergency operations of any federal, state, or local government including all departments, agencies, and divisions thereof, provided they are acting in their official capacity and in the proper performance of their duties or functions;
(4) The use of explosives by the military or any agency of the United States;
(5) The use of pyrotechnics, commonly known as fireworks, including signaling devices such as flares, fuses, and torpedoes;
(6) The use of small arms ammunition and components thereof which are subject to the Gun Control Act of 1968, 18 U.S.C. Section 44, and regulations promulgated thereunder. Any small arms ammunition and components thereof exempted by the Gun Control Act of 1968 and regulations promulgated thereunder are also exempted from the provisions of sections 319.300 to 319.345;
(7) Any person performing duties using explosives within an industrial furnace;
(8) The use of agricultural fertilizers when used for agricultural or horticultural purposes;
(9) The use of explosives for lawful demolition of structures;
(10) The use of explosives by employees, agents, or contractors of rural electric cooperatives organized or operating under chapter 394;
(11) Individuals discharging historic firearms and cannon or reproductions of historic firearms and cannon; and
(12) Any person using explosive materials along with a well screen cleaning device for the purpose of unblocking clogged screens of agricultural irrigation wells located within the southeast Missouri regional water district as created in section 256.643.
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(L. 2007 H.B. 298, A.L. 2010 S.B. 795)
2023 Missouri Revised Statutes › Title XXI - Public Safety and Morals › Chapter 319 - General Safety Requirements › Section 319.330 - Missouri explosives safety act administration fund created, use of moneys.

Title XXI PUBLIC SAFETY AND MORALS
Chapter 319
• Effective - 28 Aug 2007
319.330. Missouri explosives safety act administration fund created, use of moneys. —
There is hereby created in the state treasury the "Missouri Explosives Safety Act Administration Fund", which shall consist of all fees collected under sections 319.300 to 319.345, appropriations of the general assembly, federal grants, and private donations. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of sections 319.300 to 319.345. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund except that, at the end of each biennium and after all statutorily or constitutionally required transfer of funds have been made, the state treasurer shall transfer the balance in the fund, except for gifts, donations, bequests, or money received from a federal source, created in this section in excess of two hundred percent of the fund's previous fiscal year's expenditures into the state general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. The state fire marshal shall submit a report to the state blasting safety board and the public each year that describes the revenue created by fees established under the provisions of sections 319.300 to 319.345 and how the revenue was expended to enforce the provisions of sections 319.300 to 319.345, including the number of employees used and activities performed.
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(L. 2007 H.B. 298)