reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.325 - Certificate and sticker, commission to establish, display of, requirements.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1994
643.325. Certificate and sticker, commission to establish, display of, requirements. —
1. The commission shall establish, by rule, an emissions inspection certificate and an emissions inspection sticker which indicate that a vehicle has been inspected and given approval under sections 643.300 to 643.355. The commission shall also establish, by rule, requirements for display of the sticker on a motor vehicle and requirements for the replacement of a sticker or certificate which has been lost or stolen. The emissions inspection certificate and the emissions inspection sticker shall each bear, in a conspicuous place, the legend: "This inspection is mandated by your United States Congress."
2. Each emissions inspection station shall provide an emissions inspection certificate and emissions inspection sticker to the owner of a vehicle which has been inspected and approved under the emissions inspection program.
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(L. 1994 S.B. 590)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.330 - Vehicle failure on inspection, reinspection, charge — inspector to provide written estimate, cost of repairs — department to test facilities, violations.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 01 Sep 2007, see footnote
643.330. Vehicle failure on inspection, reinspection, charge — inspector to provide written estimate, cost of repairs — department to test facilities, violations. —
1. An owner whose vehicle fails, upon inspection, to meet the emissions standards specified by the commission may have the vehicle reinspected after making repairs or adjustments to the vehicle to reduce emissions.
2. No motor vehicle owner shall be charged an additional emissions inspection fee for one additional emissions reinspection completed within twenty consecutive days, excluding Saturdays, Sundays, and holidays, of the initial emissions inspection. Such fee only shall be waived or not charged if the reinspection is made by the station making the initial inspection.
3. The inspector shall provide in writing to the owner of a vehicle which fails, upon inspection, to meet the emissions standards, the nature of the vehicle's failure, the components or equipment responsible for the failure and the estimated cost of repair to the extent practical pursuant to rules promulgated by the commission.
4. The department shall cause unannounced tests of facilities which repair, service or maintain motor vehicle emissions components and equipments, including submitting known high emission vehicles with known defects for repair without prior disclosure to the repair facility. Any suspected violations of chapter 407 shall be reported by the department to the attorney general who shall institute appropriate proceedings under sections 407.095 and 407.100 regarding unlawful merchandising practices.
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(L. 1994 S.B. 590, A.L. 2006 S.B. 583)
Effective 9-01-07
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.337 - Oversight of vehicle emissions inspection program — report — rulemaking authority.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2006
643.337. Oversight of vehicle emissions inspection program — report — rulemaking authority. —
1. The department of natural resources and the state highway patrol shall provide oversight for the vehicle emissions inspection program, including oversight of the repair services provided by recognized repair technicians for such vehicles. The department and highway patrol may promulgate joint rules for the implementation of this subsection.
2. Beginning October 1, 2008, and every October first thereafter, the department and the highway patrol shall jointly submit an annual report to the general assembly detailing the oversight measures implemented for the program and data collected regarding compliance and incidents of fraud, and any recommendations for improvements to the program, including but not limited to statutory and regulatory changes.
3. 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, 2006, shall be invalid and void.
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(L. 2006 S.B. 583)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.340 - Operation of vehicle without registration, when allowed — vehicle emission inspection, lawful operation beyond registration expiration, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2008
643.340. Operation of vehicle without registration, when allowed — vehicle emission inspection, lawful operation beyond registration expiration, when. —
1. For the purpose of obtaining an emissions inspection only, a vehicle may be lawfully operated over the most direct route between the owner's usual domicile and an inspection station of the owner's choice, notwithstanding that the vehicle does not have a current state registration license.
2. A vehicle may be lawfully operated from an emissions inspection station to another place for the purpose of making repairs and back to the emissions inspection station, notwithstanding that the vehicle does not have a current state registration license.
