reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.102 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 09 Jun 1998, see footnote
640.102. Definitions. —
When used in sections 640.100 to 640.140 and in rules promulgated under authority of sections 640.100 to 640.140, the following words and phrases shall have the meanings ascribed to them in this section:
(1)
"Commission"
, the safe drinking water commission established in section 640.105;
(2)
"Conference, conciliation and persuasion"
, a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;
(3)
"Customer"
, any person who receives water from a public water system, except those persons receiving water for resale;
(4)
"Director"
, the director of the department of natural resources;
(5)
"Person"
, any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government or any other legal entity, which is recognized by law as the subject of rights and duties;
(6)
"Public water system"
, a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days per calendar year. Such system includes any collection, treatment, storage or distribution facilities used in connection with such system.
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(L. 1992 H.B. 1393, A.L. 1998 H.B. 1161)
Effective 6-09-98
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.105 - Commission established, members appointed — organization — reimbursement for expenses.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1992
640.105. Commission established, members appointed — organization — reimbursement for expenses. —
1. The "Safe Drinking Water Commission" is hereby established within the department of natural resources and shall be composed of nine persons. All members of the commission shall be representative of the general interest of the public or of public water systems. Nine members shall be appointed by the governor with the advice and consent of the senate. Four members shall be associated with the operation of public water systems, one of which shall be associated with a water system serving a population of seventy-five or less, one of which shall be associated with a water system serving a population greater than seventy-five but not more than two thousand five hundred, one of which shall be associated with a water system serving a population greater than two thousand five hundred and less than one hundred thousand, and one of which shall be associated with a water system serving a population of more than one hundred thousand; and five members shall represent the water consuming public. All members shall have demonstrated an interest and knowledge about water quality, and, to the greatest extent possible, the various associations representing water suppliers of the size classes referred to in this section shall be represented on the commission. All members shall be qualified by interest, education, training or experience to provide, assess and evaluate scientific and technical information concerning drinking water, financial requirements and the effects of the promulgation of standards, rules and regulations.
2. At the first meeting of the commission, and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman. The commission shall hold at least four regular meetings each year and such additional regular meetings as the chairman deems desirable. Special meetings may be called by the chairman or by the director of the department of natural resources. Five members shall constitute a quorum. The members' terms shall be four years and until their successors are selected and qualified, except that of the original members appointed, four members shall serve a term of two years and five members shall serve a term of four years. Thereafter, all members appointed shall serve a term of four years. There is no limitation on the number of terms a member may serve. If a vacancy occurs, the governor, with the advice and consent of the senate, may appoint a member for the remaining portion of the unexpired term created by the vacancy.
3. The members of the commission shall be reimbursed for travel and other actual and necessary expenses incurred in the performance of their duties.
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(L. 1978 S.B. 509 § 192.185, A.L. 1992 H.B. 1393)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.110 - Fund established — deposits, disbursements — unexpended balance not transferred.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1992
640.110. Fund established — deposits, disbursements — unexpended balance not transferred. —
There is hereby established in the state treasury the "Safe Drinking Water Fund". All fees or other moneys payable under the provisions of section 192.320 and sections 640.100 to 640.140 shall be payable to and collected by the director of the department of revenue and deposited in the safe drinking water fund. The money in the safe drinking water fund, after appropriation, shall be expended upon proper warrants issued by the commissioner of administration for the payment of salaries and expenses, including any fee or payment necessary for carrying out the provisions of section 192.320 and sections 640.100 to 640.140. 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 safe drinking water fund. Any unexpended balance in the safe drinking water 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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(RSMo 1939 § 9752, A. 1949 S.B. 1051, A.L. 1978 S.B. 509 § 192.190 subsec. 1, A.L. 1992 H.B. 1393)
Prior revisions: 1929 § 9032; 1919 § 5788
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.116 - Exemption from rules, system exclusively serving charitable or benevolent organization, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2011
640.116. Exemption from rules, system exclusively serving charitable or benevolent organization, when. —
1. Any water system that exclusively serves a charitable or benevolent organization, if the system does not regularly serve an average of one hundred persons or more at least sixty days out of the year and the system does not serve a school or day-care facility, shall be exempt from all rules relating to well construction except any rules established under sections 256.600 to 256.640 applying to multifamily wells, unless such wells or pump installations for such wells are determined to present a threat to groundwater or public health.
