reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.418 - Special water protection area, procedure to establish.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.418. Special water protection area, procedure to establish. —
1. The department may establish special water quality protection areas where it finds a contaminant in a public water system in concentration which exceeds a maximum contaminant level established by the environmental protection agency pursuant to the Safe Drinking Water Act, as amended, or a maximum contaminant level established by the department pursuant to this chapter or sections 640.400 to 640.435 or a contaminant in surface or groundwater which exceeds water quality standards established pursuant to chapter 644, which presents a threat to public health or the environment. In making such a determination, the department shall consider the probable effect of the contaminant or contaminants on human health and the environment, the probable duration of the elevated levels of the contaminant, the quality, quantity and probable uses of surface or groundwater within the area, and whether protective measures are likely to prevent, mitigate or minimize the level of the contaminant in the surface or groundwater.
2. If the department determines that a special water quality protection area should be established, it shall consult with the interagency task force and with the public water system or systems affected and determine the boundaries of such area. When the boundaries of any such areas have been determined, the department shall, after a public hearing, issue an order designating the area as a special water quality protection area. Such an order shall include a geographic, hydrologic and stratigraphic definition of the area.
3. The department shall hold a public hearing or a public meeting within the area under consideration for designation as a special water quality protection area. The department shall notify every city and county within the proposed area and shall notify the public by press release and by publication of a notice in a newspaper of general circulation in the region.
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(L. 1989 S.B. 112, et al. § 7)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.420 - Special water protection area, information program to be established, purpose, duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.420. Special water protection area, information program to be established, purpose, duties. —
When a special water quality protection area has been established, the department shall implement an area informational program to help prevent, eliminate, mitigate or minimize the continued introduction of the contaminant or contaminants into the surface or groundwater.
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(L. 1989 S.B. 112, et al. § 8)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.423 - Designation as protection area removed, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.423. Designation as protection area removed, when. —
The department shall determine when the level of a contaminant or contaminants in a special water quality protection area does not exceed, and are not likely to exceed, the water quality standards established pursuant to sections 640.400 to 640.435 and this chapter and chapter 644. Upon such determination, the designation of an area as a special water quality protection area pursuant to section 192.300, sections 640.100, 640.120, and 640.400 to 640.435 shall be removed.
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(L. 1989 S.B. 112, et al. § 9)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.426 - Report by department annually, content.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.426. Report by department annually, content. —
The department shall prepare and submit to the general assembly and the governor an annual report which details the progress it has made in meeting the objectives of sections 640.400 to 640.435 and which contains recommendations in furtherance of the purposes and provisions of sections 640.400 to 640.435.
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(L. 1989 S.B. 112, et al. § 10)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.430 - Interagency task force established, members, meetings.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.430. Interagency task force established, members, meetings. —
1. The department shall establish an interagency task force consisting of the departments of health and senior services, conservation, agriculture, the University of Missouri, college of agriculture and such other departments and agencies as may be necessary to effectuate the purposes and provisions of sections 640.400 to 640.435.
2. The interagency task force shall meet at least semiannually. The department shall be the lead agency in matters related to surface and groundwater protection.
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(L. 1989 S.B. 112, et al. § 11)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.435 - Judicial review from final orders of department, procedure — duties of department not to conflict.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.435. Judicial review from final orders of department, procedure — duties of department not to conflict. —
1. Any person aggrieved by a final order of the department issued pursuant to sections 640.400 to 640.435 may seek judicial review in the manner provided by chapter 536.
2. The provisions of sections 640.400 to 640.435 shall not supersede the duties imposed under this chapter and chapter 644.
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(L. 1989 S.B. 112, et al. §§ 12, 13)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.600 - Grants in aid to certain public water supply sewer systems.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 06 Jun 1989, see footnote
640.600. Grants in aid to certain public water supply sewer systems. —
The state of Missouri may make direct grants to aid in the financing of any public water supply district, any sewer districts, any rural community water or sewer systems legally organized in the state or any municipal sewer system in any city, town, or village.