3. For the purpose of obtaining an emissions inspection only, a vehicle may be lawfully operated for thirty days beyond the vehicle's registration expiration, notwithstanding that the vehicle does not have a current state registration license, if the vehicle is being driven to reset the vehicle's readiness monitors to pass the on-board diagnostic (OBD) emission inspection described in section 643.303. Vehicle operators shall keep a copy of the most recent failing OBD test results with them to present to law enforcement officers while they are operating the vehicle to reset the vehicle's readiness monitors. The late registration penalty fee described in section 301.050 shall still apply if the vehicle is registered after its current registration expires.
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(L. 1994 S.B. 590, A.L. 2008 S.B. 936)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.345 - Transfer of registration not allowed without emissions certificate, when — exceptions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1994
643.345. Transfer of registration not allowed without emissions certificate, when — exceptions. —
In the year in which an emissions inspection is required under section 643.315, a certificate of registration for a motor vehicle shall not be transferred, renewed or issued unless the application for the transfer, renewal or issuance is accompanied by a current emissions inspection certificate issued not more than sixty days prior to the date of application, except that the director of revenue shall renew a vehicle's certificate of registration without a current emissions inspection certificate accompanying the application if satisfactory documentary evidence is presented at the time of application that the registration being renewed was properly transferred within a six-month period prior to the expiration of the registration.
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(L. 1994 S.B. 590)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.350 - Inspection fee — contractor to remit portion, deposit in Missouri air emission reduction fund, use of, balance not to lapse — moneys may be deposited into general revenue fund, when — supplementation of funds.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 01 Sep 2007, see footnote
643.350. Inspection fee — contractor to remit portion, deposit in Missouri air emission reduction fund, use of, balance not to lapse — moneys may be deposited into general revenue fund, when — supplementation of funds. —
1. A fee, not to exceed twenty-four dollars, may be charged for an emissions inspection conducted under the emissions inspection program established pursuant to sections 643.300 to 643.355.
2. The fee shall be conspicuously posted on the premises of each emissions inspection station.
3. The commission shall establish, by rule, the portion of the fee amount to be remitted by the emission inspection station to the director of revenue and the number of days allowed for remitting fees.
4. The official emission inspection station shall remit the portion of fees collected, as established by the commission pursuant to this section, to the state treasurer within the time period established by the commission. The state treasurer shall deposit the fees received in the state treasury to the credit of the "Missouri Air Emission Reduction Fund", which is hereby created. Moneys in the fund shall, subject to appropriation, be expended for the administration and enforcement of sections 643.300 to 643.355 by the department of natural resources, the Missouri highway patrol, and other appropriate agencies. Any balance in the fund at the end of the biennium shall remain in the fund and shall not be subject to the provisions of section 33.080. All interest earned by moneys in the fund shall accrue to the fund. If in the immediate previous fiscal year, the state's net general revenue did not increase by two percent or more, the state treasurer may deposit moneys, except for gifts, donations, or bequests, received under this section beginning January first of the current fiscal year into the state general revenue fund. Otherwise, the state treasurer shall deposit such moneys in accordance with the provisions of this section.
5. In addition to funds from the Missouri air emission reduction fund, costs of capital or operations may be supplemented, upon appropriation, from the general revenue fund, the state highway department fund, federal funds or other funds available for that purpose.
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(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L. 2006 S.B. 583)
Effective 9-01-07
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.353 - Annual report on effectiveness of emissions inspection program, requirements.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2006
643.353. Annual report on effectiveness of emissions inspection program, requirements. —
Beginning January 15, 2008, and annually thereafter, the department of natural resources shall submit a report to the governor and general assembly that describes the overall effectiveness of the decentralized emissions inspection program. Such report shall be based upon the latest available data, including data derived from EPA model analysis. The report shall contain an interpretative analysis detailing whether or not the ambient air quality achieved by the decentralized emissions inspection program exceeds the ambient air quality achieved by the current centralized emissions inspection program.
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(L. 2006 S.B. 583)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.355 - Illegal acts, penalties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1999
643.355. Illegal acts, penalties. —
1. Any person who knowingly misrepresents himself or herself as an official emissions inspection station or an inspector or a recognized repair technician is guilty of a class C misdemeanor for the first offense and a class B misdemeanor for any subsequent offense. Any person who is found guilty or who has pleaded guilty to a violation of this subsection shall be considered to have committed an offense for the purposes of this subsection.