2. If the system incurs three or more total coliform maximum contaminant level violations in a twelve-month period or one acute maximum contaminant level violation, the system owner shall either provide an alternate source of water, eliminate the source of contamination, or provide treatment that reliably achieves at least ninety-nine and ninety-nine one-hundredths percent treatment of viruses.
3. Notwithstanding this or any other provision of law to the contrary, no facility otherwise described in subsection 1 of this section shall be required to replace, change, upgrade, or otherwise be compelled to alter an existing well constructed prior to August 28, 2011, unless such well is determined to present a threat to groundwater or public health or contains the contaminant levels referred to in subsection 2 of this section.
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(L. 2011 H.B. 250 merged with S.B. 135)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.125 - Test results to be reported — records to be retained — notices — information to be provided.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 09 Jun 1998, see footnote
640.125. Test results to be reported — records to be retained — notices — information to be provided. —
1. The public water system shall report to the department of natural resources the results of all tests required by the state drinking water regulations and shall report to each customer in accordance with the federal Safe Drinking Water Act, as amended, and regulations promulgated thereunder.
2. Any owner or operator of a public water system subject to the provisions of section 192.320 and sections 640.100 to 640.140 shall retain in its premises, or at a convenient location near its premises, for a period of time specified by the department of natural resources the following records: records of operation; records of bacteriological analyses; records of chemical and physical analyses made pursuant to section 192.320 and sections 640.100 to 640.140; records of action taken by the system to correct violations of state drinking water rules and regulations; copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, state or federal agency; and records concerning a variance or exemption granted to the system. If a public water system fails to comply with the state drinking water rules and regulations, monitoring requirements, or has been granted a variance or exemption, or fails to comply with the schedule or conditions prescribed pursuant to a variance or exemption, the department of natural resources shall require the supplier of water to notify its users and the public of the extent and nature of the noncompliance. Notification shall be in form and manner prescribed or otherwise approved by the department of natural resources.
3. When an investigation of any water supply, plant or methods used is undertaken by the department of natural resources, the person in charge of the water supply shall furnish on demand to the department such information as the rules and regulations promulgated require to determine the quality of the water being dispensed.
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(L. 1978 S.B. 509 § 192.204, A.L. 1998 H.B. 1161)
Effective 6-09-98
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.128 - Voluntary reporting by permit holders, department to notify local and state health departments of potential risks.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 11 Jul 2011, see footnote
640.128. Voluntary reporting by permit holders, department to notify local and state health departments of potential risks. —
If an entity that holds a permit issued under chapter 644 or under sections 640.100 to 640.140 voluntarily reports to the department of natural resources the results of any water quality testing conducted by the entity, and such results indicate a potential risk to public health, the department shall immediately notify the local public health authority and the department of health and senior services.
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(L. 2011 H.B. 89)
Effective 7-11-11
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.130 - Emergencies — actions to be taken — water systems in violation, penalties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 09 Jun 1998, see footnote
640.130. Emergencies — actions to be taken — water systems in violation, penalties. —
1. Whenever the department of natural resources determines that an emergency exists which endangers or could be expected to endanger the public health and safety with regard to drinking water supplies, the department of natural resources may, without notice or hearing, issue an order reciting the existence of such a condition and requiring the person to take such action as will lessen or abate the danger. Notwithstanding any provisions of section 192.320 and sections 640.100 to 640.140, such order shall be effective immediately.
2. At the request of the department, the attorney general may bring an injunctive action or other appropriate action in the name of the people of the state to enforce provisions of section 192.320 and sections 640.100 to 640.140, the rules promulgated pursuant to section 192.320 and sections 640.100 to 640.140 and the orders of the department of natural resources issued pursuant to section 192.320 and sections 640.100 to 640.140.
3. Whenever the department of natural resources determines that a public water system is in violation of sections 640.100 to 640.140, or any rules promulgated pursuant thereunder, the department of natural resources may issue an administrative order requiring the public water system to comply with such rule or statute.