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(L. 1989 S.B. 444)
Effective 6-06-89
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.605 - Purpose of grants.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 1999
640.605. Purpose of grants. —
The grants may be made to districts or communities to assist in financing, including engineering and legal service costs, specific projects for construction, original or enlargement of supply, source water protection treatment, purification, storage and distribution facilities for water systems and collection, treatment, forced mains, lift stations and disposal facilities for sewage systems, or any other item necessary for the physical operation of the water or sewage systems where grant funds are necessary to reduce the project cost per user to a reasonable level. The grants may be made to supplement funds from loan proceeds or other private or public sources when such grants are not available through any other state or federal agency.
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(L. 1989 S.B. 444, A.L. 1999 S.B. 160 & 82)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.610 - Appropriation for grants made to the department of natural resources — to administer.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 06 Jun 1989, see footnote
640.610. Appropriation for grants made to the department of natural resources — to administer. —
Appropriations for such grants shall be made to the department of natural resources, who shall administer such grants for transmission to public water supply districts, sewer districts, rural community water or sewer systems, or municipal sewer systems to which the grant is made.
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(L. 1989 S.B. 444)
Effective 6-06-89
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.615 - Applicant to obtain primary source to finance project and then apply for grant — rules governing grants, authority of department.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 1999
640.615. Applicant to obtain primary source to finance project and then apply for grant — rules governing grants, authority of department. —
1. The applicant must first apply with the agency or other financial source which is to furnish the primary financial assistance, and after the amount of that assistance has been determined, an application for a grant hereunder may be made to and processed by the department of natural resources. The department of natural resources shall make the necessary rules and regulations for the consideration and processing of all grant requests, which shall generally conform to those used by federal grant and loan agencies, which rules shall be filed in the office of the secretary of state. The rules shall contain, but shall not be limited to, the following criteria:
(1) Preliminary engineer cost study;
(2) Bonded indebtedness of the district or community;
(3) The financial condition of the district or community;
(4) The cost per connection;
(5) The economic level in the district or community;
(6) The ratio of contracted users to potential users, which shall not be less than seventy-five percent;
(7) The number of acres being protected for any source water protection project.
2. No grant shall be finally approved until the applicant furnishes evidence of a commitment from the primary financial source.
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(L. 1989 S.B. 444, A.L. 1999 S.B. 160 & 82)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.620 - Limitation on grants — exceptions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2018, 2 histories
640.620. Limitation on grants — exceptions. —
In any case, the grant shall not be in excess of three thousand dollars per connection, or, in the case of a source water protection project, for more than twenty percent of the cost per acre for conservation reserve and, except as otherwise provided in this section, no district or system may receive more than one grant for any purpose in any two-year period. Grantees who received or who are receiving funds under the 1993-94 special allocation for flood-impacted communities are not subject to the prohibition against receiving more than one grant during any two-year period for a period ending two years after the final grant allocation for flood-impacted communities is received by that grantee.
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(L. 1989 S.B. 444, A.L. 1995 S.B. 228, A.L. 1999 S.B. 160 & 82, A.L. 2018 S.B. 659 merged with S.B. 782)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.648 - Right to private water systems and ground source systems retained, exceptions — right to rainwater collection systems retained.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2018, 2 histories
640.648. Right to private water systems and ground source systems retained, exceptions — right to rainwater collection systems retained. —
1. Notwithstanding any law to the contrary, all Missouri landowners retain the right to have, use, and own private water systems and ground source systems, including systems for potable water, anytime and anywhere including land within city limits, unless prohibited by city ordinance, on their own property so long as all applicable rules and regulations established by the Missouri department of natural resources are satisfied. All Missouri landowners who choose to use their own private water system shall not be forced to purchase water from any other water source system servicing their community.
2. Notwithstanding any law to the contrary, all Missouri landowners retain the right to have, use, and own systems for rainwater collection anytime and anywhere on their own property, including land within city limits.
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(L. 2001 H.B. 501 § 4 merged with S.B. 462 § 1, A.L. 2018 S.B. 782)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.657 - Annual computation of actual energy cost savings.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.657. Annual computation of actual energy cost savings. —
Annually, at the conclusion of each state fiscal year, each borrower pursuant to the provisions of sections 640.651 to 640.686 shall compute the actual energy cost savings resulting from the implementation of the energy conservation project financed by the loan or financial assistance. Energy cost savings shall be calculated in the manner prescribed by the department.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.660 - Loan repayment.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.660. Loan repayment. —
1. Each applicant to which a loan has been made under sections 640.651 to 640.686 shall repay such loan, with interest. The rate of interest shall be the rate required by the funding source. The number, amounts and timing of the payments shall be as determined by the department.