2. Any person who knowingly manufactures, conveys or possesses any counterfeit or illegally obtained emissions inspection certificate or a counterfeit or illegally obtained emissions inspection sticker is guilty of a class C misdemeanor for the first offense and a class B misdemeanor for any subsequent offense. Any person who is found guilty or who has pleaded guilty to a violation of this subsection shall be considered to have committed an offense for the purposes of this subsection.
3. Any person who knowingly displays or permits to be displayed, on any motor vehicle owned by such person, any counterfeit or illegally obtained emissions inspection sticker is guilty of an infraction.
4. Any person who knowingly uses any counterfeit or illegally obtained emissions inspection certificate for the purpose of obtaining any motor vehicle registration is guilty of an infraction for the first offense, a class C misdemeanor for the second offense and a class B misdemeanor for any subsequent offense.
5. Any person who knowingly operates a motor vehicle required to be inspected and approved pursuant to sections 643.300 to 643.355 without displaying a valid emissions inspection sticker as required pursuant to section 643.315 is guilty of an infraction for the first offense, a class C misdemeanor for the second offense and a class B misdemeanor for any subsequent offense.
6. Except as otherwise provided in this section, any person who violates a requirement of sections 643.300 to 643.355 or a rule promulgated to enforce sections 643.300 to 643.355 is guilty of an infraction.
7. The superintendent of the highway patrol may seize documents which the superintendent suspects are counterfeit or illegally obtained in violation of this section for the purpose of enforcing this section. Any person who violates any procedural requirement of sections 643.300 to 643.355 is subject to a fine, and such fine shall be not less than five times the amount of the fee charged pursuant to section 643.350 or one hundred dollars, whichever is greater, if the violation is intentional or one involving gross negligence.
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(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.400 - Polystyrene foam products made from ozone depleting chemical, sale or distribution, prohibited, penalty — effective when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
Effective - 01 Jan 1992, see footnote
643.400. Polystyrene foam products made from ozone depleting chemical, sale or distribution, prohibited, penalty — effective when. —
1. No food or beverage products shall be sold, offered for sale, or distributed in this state that are packaged, wrapped, or enclosed in a container manufactured from polystyrene foam produced using fully halogenated chlorofluorocarbons.
2. Any distributor in this state engaged in the sale or distribution of extruded polystyrene foam products manufactured using fully halogenated chlorofluorocarbons shall certify to the department of natural resources that such foam products are not in violation of subsection 3 of this section.
3. Beginning January 1, 1992, no person shall sell, offer for sale, or distribute in this state any product manufactured in whole or in part of thermoformed or other extruded polystyrene foam manufactured using any fully halogenated chlorofluorocarbon (CFC) found by the United States Environmental Protection Agency to be an ozone-depleting chemical, including but not limited to:
(1) Polystyrene packaging, wrapping, or containers;
(2) Polystyrene foam sheets;
(3) Polystyrene foam board.
4. A person violating this section shall be guilty of a class A misdemeanor. Each day of violation shall constitute a separate and distinct offense.
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(L. 1989 H.B. 438, et al. §§ 1, 2)
Effective 1-01-92
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.610 - Compact to be effective, when — commissioners, qualifications, terms, vacancies, how filled.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1967
643.610. Compact to be effective, when — commissioners, qualifications, terms, vacancies, how filled. —
1. Within thirty days after October 13, 1967, or within thirty days after the effective date of the act of the legislature of the state of Kansas enacting the Kansas-Missouri air quality compact, whichever date is later, the governor shall appoint five persons to be commissioners of the Kansas-Missouri air quality commission, created by compact between the states of Kansas and Missouri. All commissioners so appointed shall be qualified voters of the state of Missouri, and at least three commissioners shall reside within the district established by the compact. At no time shall more than one commissioner reside within the same county. Officers and employees of any state agency or commission having jurisdiction over air pollution control in the state of Missouri shall be eligible for appointment to the Kansas-Missouri air quality commission.