4. The court may impose a civil penalty of not more than fifty dollars per day or part thereof for the first violation of section 192.320 and sections 640.100 to 640.140; one hundred dollars per day or part thereof for the second violation and for each violation thereafter, including any order issued pursuant to this section, or any rules or regulations promulgated pursuant to sections 640.100 to 640.140. The department shall not seek a civil monetary penalty under this section for a violation where an administrative penalty was assessed and collected. Any offer of settlement to resolve a civil penalty under this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general under authority of this section and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.
5. Any person aggrieved by an emergency order may appeal within thirty days after the issuance of the order to the circuit court of the county in which the public water system is located or if the public water system is located in more than one county, to the circuit court of any such county. The circuit court shall within ten days after the filing of the appeal hear the cause and determine the same.
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(L. 1978 S.B. 509 § 192.210, A.L. 1981 S.B. 204, A.L. 1998 H.B. 1161)
Effective 6-09-98
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.135 - Fluoride rules prohibited.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1978
640.135. Fluoride rules prohibited. —
The department of natural resources shall not promulgate any rule or regulation to require or prohibit the addition of fluoride to drinking water.
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(L. 1978 S.B. 509 § 192.212)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.136 - Fluoridation modification, notification to department and customers, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2016
*640.136. Fluoridation modification, notification to department and customers, when. —
1. Any public water system, as defined in section 640.102, or public water supply district, as defined in chapter 247, which intends to make modifications to fluoridation of its water supply shall notify the department of natural resources, the department of health and senior services, and its customers of its intentions at least ninety days prior to any vote on the matter. The public water system or public water supply district shall notify its customers via radio, television, newspaper, regular mail, electronic means, or any combination of notification methods to most effectively notify customers at least ninety days prior to any meeting at which the vote will occur. Any public water system or public water supply district that violates the notification requirements of this section shall return the fluoridation of its water supply to its previous level until proper notification is provided under the provisions of this section.
2. In the case of an investor-owned water system, the entity calling for the discussion of modifications to fluoridation shall be responsible for the provisions of this section.
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(L. 2016 H.B. 1713 merged with H.B. 1717)
Effective 8-28-16 (H.B. 1717); *10-14-16 (H.B. 1713), see § 21.250
*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.137 - Source water of public water systems — duties of department — petition program authorized.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 09 Jun 1998, see footnote
640.137. Source water of public water systems — duties of department — petition program authorized. —
1. The department may, upon availability of appropriate funding, determine and specify the boundaries of the areas in the state from which one or more public water systems receive supplies of drinking water, using reasonably available hydrogeologic information and any other information the department deems appropriate. The department shall identify the origins of drinking water contaminants for which monitoring is required to determine the susceptibility of the public water system in the specified area to such contaminants. The department may use, to the extent appropriate, information from existing programs to meet the requirements of this section including, but not limited to, vulnerability assessments, sanitary surveys, monitoring, wellhead protection, or assessment of surface or groundwater sources under other federal or state laws or rules. The department shall make the results of the source water assessments available to the public.
2. The department may establish a source water protection petition program under which the owner or operator of a community water system or a political subdivision of the state may request the department's assistance in the development of a voluntary, incentive-based partnership among the persons likely to be affected by the recommendations of the partnership.
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(L. 1998 H.B. 1161)
Effective 6-09-98
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.140 - Department may cooperate with others — may receive aid, conduct training and research — may financially assist in construction of water systems.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1978
640.140. Department may cooperate with others — may receive aid, conduct training and research — may financially assist in construction of water systems. —
The department of natural resources may enter into agreements, contracts, or cooperative arrangements under appropriate terms and conditions with other state agencies, federal agencies, interstate agencies, political subdivisions, educational institutions, local health departments, or other organizations or individuals for the purpose of administering the state drinking water supply program. The department of natural resources may solicit and receive grants of money or other aid from federal and other public or private agencies or individuals for the administration of section 192.320 and sections 640.100 to 640.140 or a portion thereof, to conduct research and training activities or cause them to be conducted, to financially assist in the construction of water works systems or portions thereof or for other program purposes.