2. Any applicant which receives a loan or financial assistance through the provisions of sections 640.651 to 640.686 shall annually budget an amount which is at least sufficient to make the payments required under this section.
3. A school or local government shall not raise the funds needed to make the loan payment by the levy of additional taxes. The loan payments shall be derived from energy cost savings resulting from the project. In the event that energy cost savings resulting from the project fail to equal or exceed the amount of the payment, the school or local government and the department may renegotiate the terms of the loan or financial assistance in such a manner as to assure that the actual energy cost savings resulting from the project are applied to the loan or other financial assistance.
4. If a school district fails to remit a payment to the department in accordance with this section within sixty days of the due date of such payment, the department shall notify the department of elementary and secondary education to deduct such payment amount from the next regular apportionment of state funds to that district. That amount shall then immediately be deposited in the energy set-aside fund.
5. If a local government fails to remit a payment to the department in accordance with this section within sixty days of the due date of such payment, the department shall notify the director of the department of revenue to deduct such payment amount from the next regular apportionment of local sales tax distributions to that jurisdiction. Such amount shall then immediately be deposited in the energy set-aside fund.
6. All applicants having received loans pursuant to sections 640.651 to 640.686 shall remit the payments required by subsection 1 of this section to the department or such other entity as may be directed by the department. The department or such other entity shall immediately deposit such payments in the energy set-aside loan fund.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.663 - Record-keeping requirements for borrowers.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.663. Record-keeping requirements for borrowers. —
1. A borrower under the provisions of sections 640.651 to 640.686 shall establish on its books an energy conservation loan account. Information sufficient to indicate the receipt and expenditure of all funds authorized and allowed under the terms of the loan or other financial assistance shall be entered in this account. All records relating to such account shall be retained by the borrower for a period of three years thereafter.
2. The borrower shall maintain all internal records directly related to the loan or financial assistance and the project in such a way as to provide for proper auditing of the project.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.665 - Energy set-aside program fund.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2001
640.665. Energy set-aside program fund. —
1. The state treasurer shall establish, maintain, and administer a special trust fund to be administered by the department and to be known as the "Energy Set-aside Program Fund", from which applicants as determined by the department may seek and obtain loans and financial assistance. The department shall determine which applicants shall obtain loans or financial assistance as provided in sections 640.651 to 640.686.
2. All moneys duly authorized and appropriated by the general assembly, all moneys received from federal funds, gifts, bequests, donations or any other moneys so designated, all moneys received pursuant to sections 640.651 to 640.686, and all interest earned on and income generated from moneys in the fund shall be paid to and deposited in the energy set-aside program fund.
3. All principal deposits, as authorized in subsection 2 of this section, and all repayments of loans as specified in subsection 6 of section 640.660, to the energy set-aside program fund shall be available to be issued and reissued for loans and financial assistance as authorized by sections 640.651 to 640.686. After appropriation from the general assembly, the department may expend any fees or interest earned on the energy set-aside program fund for the administration of the department's energy responsibilities and activities.
4. The commissioner of administration shall disburse such moneys from the fund at such times as are authorized by the department.
5. Except as otherwise provided in sections 640.651 to 640.686, the provisions of section 33.080 requiring the transfer of unexpended funds to the general revenue fund of the state shall not apply to funds in the energy set-aside program fund.
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(L. 1995 H.B. 414, A.L. 2001 S.B. 451)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.668 - Transfer of funds from industrial/commercial energy conservation loan fund.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.668. Transfer of funds from industrial/commercial energy conservation loan fund. —
All moneys remaining in the industrial/commercial energy conservation loan fund on July 1, 1996, shall be transferred to the energy set-aside program fund.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.670 - Transfer of funds from local government energy conservation loan fund.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.670. Transfer of funds from local government energy conservation loan fund. —
All moneys remaining in the local government energy conservation loan fund on July 1, 1996, shall be transferred to the energy set-aside program fund.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.672 - Remittance for improper use of loan, procedure — failure to remit payment, collection, actions — audit of loan, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.672. Remittance for improper use of loan, procedure — failure to remit payment, collection, actions — audit of loan, when. —
1. Loans and financial assistance made pursuant to sections 640.651 to 640.686 shall be used only for the purposes specified in an approved application or loan agreement. In the event the department determines that loan or financial assistance funds have been expended for purposes other than those specified in an approved application or loan agreement or any event of default of the loan agreement occurs without resolution, the department director shall take appropriate actions to obtain the return of the full amount of the loan and all moneys duly owed or other available remedies.