2. The commissioners appointed pursuant to subsection 1 of this section shall hold their respective offices for a term of four years, except that the commissioners first appointed shall hold their offices for terms as follows: Two for terms ending June 30, 1972, one for a term ending June 30, 1971, one for a term ending June 30, 1970, and one for a term ending June 30, 1969, and the governor in making the appointment shall designate the term for which each is to serve; and on July first of each year thereafter the governor shall appoint successors of like qualifications to fill the vacancies occurring by reason of the expiration of the terms of service as herein provided. In case of a vacancy on said commission, the governor shall appoint a successor of like qualifications for the unexpired term.
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(L. 1967 p. 297 § 2)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.620 - Commissioners, per diem allowed.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
Effective - 28 Aug 1967
643.620. Commissioners, per diem allowed. —
Commissioners appointed pursuant to section 643.610 shall receive for the time spent at meetings of the commission and in the performance of their duties as members of said commission a per diem allowance of twenty-five dollars regardless of whether such duties are performed or meetings are held within or without the state of Missouri. Such per diem shall be paid from amounts appropriated by the legislature for such purpose.
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(L. 1967 p. 297 § 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.006 - Citation of act.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 1973
644.006. Citation of act. —
This subchapter shall be known and may be cited as the "Missouri Clean Water Law".
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(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321)
Effective 7-23-73
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.011 - Statement of policy.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2015
644.011. Statement of policy. —
Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life and impairs domestic, agricultural, industrial, recreational and other legitimate uses of water, and whereas the problem of water pollution in this state is closely related to the problem of water pollution in adjoining states, and whereas this state must possess the authority required of states in the Federal Water Pollution Control Act, as amended, if it is to retain control of its water pollution control programs, it is hereby declared to be the public policy of this state to conserve the waters of the state and to protect, maintain, and improve the quality thereof for public water supplies and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses and for the propagation of wildlife, fish and aquatic life; to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate beneficial uses of such waters and meet the requirements of the Federal Water Pollution Control Act, as amended; to provide for the prevention, abatement and control of new or existing water pollution; and to cooperate with other agencies of the state, agencies of other states, the federal government and any other persons in carrying out these objectives. It is also the policy of this state to strive to meet these objectives while maintaining maximum employment and full industrial development of the state. The commission shall seek the accomplishment of these objectives through the prevention, abatement, and control of water pollution by all practical and economically feasible methods.
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(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2015 H.B. 92)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.018 - Reasonable use defined in cases involving surface water in flood-prone areas.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 09 Jun 1998, see footnote
644.018. Reasonable use defined in cases involving surface water in flood-prone areas. —
In any contested case or judicial proceeding filed after January 1, 1998, involving surface water in any flood-prone area, if any defendant has obtained and fully complied with a permit from a political subdivision which has enacted orders or ordinances as required by the Federal Emergency Management Agency as a prerequisite to participation in the National Flood Insurance Program, and which political subdivision has jurisdiction, pursuant to the zoning laws of this state or the laws and regulations of the Federal Emergency Management Agency, over the area in dispute, then the proper permitting and compliance with all conditions of such permitting of such project shall be conclusive proof that the project is a reasonable use and meets any reasonable-use test imposed by law or by a court.
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(L. 1998 H.B. 1161)
Effective 6-09-98
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.027 - Sewer districts and systems made available to political subdivisions, no restriction allowed on connecting to system.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 17 Apr 2001, see footnote
644.027. Sewer districts and systems made available to political subdivisions, no restriction allowed on connecting to system. —
Nothing in sections 644.006 through 644.150 shall be deemed to restrict, inhibit or otherwise deny the power of any city, town or village, whether organized under the general law or by constitutional or special charter, any sewer district organized under chapter 204 or chapter 249, any public water supply district organized under chapter 247, or any other municipality, political subdivision or district of the state which owns or operates a sewer system that provides for the collection and treatment of sewage, to require the owners of all houses, buildings or other facilities within a municipality, political subdivision or district to connect to the sewer system of the municipality, political subdivision or district when such sewer system is available.