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(L. 1978 S.B. 509 § 192.215)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.141 - Citation of law — definition of public water system.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2020
640.141. Citation of law — definition of public water system. —
Sections 640.141 to 640.145 shall be known as the "Water Safety and Security Act". For the purposes of these sections, the term
"community water system"
shall mean a public water system as defined in section 640.102 that serves at least fifteen service connections and is operated on a year-round basis or regularly serves at least twenty-five residents on a year-round basis.
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(L. 2020 H.B. 2120)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.142 - Plan for identifying and mitigating cyber risk — exemption, when — inapplicability, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2020
640.142. Plan for identifying and mitigating cyber risk — exemption, when — inapplicability, when. —
1. Within twelve months of August 28, 2020, each community water system shall create a plan that establishes policies and procedures for identifying and mitigating cyber risk. The plan shall include risk assessments and implementation of appropriate controls to mitigate identified cyber risks.
2. Community water systems that do not use an internet-connected control system are exempt from the provisions of this section.
3. The provisions of this section shall not apply to any state parks, cities with a population of more than thirty thousand inhabitants, a county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants, a county with a charter form of government and with more than nine hundred fifty thousand inhabitants, or a public service commission regulated utility with more than thirty thousand customers.
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(L. 2020 H.B. 2120)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.144 - Valve inspection program, requirements — hydrant inspection program, requirements — inapplicability, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2020
640.144. Valve inspection program, requirements — hydrant inspection program, requirements — inapplicability, when. —
1. All community water systems shall be required to create a valve inspection program that includes:
(1) Inspection of all valves every ten years;
(2) Scheduled repair or replacement of broken valves; and
(3) Within five years of August 28, 2020, identification of each shut-off valve location using a geographic information system or an alternative physical mapping system that accurately identifies the location of each valve.
2. All community water systems shall be required to create a hydrant inspection program that includes:
(1) Annual testing of every hydrant in the community water system;
(2) Scheduled repair or replacement of broken hydrants;
(3) A plan to flush every hydrant and dead-end main;
(4) Maintenance of records of inspections, tests, and flushings for six years; and
(5) Within five years of August 28, 2020, identification of each hydrant location using a geographic information system or an alternative physical mapping system that accurately identifies the location of each hydrant.
3. The provisions of this section shall not apply to any state parks, cities with a population of more than thirty thousand inhabitants, a county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants, a county with a charter form of government and with more than nine hundred fifty thousand inhabitants, or a public service commission regulated utility with more than thirty thousand customers.
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(L. 2020 H.B. 2120)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.145 - Report, contents — inapplicability, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2020
640.145. Report, contents — inapplicability, when. —
1. Community water systems shall submit a report upon request of the department of natural resources that shall certify compliance with all regulations regarding:
(1) Water quality sampling, testing, and reporting;
(2) Hydrant and valve inspections under section 640.144; and
(3) Cyber security plans and policies, if required under section 640.142.
2. The provisions of this section shall not apply to any state parks, cities with a population of more than thirty thousand inhabitants, a county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants, a county with a charter form of government and with more than nine hundred fifty thousand inhabitants, or a public service commission regulated utility with more than thirty thousand customers.
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(L. 2020 H.B. 2120)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.153 - Home energy audits — definitions — certification process.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2018, 2 histories
640.153. Home energy audits — definitions — certification process. —
1. As used in this section, the following terms mean:
(1)
"Applicant"
, an entity that applies to the department for certification as a qualified home energy auditor;
(2)
"Department"
, the department of economic development;
(3)
"Qualified home energy audit"
, a home energy audit conducted by an entity certified by the department as a qualified home energy auditor, the purpose of which is to provide energy efficiency recommendations that will reduce the energy use or the utility costs, or both, of a residential or commercial building;
(4)
"Qualified home energy auditor"
, an applicant who has met the certification requirements established by the department and whose certification has been approved by the department.
2. The department shall develop criteria and requirements for certification of qualified home energy auditors. Any applicant shall provide the department with an application, documentation, or other information as the department may require. The department may establish periodic requirements for qualified home energy auditors to maintain certification.
3. The department shall provide successful applicants with written notice that the applicant meets the certification requirements.