2. Upon failure of a borrower to remit repayment to the department within sixty days of the date a payment is due, the director may initiate collection or other appropriate action through the provisions outlined in subsections 4 and 5 of section 640.660 when applicable.
3. When the borrower is an entity not covered under the collection procedures established in section 640.660, the director, with the advice and consent of the attorney general, may initiate collection procedures or other appropriate action pursuant to applicable law.
4. The department may, at its discretion, audit the expenditure of any loan or financial assistance made pursuant to sections 640.651 to 640.686 or the computation of any payments made pursuant to section 640.660.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.676 - Public and private partnership agreements.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.676. Public and private partnership agreements. —
1. The department director may secure other forms of financial assistance permissible by law and establish public and private partnerships with, but not limited to, financial institutions, performance contracting vendors, energy utilities and other energy providers, when such other financial assistance serves to further the implementation of energy conservation projects.
2. The director is authorized to negotiate agreements for the department to act in an administrative or monitoring capacity for an energy conservation project funded in part or in full by another source. The department may establish reasonable fees such as, but not limited to, application and processing fees to cover the costs of such administrative or monitoring role.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.678 - Administration of fund.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.678. Administration of fund. —
After three years from August 28, 1997, and every year thereafter, the department shall calculate the average unobligated balance of general revenue moneys in the fund. The department shall annually notify the state treasurer as to the amount of the average unobligated balance of general revenue moneys. The state treasurer shall transfer from the fund to the general revenue fund of the state an amount equal to the average unobligated balance of general revenue moneys less ten thousand dollars.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.680 - Administration of program moneys from sources other than appropriations.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.680. Administration of program moneys from sources other than appropriations. —
All moneys from sources other than state appropriations which are specified to be used for purposes identified under the provisions of sections 640.651 to 640.686 shall be handled in the same manner as moneys received through state appropriations unless otherwise required in agreements or regulations with the sources from which such moneys are obtained. The department director shall certify that the use of all such moneys and any required agreements or regulations are consistent with the intent of sections 640.651 to 640.686 and all other state and federal laws governing such moneys, agreements and regulations.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.682 - Revenue bonds, purpose.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.682. Revenue bonds, purpose. —
The department and the authority shall have the power to issue and sell revenue bonds to provide funds for the projects including costs necessarily incidental thereto.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.686 - Form, details and incidents of revenue bonds.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1995
640.686. Form, details and incidents of revenue bonds. —
1. When not inconsistent with the provisions of sections 640.651 to 640.686, the department and the authority, respectively, are authorized to prescribe the form, details and incidents of the bonds and to make such covenants as in their judgment may be advisable or necessary properly to secure the payment of the bonds.
2. The authority and the department shall have the power to perform all duties imposed upon the authority and the department by sections 640.651 to 640.686, including the making and collecting of sufficient rates and charges for the use of the project for which the bonds were issued.
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(L. 1995 H.B. 414)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.700 - Certain sections to apply only to facilities with a flush system.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.700. Certain sections to apply only to facilities with a flush system. —
Sections 640.700, 640.725, 640.730, 640.735 and 640.750 shall only apply to class IA facilities as defined by the department rules in effect as of January 30, 1996, which use a flush system.
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(L. 1996 H.B. 1207)
Effective 6-25-96
CROSS REFERENCE:
Farming corporations or cooperatives not to receive economic assistance, exceptions, 350.040
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.703 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.703. Definitions. —
For the purposes of sections 640.700 to 640.755, the following terms mean:
(1)
"Animal units"
, shall be defined by rules of the department in effect as of January 30, 1996;
(2)
"Animal waste wet handling facility"
, includes all gravity outfall lines, recycle pump stations, recycle force mains and appurtenances;
(3)
"Class IA"
, any concentrated animal feeding operation with a capacity of seven thousand animal units or more;
(4)
"Class IB"
, any concentrated animal feeding operation with a capacity between three thousand animal units and six thousand nine hundred and ninety-nine animal units inclusive;
(5)
"Class IC"
, any concentrated animal feeding operation with a capacity between one thousand animal units and two thousand nine hundred and ninety-nine animal units inclusive;
(6)
"Class II"
, any concentrated animal feeding operation with a capacity of at least three hundred animal units, but less than one thousand animal units;
(7)
"Department"
, the department of natural resources;
(8)
"Facility"
, any class IA concentrated animal feeding operation which uses a flush system;
(9)
"Flush system"
, a system of moving or removing manure utilizing liquid as the primary agent as opposed to a primarily mechanical or automatic device;
(10)
"Sensitive areas"
, areas in the watershed located within five miles upstream of any stream or river drinking water intake structure, other than those intake structures on the Missouri and Mississippi rivers.