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(L. 2001 S.B. 256)
Effective 4-17-01
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.029 - New water quality requirements, grandfathering provision.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2013
*644.029. New water quality requirements, grandfathering provision. —
The department shall allow an appropriate schedule of compliance for a permittee to make upgrades or changes to its facilities that are necessary to meet new water quality requirements. For publicly owned treatment works, schedules of compliance shall be consistent with affordability findings made under section 644.145. For privately owned treatment works, schedules of compliance shall be negotiated with the facilities recognizing their financial capabilities and shall reflect statewide performance expectations. The department shall incorporate new water quality requirements into existing permits at the time of permit renewal unless there are compelling reasons to implement these requirements earlier through permit modifications. All new permit applicants may be required to meet any new water quality standards or classifications prescribed by the commission.
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(L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.037 - Wetlands impact by nationwide permit, department to certify.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 09 Jun 1998, see footnote
644.037. Wetlands impact by nationwide permit, department to certify. —
Where applicable, under Section 404 of the federal Clean Water Act and where the U.S. Army Corps of Engineers has determined that a nationwide permit may be utilized, the department shall certify without conditions such nationwide permit as it applies to impacts on wetlands in this state.
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(L. 1998 H.B. 1161)
Effective 6-09-98
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.038 - Certification of nationwide permit by department, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2001
644.038. Certification of nationwide permit by department, when. —
Where applicable, under Section 404 of the federal Clean Water Act and where the U.S. Army Corps of Engineers has determined that a nationwide permit may be utilized for the construction of highways and bridges approved by the Missouri highways and transportation commission, the department shall certify without conditions such nationwide permit as it applies to impacts on all waters of the state.
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(L. 2001 H.B. 453 merged with H.B. 501)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.041 - Effluent regulations to be promulgated.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 23 Jul 1973, see footnote
644.041. Effluent regulations to be promulgated. —
As promptly as possible the commission shall adopt and promulgate reasonable effluent, pretreatment and toxic material control regulations which require the use of effective treatment facilities, or other methods to prevent water contamination, for each and every significant source, potential source, and classification of sources of water contaminants, or to limit or prevent introduction of water contaminants into publicly owned treatment works or facilities as required under any federal water pollution control act, throughout the state and thereafter may modify such regulations from time to time.
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(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321)
Effective 7-23-73
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.042 - Losing streams, a rebuttable presumption, how determined.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 09 Jun 1998, see footnote
644.042. Losing streams, a rebuttable presumption, how determined. —
The commission may adopt by rule a rebuttable presumption that any stream segment located within one mile upstream of a stream segment that has been determined by the commission to be a losing stream, as defined by the commission by rule, is also a losing stream until determined otherwise by the commission based upon the evidence. Except for the presumption authorized by the preceding sentence, the commission shall not adopt any presumption that any other stream segments are losing streams, and shall make any such determinations based on data applicable to such stream segments.
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(L. 1998 H.B. 1161 merged with S.B. 479 merged with S.B. 739)
Effective 6-9-98 (H.B. 1161); 8-28-98 (S.B. 479); 8-28-98 (S.B. 739)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.053 - Construction permit, fees — general construction permits by rule, fees not to exceed this section — animal feeding operation permit fees.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2000
*644.053. Construction permit, fees — general construction permits by rule, fees not to exceed this section — animal feeding operation permit fees. —
1. Persons applying for a construction permit issued pursuant to this chapter shall pay a construction permit fee as follows:
(1) Seven hundred fifty for a wastewater treatment plant if the design flow is less than five hundred dollars
**
thousand gallons per day;
(2) Two thousand two hundred dollars for a wastewater treatment plant if the design flow is equal to or more than five hundred thousand gallons per day;
(3) Seventy-five dollars for a sewer extension of less than one thousand lineal feet of pipe;
(4) Three hundred dollars for a sewer extension equal to or more than one thousand lineal feet of pipe; or
(5) Three hundred dollars for each sewage pumping station.