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(L. 2008 S.B. 1181, et al., A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.155 - Energy information, defined — confidentiality — penalty for disclosure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2018, 2 histories
640.155. Energy information, defined — confidentiality — penalty for disclosure. —
1. Any energy information which is voluntarily reported or conveyed to the department of economic development or the Missouri department of natural resources shall be considered confidential and shall be exempt upon written request and for a specific period to be determined by mutual consent from public disclosure that would reveal information traceable to a private firm, partnership, public corporation, or individual.
2. As used in this section, the term
"energy information"
includes that information received in whatever form on the fuel reserves, exploration, extraction, production, refining, distribution, consumption, costs, prices, capital investments, and other matters directly related to a private firm, partnership, public corporation, or individual.
3. In addition to any other penalty provided by law, any officer or employee of the department of natural resources or the department of economic development who, in violation of the provisions of this section, divulges any information considered confidential under this section shall be guilty of a class A misdemeanor, and such divulgence shall be grounds for the summary dismissal of such officer or employee, other provisions of law notwithstanding.
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(L. 1980 H.B. 1180 § 1, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.157 - Energy center to serve as coordinator of energy sustainability activities, duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2018, 2 histories
640.157. Energy center to serve as coordinator of energy sustainability activities, duties. —
The division of energy of the department of economic development shall serve as a central point of coordination for activities relating to energy sustainability in the state. As such, the division of energy shall:
(1) Consult and cooperate with other state agencies to serve as a technical advisor on sustainability issues, including but not limited to renewable energy use and green building design and construction;
(2) Provide technical assistance to local governments, businesses, schools, and homeowners on sustainability issues, including but not limited to renewable energy use and green building design and construction; and
(3) Conduct outreach and education efforts, which may be in coordination with community action agencies, for the purpose of informing the general public about financial assistance opportunities for energy conservation, including but not limited to tax incentives.
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(L. 2008 S.B. 1181, et al., A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.160 - Energy futures fund created, use of moneys.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2018, 2 histories
640.160. Energy futures fund created, use of moneys. —
1. There is hereby created in the state treasury the "Energy Futures Fund" which shall consist of money appropriated by the general assembly or received from gifts, bequests, donations, or from the federal government. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
2. Upon appropriation, the department of economic development may use moneys in the fund created under this section for the purposes of carrying out the provisions of section 620.035
*
and sections 640.153 to 640.160
*
including, but not limited to, energy efficiency programs, energy studies, energy resource analyses, or energy projects. After appropriation, the department may also expend funds for the administration and management of energy responsibilities and activities associated with projects and studies funded from the energy futures fund.
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(L. 2009 H.B. 661, A.L. 2018 S.B. 975 & 1024 Revision)
*Statutory reference to section "640.150" changed to "section 620.035 and sections 640.153" in accordance with section 3.060 based on the transfer of section 640.150 to 620.035 by S.B. 975 & 1024 Revision, 2018.
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.220 - Natural resources protection fund created — purpose — funding — administration — fund relapses into general fund, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 2000
640.220. Natural resources protection fund created — purpose — funding — administration — fund relapses into general fund, when. —
1. For the purpose of protecting the air, water and land resources of the state, there is hereby created in the state treasury a fund to be known as the "Natural Resources Protection Fund". All funds received from air pollution permit fees, gifts, bequests, donations, or any other moneys so designated shall be paid to the director of the department of natural resources, transmitted to the director of revenue and deposited in the state treasury to the credit of an appropriate subaccount of the natural resources protection fund and shall be used for the purposes specified by law. The air pollution permit fee revenues shall be deposited in an appropriate subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the general administration of section 643.075. The water pollution permit fee revenues generated through sections 644.052, 644.053, 644.054 and 644.061 shall be paid to the director of the department of natural resources, transmitted to the director of the department of revenue and deposited to the credit of the water pollution permit fee subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the administration of sections 644.006 to 644.141.
2. Effective July 1, 1991, the provisions of section 33.080 to the contrary notwithstanding, any unexpended balance in the subaccounts of the natural resources protection fund that exceeds the preceding biennium's collections shall revert to the general revenue fund of the state at the end of each biennium. All interest earned on the natural resources protection funds shall accrue to appropriate subaccounts.