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(L. 1996 H.B. 1207)
Effective 6-25-96
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.710 - Department to regulate facilities — rules — setback — exemption.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.710. Department to regulate facilities — rules — setback — exemption. —
1. The department shall promulgate rules regulating the establishment, permitting, design, construction, operation and management of class I facilities. The department shall have the authority and jurisdiction to regulate the establishment, permitting, design, construction, operation and management of any class I facility. Such rules may require monitoring wells on a site-specific basis when, in the determination of the division of geology and land survey, class IA concentrated animal feeding operation lagoons are located in hydrologically sensitive areas where the quality of groundwater may be compromised. Such rules and regulations shall be designed to afford a prudent degree of environmental protection while accommodating modern agricultural practices.
2. Except as provided in subsections 3 and 4 of this section, the department shall require at least but not more than the following buffer distances between the nearest confinement building or lagoon and any public building or occupied residence, except a residence which is owned by the concentrated animal feeding operation or a residence from which a written agreement for operation is obtained:
(1) For concentrated animal feeding operations with at least one thousand animal units, one thousand feet;
(2) For concentrated animal feeding operations with between three thousand and six thousand nine hundred ninety-nine animal units inclusive, two thousand feet; and
(3) For concentrated animal feeding operations of seven thousand or more animal units, three thousand feet.
3. All concentrated animal feeding operations in existence as of June 25, 1996, shall be exempt from the buffer distances prescribed in subsection 2 of this section. Such distances shall not apply to concentrated animal feeding operations which have received a written agreement which has been signed by all affected property owners within the buffer distance.
4. The department may, upon review of the information contained in the site plan including, but not limited to, the prevailing winds, topography and other local environmental factors, authorize a distance which is less than the distance prescribed in subsection 2 of this section. The department's recommendation shall be sent to the governing body of the county in which such site is proposed. The department's authorized buffer distance shall become effective unless the county governing body rejects the department's recommendation by a majority vote at the next meeting of the governing body after the recommendation is received.
5. Nothing in this section shall be construed as restricting local controls.
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(L. 1996 H.B. 1207)
Effective 6-25-96
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.715 - Notification by owners or operators, information required — department to issue permit, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2019, 2 histories
640.715. Notification by owners or operators, information required — department to issue permit, when. —
1. Prior to filing an application to acquire an operating permit for a new or expanded facility from the department, the owner or operator of any class IA, class IB, or class IC concentrated animal feeding operation shall provide the following information to the department, to the county governing body and to all adjoining property owners, via certified mail, of property located within three times the buffer distance as specified in subsection 2 of section 640.710 for the size of the proposed facility:
(1) The number of animals anticipated at such facility;
(2) The waste handling plan and general layout of the facility;
(3) The location and number of acres of such facility;
(4) Name, address, telephone number and registered agent for further information as it relates to subdivisions (1) to (3) of this subsection;
(5) Notice that the department will accept written comments from the public for a period of thirty days; and
(6) The address of the regional or state office of the department.
­­The department shall require proof of such notification upon accepting an application for an operating permit for a new or expanded facility. The department shall accept written comments from the public for thirty days after receipt of application for such permit.
2. The department shall not issue an operating permit to a facility described in subsection 1 of this section to engage in any activity regulated by the department unless the applicant is in compliance with sections 640.700 to 640.755.
3. The department shall issue an operating permit or respond with a letter of comment to the owner or operator of such facility within forty-five days of receiving a completed permit application and verification of compliance with subsection 1 of this section. No construction on a new or expanded facility shall commence until the department has issued an operating permit to the owner or operator of such facility.