2. The applicant shall pay the highest appropriate fee pursuant to subdivisions (1) to (5) of subsection 1 of this section, but shall pay only pursuant to one subdivision regardless of the nature of the planned construction.
3. The commission may establish, by rule, general permits for construction and establish fees for such permits that shall not exceed the construction permit fees provided for in subsection 1 of this section.
4. Persons who apply for or possess an operator's certificate for treatment of wastewater or for concentrated animal feeding operation waste management shall pay fees of:
(1) Forty-five dollars for an application for a certificate of competency, including an initial exam and the issuance of an initial certificate of competency;
(2) Twenty dollars for an application for subsequent exams of the same certification type and level if the applicant fails the initial exam;
(3) Forty-five dollars for an application for a renewal of a certificate of competency;
(4) Forty dollars for an application for reciprocity with other certification programs; and
(5) Twenty-five dollars for the issuance of a reciprocated certificate of competency.
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(L. 1990 S.B. 582, A.L. 2000 S.B. 741)
*For effective and expiration dates for fees imposed by this section, see § 644.054.
**Word "dollars" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.054 - Fees, billing and collection — administration, generally — fees to become effective, when — fees to expire, when — variances granted, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2018, 6 histories
644.054. Fees, billing and collection — administration, generally — fees to become effective, when — fees to expire, when — variances granted, when. —
1. Fees imposed in sections 644.052 and 644.053 shall, except for those fees imposed pursuant to subsection 4 and subsections 6 to 13 of section 644.052, become effective October 1, 1990, and shall expire December 31, 2018. Fees imposed pursuant to subsection 4 and subsections 6 to 13 of section 644.052 shall become effective August 28, 2000, and shall expire on December 31, 2018. The clean water commission shall promulgate rules and regulations on the procedures for billing and collection. All sums received through the payment of fees shall be placed in the state treasury and credited to an appropriate subaccount of the natural resources protection fund created in section 640.220. Moneys in the subaccount shall be expended, upon appropriation, solely for the administration of sections 644.006 to 644.141. Fees collected pursuant to subsection 10 of section 644.052 by a city, a public sewer district, a public water district or other publicly owned treatment works are state fees. Five percent of the fee revenue collected shall be retained by the city, public sewer district, public water district or other publicly owned treatment works as reimbursement of billing and collection expenses.
2. The commission may grant a variance pursuant to section 644.061 to reduce fees collected pursuant to section 644.052 for facilities that adopt systems or technologies that reduce the discharge of water contaminants substantially below the levels required by commission rules.
3. Fees imposed in subsections 2 to 6 of section 644.052 shall be due on the date of application and on each anniversary date of permit issuance thereafter until the permit is terminated.
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(L. 1990 S.B. 582, A.L. 1994 H.B. 1156, A.L. 2000 S.B. 741, A.L. 2006 H.B. 1149 merged with S.B. 1165, A.L. 2009 H.B. 661 merged with H.B. 734, A.L. 2010 H.B. 1965, A.L. 2011 H.B. 89, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2018 S.B. 782)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.055 - Fees, nonpayment — penalty.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 1990
644.055. Fees, nonpayment — penalty. —
Any person who fails to pay the required fees shall be subject to a penalty of the amount of interest accrued on the unpaid fees at the rate of two percent for each month that the fee is delinquent. If the fees are not paid within six months of the due date, the attorney general of the state of Missouri shall initiate appropriate action for the collection of said fees and interest accrued. The court shall assess attorney fees and court costs against any delinquent permittee. All remaining moneys shall be placed in the appropriate subaccount of the natural resources protection fund.