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(L. 1988 H.B. 1187, A.L. 1990 H.B. 1669 merged with S.B. 582, A.L. 2000 S.B. 741)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.235 - Damages received, use, limit, purpose — additional funds used, when — funds transferred, when, how much.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1992
640.235. Damages received, use, limit, purpose — additional funds used, when — funds transferred, when, how much. —
1. Damages received pursuant to this act shall be used solely for the following purposes, subject to appropriation: Ten percent of each receipt of natural resources damages shall be deposited in the chemical emergency preparedness fund, established under section 292.607, not to exceed one hundred thousand dollars per year from all receipts of natural resources damages.
2. All remaining moneys received from damages after moneys have been made available for chemical emergency preparedness under subsection 1 of this section shall be deposited in the natural resources protection fund created by the provisions of section 640.220 and, subject to appropriation, shall be used solely for the following purposes:
(1) To pay for restoration or rehabilitation of the injured or destroyed natural resources by the state agency bringing the action for damages;
(2) To pay for the development of or restoration of a natural resource similar to that which was damaged or destroyed;
(3) To provide funds for the department of natural resources and the department of conservation for reasonable costs incurred in obtaining an assessment of such injury, destruction, or loss of natural resources, including expenses.
3. In addition, moneys in this fund may be used in conjunction with other funds, such as the hazardous waste fund created by the provisions of section 260.391, only for the purposes of subdivisions (1), (2) and (3) of subsection 1 of this section, except that sums recovered by the state under the provisions of Title 42, United States Code, part 9607(f), shall be available for use only to restore, replace or acquire the equivalent of such natural resources by the state.
4. Moneys in the subaccount referred to in section 640.220 may be transferred to the conservation commission fund as reimbursement for expenses incurred by the department of conservation in evaluating or rehabilitating natural resource damage and as reimbursement for damages directly attributable to wildlife, fisheries and forestry resources of the state of Missouri and caused by the specific incident for which natural resources damages were received.
5. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the subaccount shall not be transferred to general revenue at the end of each biennium, except that any amount in the subaccount in excess of two million dollars at the end of each biennium may be transferred to general revenue by appropriation.
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(L. 1990 H.B. 1669, A.L. 1992 S.B. 480)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.236 - Punitive and exemplary damages, exempt from, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
Effective - 11 Oct 2013, see footnote
*640.236. Punitive and exemplary damages, exempt from, when. —
In all civil actions involving claims for exposure or contamination arising from the ownership, maintenance, management, or control of underground hard rock mining or hard rock milling sites that ceased operations prior to January 1, 1975, or such claims that arise from chat or tailings generated at those sites, brought against persons or entities alleged to have owned, maintained, managed, or controlled such sites, chat, or tailings at any time, such persons and entities shall be exempt from punitive or exemplary damages with respect to all such claims that relate in any way to the ownership, maintenance, management, or control of such sites, chat, or tailings, so long as such persons or entities or their employees, agents, owners, parent, subsidiary, or any related companies have made or are making good faith efforts to remediate such sites. Any evidence may be introduced to demonstrate good faith efforts to remediate including substantial compliance with an order or permit issued by or negotiated with either the state of Missouri or the United States concerning remediation or closure. The total of any awards of punitive or exemplary damages shall not exceed two million five hundred thousand dollars in the aggregate as to all defendants in a civil action within this section. The provisions of section 537.675 shall not apply to such action, and one-half of any such awards for punitive or exemplary damages shall be paid into the Missouri lead abatement loan fund established under section 701.337. Nothing in this section shall be construed as precluding any party from pursuing compensatory damages, including claims for natural resource damages.
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(L. 2013 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 640.400 - Citation of law.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.400. Citation of law. —
1. Sections 640.400 to 640.435 shall be known and may be cited as the "Missouri Water Resource Law", in recognition of the significance of the conservation, development and appropriate use of water resources in Missouri.
2. The department shall ensure that the quality and quantity of the water resources of the state are maintained at the highest level practicable to support present and future beneficial uses. The department shall inventory, monitor and protect the available water resources in order to maintain water quality, protect the public health, safety and general and economic welfare.