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(L. 1996 H.B. 1207, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2019 S.B. 391)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.725 - Inspection of facility, when, records retention period — automatic shutoff system required.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2013
*640.725. Inspection of facility, when, records retention period — automatic shutoff system required. —
1. The owner or operator of any flush system animal waste wet handling facility shall employ one or more persons who shall once per week visually inspect the gravity outfall lines, recycle pump stations, recycle force mains, and appurtenances for any release to any containment structure required by section 640.730. The owner or operator shall also visually inspect once per day any lagoon whose water level is less than twelve inches from the emergency spillway. The owner or operator of the facility shall keep records of each inspection. Such records shall be retained for three years. The department shall provide or approve a form provided by the owner or operator for each facility for such inspections.
2. All new construction permits for flush system animal waste wet handling facilities shall have an electronic or mechanical shutoff of the system in the event of pipe stoppage. As of July 1, 1997, all existing flush system animal waste wet handling facilities shall have, at a minimum, an electronic or mechanical shutoff of the system in the event of pipe stoppage or backflow.
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(L. 1996 H.B. 1207, A.L. 2013 H.B. 28 merged with H.B. 542 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 8-28-13 (H.B. 542); 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 640 - Department of Natural Resources › Section 640.730 - Facility to have containment structure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.730. Facility to have containment structure. —
1. The owner or operator of every facility, with a flush system animal waste wet handling facility that poses a risk as determined by the department to any public drinking water supply or any aquatic life, or lies within a drainage basin and is within three hundred feet of any adjacent landowner, shall have a failsafe containment structure or earthen dam that will contain, in the event of an unauthorized discharge, a minimum volume equal to the maximum capacity of flushing in any twenty-four-hour period from all gravity outfall lines, recycle pump station and
*
recycle force mains.
2. Construction of such structure or dam, as provided in subsection 1 of this section, shall commence within ninety days of June 25, 1996.
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(L. 1996 H.B. 1207)
Effective 6-25-96
*Word "and" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.735 - Discharge to be reported, when, to whom.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.735. Discharge to be reported, when, to whom. —
Within twenty-four hours, any unauthorized discharge by a flush system animal waste wet handling facility that has crossed the property line of the facility or any unauthorized discharge by a flush system animal waste wet handling facility of which the failsafe containment structure or earthen dam has failed to contain and has crossed the property line of the facility, or enters waters of the state shall be reported to the department and to all adjoining property owners of the facility as listed on the site-specific permit.
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(L. 1996 H.B. 1207)
Effective 6-25-96
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.740 - Fund created — how money to be expended — abandoned property defined — transfer of fund to general revenue, prohibited.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.740. Fund created — how money to be expended — abandoned property defined — transfer of fund to general revenue, prohibited. —
There is hereby established in the state treasury the "Concentrated Animal Feeding Operation Indemnity Fund", to be known as the "fund" for the purposes of sections 640.740 to 640.747. All fees or other moneys payable pursuant to the provisions of section 640.745 or other moneys received including gifts, grants, appropriations, and bequests from federal, private or other sources made for the purpose of the provisions of this act
*
shall be payable to and collected by the director of the department of natural resources and deposited in this fund. The money in this fund, upon appropriation, shall be expended to close class IA, class IB, class IC and class II concentrated animal feeding operations as defined in the department's rules, that have been placed in the control of the government due to bankruptcy or failure to pay property taxes, or if the class IA, class IB, class IC or class II concentrated animal feeding operation is abandoned property.
"Abandoned property"
, for the purposes of this section, means real property previously used for, or which has the potential to be used for, agricultural purposes which has been placed in the control of the state, a county, or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default or settlement, including conveyance by deed in lieu of foreclosure, and has been vacant for a period of not less than three years. Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the Constitution and laws of this state. All income from such investments shall be deposited in the fund. Any unexpended balance in the fund at the end of any appropriation period shall not be transferred to the general revenue fund and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue funds of the state by the state treasurer.
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(L. 1996 H.B. 1207)
Effective 6-25-96
*"This act" (H.B. 1207, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.745 - Fee to be paid by facility owner/operator, when, amount — fund expended, how, limit — closure activities.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2019, 2 histories
640.745. Fee to be paid by facility owner/operator, when, amount — fund expended, how, limit — closure activities. —
1. The owner or operator of each class IA concentrated animal feeding operation utilizing flush systems shall remit to the department of natural resources a fee of ten cents per animal unit permitted to be deposited in the fund. The fee is due and payable to the department on the first anniversary of issuance of each owner or operator permit to operate such a facility and for nine years thereafter on the same date. The department of natural resources shall provide forms which such owner or operator shall use to file and pay this fee.