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(L. 1990 S.B. 582)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.057 - Clean water fee structure review, requirements.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2023, 4 histories
*644.057. Clean water fee structure review, requirements. —
Notwithstanding any statutory fee amounts or maximums to the contrary, the director of the department of natural resources may conduct a comprehensive review and propose changes to the clean water fee structure set forth in sections 644.052, 644.053, and 644.061. The comprehensive review shall include stakeholder meetings in order to solicit stakeholder input from each of the following groups: agriculture, industry, municipalities, public and private wastewater facilities, and the development community. Upon completion of the comprehensive review, the department shall submit a proposed fee structure with stakeholder agreement to the clean water commission. The commission shall review such recommendations at the forthcoming regular or special meeting, but shall not vote on the fee structure until a subsequent meeting. In no case shall the clean water commission adopt or recommend any clean water fee in excess of five thousand dollars. If the commission approves, by vote of two-thirds majority or five of seven commissioners, the fee structure recommendations, the commission shall authorize the department to file a notice of proposed rulemaking containing the recommended fee structure, and after considering public comments, may authorize the department to file the order of rulemaking for such rule with the joint committee on administrative rules pursuant to sections 536.021 and 536.024 no later than December first of the same year. If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the following calendar year and the fee structures set forth in sections 644.052, 644.053, and 644.061 shall expire upon the effective date of the commission-adopted fee structure, contrary to section 644.054. Any regulation promulgated under this subsection shall be deemed to be beyond the scope and authority provided in this subsection, or detrimental to permit applicants, if the general assembly, within the first sixty calendar days of the regular session immediately following the filing of such regulation disapproves the regulation by concurrent resolution. If the general assembly so disapproves any regulation filed under this subsection, the department and the commission shall not implement the proposed fee structure and shall continue to use the previous fee structure. The authority of the commission to further revise the fee structure provided by this section shall expire on August 28, 2030. If the commission's authority to revise the fee structure as provided by this section expires, the fee structure in place at the time of expiration shall remain in place.
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(L. 2013 H.B. 28 merged with H.B. 650, A.L. 2014 S.B. 642, A.L. 2018 S.B. 782, A.L. 2023 S.B. 109)
*Authority to revise fee structure expires 8-28-30.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.058 - Water quality standards revised, when — evaluation to be conducted, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2014
644.058. Water quality standards revised, when — evaluation to be conducted, when. —
Notwithstanding the provisions of section 644.026 to the contrary, in promulgating water quality standards, the commission shall only revise water quality standards upon the completion of an assessment by the department finding that there is an environmental need for such revision. As part of the implementation of any revised water quality standards modifications of twenty-five percent or more, the department shall conduct an evaluation which shall include the environmental and economic impacts of the revised water quality standards and criteria on a subbasin basis. This evaluation shall be conducted at the eight-digit hydrologic unit code level. The department shall document these evaluations and use them in making individual site-specific permit decisions.
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(L. 2014 S.B. 642 merged with S.B. 664)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.059 - Agricultural storm water discharge exempt from permitting requirements — not considered unlawful.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2018
644.059. Agricultural storm water discharge exempt from permitting requirements — not considered unlawful. —
Agricultural storm water discharges and return flows from irrigated agriculture shall be exempt from permitting requirements set forth in sections 644.006 to 644.141. Agricultural storm water discharges and return flows from irrigated agriculture shall not be considered unlawful under subdivisions (1) and (2) of subsection 1 of section 644.051 unless such discharges or return flows have entered waters of the state and have rendered such waters harmful, detrimental, or injurious to public health, safety, or welfare, or to industrial or agricultural uses, or to wild animals, birds, or fish. For the purposes of this section, agricultural storm water discharges and return flows from irrigated agriculture shall include storm water and snow melt runoff, drainage, and infiltration, including water that leaves land as a result of the application of irrigation water, both surface and subsurface, from standard farming industry practices. This shall include but not be limited to cultivation and tillage of soil, and production, growing, raising, and harvesting of agricultural commodities and livestock. Nothing in this section shall be construed to effect, limit, or supersede sections 640.700 to 640.755 or any other law or regulation of concentrated animal feeding operations.