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(L. 1989 S.B. 112, et al. § 1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.403 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.403. Definitions. —
As used in sections 640.400 to 640.435, the following terms mean:
(1)
"Aquifer"
, a consolidated or unconsolidated subsurface water-bearing geologic formation, group of formations, or part of a formation, or other geologic deposits, capable of yielding a usable or potentially usable amount of water;
(2)
"Contaminant"
, any physical, chemical, biological or radiological substance in water, including but not limited to, those substances for which maximum contaminant levels are established by the department pursuant to sections 640.400 to 640.435, this chapter and chapter 644;
(3)
"Department"
, the department of natural resources;
(4)
"Groundwater"
, water occurring beneath the surface of the ground, including underground watercourses, artesian basins, underground reservoirs and lakes, aquifers, other bodies of water located below the surface of the ground, and water in the saturated zone;
(5)
"Maximum contaminant level"
, the maximum permissible level established pursuant to this chapter of a contaminant in any water delivered to any user of a public water system;
(6)
"Special water quality protection area"
, a geographic area meeting specified criteria established after public hearing by the department;
(7)
"Surface water"
, water in lakes and wetlands, and water in rivers, streams and their tributaries in which water flows for substantial periods of the year;
(8)
"Watershed"
, the area that drains into a river, stream or its tributaries;
(9)
"Water resources"
, water in rivers, streams and their tributaries and water present in aquifers.
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(L. 1989 S.B. 112, et al. § 2)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.405 - Interstate use of water, negotiation of interstate compacts, duties of department — general assembly and other agencies to be consulted.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.405. Interstate use of water, negotiation of interstate compacts, duties of department — general assembly and other agencies to be consulted. —
The department shall represent and protect the interests of the state of Missouri in all matters pertaining to interstate use of water, including the negotiation of interstate compacts and agreements, subject to the approval of the general assembly. Any department of state government affected by any compact or agreement shall be consulted prior to any final agreement.
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(L. 1989 S.B. 112, et al. § 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.409 - Surface and ground water monitoring program, duties of department, purpose.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.409. Surface and ground water monitoring program, duties of department, purpose. —
The department shall establish, develop and maintain an ongoing statewide surface and groundwater monitoring program, the purposes of which are:
(1) Determination of ambient surface and groundwater quality for use as background or baseline water quality data;
(2) Detection of trends in the character and concentration of contaminants in surface and groundwater resources; and
(3) Identification of areas highly vulnerable to contamination.
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(L. 1989 S.B. 112, et al. § 4)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.412 - Inventory to be maintained on ground and surface water uses, quantity and users.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.412. Inventory to be maintained on ground and surface water uses, quantity and users. —
The department shall inventory:
(1) Existing surface water and groundwater uses;
(2) The quantity of surface water and groundwater available for uses in the future; and
(3) Water extraction and use patterns, including regulated and unregulated users.
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(L. 1989 S.B. 112, et al. § 5)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 640 - Department of Natural Resources › Section 640.415 - State water resource plan to be established for use of surface and ground water — annual report, contents — powers of department.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 640
• Effective - 28 Aug 1989
640.415. State water resource plan to be established for use of surface and ground water — annual report, contents — powers of department. —
1. The department shall develop, maintain and periodically update a state water plan for a long-range, comprehensive statewide program for the use of surface water and groundwater resources of the state, including existing and future need for drinking water supplies, agriculture, industry, recreation, environmental protection and related needs. This plan shall be known as the "State Water Resources Plan". The department shall collect data, make surveys, investigations and recommendations concerning the water resources of the state as related to its social, economic and environmental needs.
2. The department shall establish procedures to ensure public participation in the development and revision of the state water plan.
3. The department shall submit a report to the general assembly at least one year prior to the submission of the state water resources plan. The report shall specify the major components of the plan, and may recommend any statutory revision which may be necessary to implement the requirements of this section. The plan shall be submitted to the general assembly for approval or disapproval by concurrent resolution.
4. The department may:
(1) Require such reports from groundwater and surface water users and other state agencies as may be necessary; and
(2) Conduct investigations and cooperate or contract with agencies of the United States, agencies or political subdivisions of this state, public or private corporations, associations or individuals on any matter relevant to the administration of section 192.300, sections 640.100, 640.120, and 640.400 to 640.435.
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(L. 1989 S.B. 112, et al. § 6)