2. The fund shall be administered by the department for the purpose of carrying out the provisions of sections 640.700 to 640.755, relating to closure of class IA, class IB, class IC and class II concentrated animal feeding operation wastewater lagoons.
3. The fund administrators may only expend moneys for animal waste lagoon closure activities on real property which:
(1) Has been placed in the control of the state, a county, or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default or settlement, including conveyance by deed in lieu of foreclosure, and pose a threat to human health, the environment, or a threat to groundwater; and
(2) The state, county, or municipal government, or an agency thereof, has made reasonable and prudent efforts to remediate the property or sell said property to a qualifying purchaser.
4. The fund administrators shall expend no more than one hundred thousand dollars per lagoon for animal waste lagoon closure activities. The fund administrators shall only expend those moneys necessary to achieve a minimum level of closure and still protect human health and the environment. Closure activities shall include lagoon dewatering and removal of animal waste sludge, if any, both of which shall be land applied at a nutrient management application rate based on the most limiting nutrient as determined by Missouri clean water commission regulation. After dewatering, lagoons which are located in a drainage basin and are capable of meeting all applicable pond requirements of the Natural Resources Conservation Service (NRCS) with minimal additional expense should be maintained as a pond. Otherwise, the lagoon berms should be breached and graded in such a manner to reasonably conform to the surrounding land contours.
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(L. 1996 H.B. 1207, A.L. 2019 S.B. 391)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.747 - Closure, funds to be returned, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.747. Closure, funds to be returned, when. —
In the event the department determines that a class IA, class IB, class IC or class II concentrated animal feeding operation has been successfully closed by the owner or operator, all moneys paid by such operation into the concentrated animal feeding operation indemnity fund shall be returned to such operation.
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(L. 1996 H.B. 1207)
Effective 6-25-96
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.750 - Department to inspect, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 25 Jun 1996, see footnote
640.750. Department to inspect, when. —
The department shall conduct at least one on-site inspection of each facility quarterly.
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(L. 1996 H.B. 1207)
Effective 6-25-96
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.755 - Rulemaking, procedure — clean water commission to administer.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2001
640.755. Rulemaking, procedure — clean water commission to administer. —
1. No rule or portion of a rule promulgated under the authority of sections 640.700 to 640.755 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
2. Sections 640.700 to 640.755 shall be administered by the clean water commission pursuant to the provisions and requirements of chapter 644.
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(L. 1996 H.B. 1207, A.L. 2001 H.B. 501)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.758 - Does not apply to livestock markets.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 25 Jun 1996, see footnote
640.758. Does not apply to livestock markets. —
The provisions of this act
*
shall not be construed to apply to any livestock market.
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(L. 1996 H.B. 1207 § 2)
Effective 6-25-96
*"This act" (H.B. 1207, 1996) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
CROSS REFERENCE:
Farming corporations or cooperatives not to receive economic assistance, exceptions, 350.040
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.760 - Liquified manure, surface applied, required setback.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 28 Aug 2019
640.760. Liquified manure, surface applied, required setback. —
Notwithstanding any provision of law to the contrary, all liquified manure from a concentrated animal feeding operation that is purchased or received by a third party and is surface applied shall maintain an application setback of at least fifty feet from a property boundary, three hundred feet from any public drinking water lake, three hundred feet from any public drinking water well, three hundred feet from any public drinking water intake structure, one hundred feet from any perennial and intermittent streams without vegetation abutting such streams, and thirty-five feet from any perennial and intermittent streams with vegetation abutting such streams. If the department of natural resources promulgates rules providing for a distance requirement for the application of liquified manure from a concentrated animal feeding operation that is stricter than the provisions of this section, such rules shall apply to the spread of all liquified manure subject to the provisions of this section. Any violation of this section shall be subject to the penalties set forth in section 644.076.
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(L. 2019 S.B. 391 § 1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.010 - Short title.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1965
643.010. Short title. —
This chapter shall be known and may be cited as the "Missouri Air Conservation Law".
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(L. 1965 p. 335 § 1)