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(L. 2018 S.B. 782)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.060 - Processed recycled asphalt shingles — use without permit, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2022
644.060. Processed recycled asphalt shingles — use without permit, when. —
1. Processed recycled asphalt shingles, as defined in section 260.221, may be used for fill, reclamation, and other beneficial purposes without a permit under sections 644.006 to 644.141 if such processed recycled asphalt shingles are inspected for toxic and hazardous substances in accordance with requirements established by the department of natural resources, provided that processed recycled asphalt shingles shall not be used for such purposes within five hundred feet of any lake, river, sink hole, perennial stream, or ephemeral stream, and shall not be used for such purposes below surface level and closer than fifty feet above the water table.
2. This section shall not be construed to authorize the abandonment, accumulation, placement, or storage of recycled asphalt shingles or processed recycled asphalt shingles on any real property without the consent of the real property owner.
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(L. 2022 H.B. 2485)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.066 - Public hearings, how conducted — transcripts available — discovery proceedings — hearings before single commissioner, when — final orders, how approved.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2000
644.066. Public hearings, how conducted — transcripts available — discovery proceedings — hearings before single commissioner, when — final orders, how approved. —
1. At any public hearing all testimony taken before the commission shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any member of the public or to the respondent or party to a hearing on a complaint, or any party to a hearing on a petition for variance, or appealing any order or determination of the director upon payment of the usual charge therefor.
2. In any such hearing, any member of the commission or the hearing officer shall issue in the name of the commission notice of hearing and subpoenas. Subpoenas shall be issued and enforced as provided in section 536.077. The rules of discovery that apply in any civil case apply to hearings held by the commission.
3. (1) All hearings to promulgate standards, rules, limitations, and regulations and to establish areas of the state shall be held before at least four members of the commission;
(2) All other hearings may be held before one commission member designated by the commission chairman or by a hearing officer who shall be a member of the Missouri Bar and shall be appointed by the commission chairman. The hearing officer or commission member shall preside at the hearing and hear all evidence and rule on the admissibility of evidence. The hearing officer or commission member shall make recommended findings of fact and may make recommended conclusions of law to the commission;
(3) All final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission. Any commission member approving in writing any final order or determination or other final action, who did not attend the hearing, shall do so only after reviewing all exhibits and reading the entire transcript.
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(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.071 - Judicial review authorized.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 2012, 2 histories
644.071. Judicial review authorized. —
1. All final orders or determinations of the commission or the director made pursuant to the provisions of sections 644.006 to 644.141 are subject to judicial review pursuant to the provisions of chapter 536, except that, the provisions of section 536.110 notwithstanding, all actions seeking judicial review of any final order or determination of the commission or the director that relates to permits affecting a utility shall be filed in the court of appeals instead of in the circuit court. No judicial review shall be available, however, unless and until all administrative remedies are exhausted.
2. In any suit filed pursuant to section 536.050 concerning the validity of the commission's standards, rules and regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such standards, rules, limitations, and regulations and may hear such additional evidence as it deems necessary.
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(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741, A.L. 2011 H.B. 89, A.L. 2012 H.B. 1251)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.082 - Discharging water contaminants, permit required — violation, penalties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 28 Aug 1982
644.082. Discharging water contaminants, permit required — violation, penalties. —
It shall be unlawful for any person to operate, use or maintain and discharge water contaminants from any water contaminant or point source or wastewater treatment plant unless he holds a permit from the commission. Any person violating this section shall be deemed guilty of a misdemeanor and shall be fined upon conviction at least one hundred dollars and not more than five hundred dollars and shall be required to apply for such a permit within thirty days.
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(L. 1982 S.B. 646)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 644 - Water Pollution › Section 644.091 - State or its subdivisions not to contract with violator.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 644
• Effective - 23 Jul 1973, see footnote
644.091. State or its subdivisions not to contract with violator. —
1. No officer, agency or department of the state government, or of any political subdivision of this state shall enter into a contract with any person required to apply for a permit under the provisions of section 644.051 unless such person has applied for or received a permit pursuant to section 644.061.
2. No contract shall be entered into by any such governmental authority with any person who is held in contempt of any court order enforcing the provisions of sections 644.006 to 644.141.
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(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321)
Effective 7-23-73