reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 14 - Concentrated Animal Feeding Operation Waste Management System Operations › Section 10 CSR 20-14.030 - Operator Gaining

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes criteria for approval
				  of operator training courses.
(1) Only training approved by the department
				will be credited toward meeting the operator training requirements. Operator
				training content shall be related to Missouri Concentrated Animal Feeding
				Operation (CAFO) regulations, general CAFO waste management systems knowledge,
				water quality, agronomy, general agriculture, soil science, applied
				mathematics, chemistry, hydraulics, pumps, irrigation management and operation
				of irrigation and land application equipment, as applied to CAFO waste
				management systems.
(2) Training
				providers sponsoring operator training for CAFO waste management system
				operators shall submit the following to the department for approval. This
				information should be submitted to the department at least thirty (30) days
				prior to the training:
(A) Date and location
				of the training;
(B) Name, address
				and telephone number of person to contact regarding the training;
(C) Course outline, showing the topic(s) to
				be presented and time allotted for each (including beginning and ending
				times);
(D) Name(s) of
				instructor(s) and qualifications (not just title or company name);
(E) List of any audiovisual materials to be
				used, such as videotapes, slides, slide/tape presentations, films and
				overheads; and
(F)
				Handouts.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 15 - Aboveground Storage Tanks-Release Response › Section 10 CSR 20-15.010 - Applicability and Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
(Moved to
				  10 CSR
				  26-5.010 )
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 15 - Aboveground Storage Tanks-Release Response › Section 10 CSR 20-15.020 - Release Reporting and Initial Release Response Measures

Current through Register Vol. 49, No. 14, July 15, 2024
(Moved to
				  10
				  CSR 26-5.020 )
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 15 - Aboveground Storage Tanks-Release Response › Section 10 CSR 20-15.030 - Site Characterization and Corrective Action

Current through Register Vol. 49, No. 14, July 15, 2024
(Moved to
				  10 CSR
				  26-5.030 )
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.010 - Who Needs a Permit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The changes correct the rule to properly
				  define regulated height of dams to include thirty-five feet (35') and higher in
				  section (3) and to remove language restated in statute from section
				  (5).
(1) The owner of a
				proposed new dam thirty-five feet (35') or more in height is required to obtain
				a construction permit and a safety permit for his/her dam and reservoir. The
				owner of an existing dam thirty-five feet (35') or more in height is required
				to obtain a registration permit within the time set forth in
				10 CSR
				22-2.020(2).
(2) By definition, the United States
				government is not considered an owner. Therefore, no federal dam and reservoir
				is regulated by sections 236.400-236.500, RSMo and no permits are
				required.
(3) Agricultural dams are
				exempted from all permit requirements as long as the agricultural dam and
				reservoir continue to be used primarily for agricultural purposes (see
				10 CSR
				22-1.020(2) ). The owners of
				agricultural dams and reservoirs thirty-five feet (35') and higher in height
				must notify the council of their reliance on this exemption and their basis for
				application of this exemption to their dams. If an agricultural dam and
				reservoir is constructed after the effective date of the law, but subsequently
				becomes subject to the provisions of the law, the owner shall provide, prior to
				obtaining a registration permit, evidence that the dam meets the construction
				permit criteria in effect at the time the dam was constructed.
(4)
				Dams and reservoirs licensed and operated under the Federal Power Act are
				exempted from all permit requirements.
(5) Industrial water
				retention dams (see 10 CSR
				22-1.020(27) ) and reservoirs
				regulated by another state agency or federal agency are exempted from all
				permit requirements. For the exemption to apply, the industrial water retention
				dam and reservoir must be subject to safety inspections by the other state
				agency or federal agency and standards used must be at least as stringent as
				those required by the law. In addition, the owner must notify the council that
				another agency is regulating his/her dam and reservoir and explain the basis
				for the exemption to apply.
*Original authority: 236.400, 236.415, 236.435, 236.440 and
					 236.465, RSMo 1979 and 236.405, RSMo 1979, amended
					 1993.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.020 - Types of Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The changes eliminate language originally
				  used for compliance of dams after the inception of the rules in 1981. The rules
				  are no longer valid.
(1)
				There are three (3) types of permits-registration permits, construction permits
				and safety permits and each one is intended to regulate a separate and distinct
				type of activity. A dam and reservoir will have only one (1) type of permit in
				effect at any given time although they may have more than one (1) type of
				permit during their existence.
(2)
				Registration permits (see
				10 CSR
				22-1.020(44) ) apply to and are
				required for the continued operation of a dam and reservoir that was in
				existence or in the process of being constructed on the effective date of this
				section, August 13, 1981. A registration permit also applies to and is required
				for structures which become subject to the provisions of the dam and reservoir
				safety law that were in existence prior to the date that they became subject to
				the law. Registration permits may be issued for a time period up to five (5)
				years.
(3) Construction permits
				(see 10 CSR
				22-1.020(8) ) apply to the
				construction of a new dam and reservoir, the alteration, enlargement,
				reduction, repair, or removal of a new or existing dam, reservoir, or
				appurtenances. New dams are dams for which construction commences after the
				effective date of this section, August 13, 1981. A construction permit may be
				issued for any reasonable length time period in order to complete construction
				and it may contain appropriate restrictions placed on the owner for
				construction and operation of the dam and reservoir during that period. At the
				conclusion of construction, a safety or registration permit shall be obtained
				by the owner.
(4) Safety permits
				(see
				10 CSR
				22-1.020(48) ) apply to the operation
				of a dam and reservoir constructed pursuant to a construction permit. The
				safety permit is not a guarantee of the dam and reservoir's safety and does not
				alter the owner's liability; it is simply an operating permit. If a dam and
				reservoir were not subject to the provisions of the law when they were
				constructed but subsequently become subject to the provisions of the law, the
				owner shall obtain a registration permit, not a safety permit. Safety permits
				may be issued for a time period up to five (5) years, and they may contain
				appropriate conditions for the operation and safety of the dam and
				reservoir.
*Original authority: 236.400, 236.415, 236.435, 236.440 and
					 236.465, RSMo 1979 and 236.405, RSMo 1979, amended
					 1993.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.030 - Types of Dams and Reservoirs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the two fundamentally
				  different types of dams and reservoirs that will be required to obtain permits
				  from the Dam and Reservoir Safety Council.
(1) There are two (2) types of dams and
				reservoirs, conventional dams and reservoirs and industrial water retention
				dams and reservoirs. The two (2) types of dams and reservoirs are distinguished
				on the basis of their reservoir contents and the length of the time period
				during which active dam building occurs.
(2) Conventional dams and reservoirs (see
				10 CSR
				22-1.020(9) ) are dams and reservoirs
				used for purposes other than tailings, slime, settling or other similar
				industrial water retention purposes. A conventional dam is constructed in one
				(1) relatively continuous operation over a short time span (compared to the
				design life of the reservoir). Filling and use of the reservoir occurs after
				construction is completed.
(3)
				Industrial water retention dams and reservoirs (see
				10 CSR
				22-1.020(27) ) are dams and
				reservoirs used for the purpose of storing solids and the water associated with
				the particular industrial process such as tailings, slime and other similar
				industrial materials. An industrial water retention dam may be constructed in
				phases and steps or continuously, over a long period of time (compared to the
				design life of the reservoir). Filling and use of the reservoir may occur
				during most phases of construction. An industrial water retention dam and
				reservoir in existence or under construction on the effective date of
				10 CSR
				22-2.020(2), August 13, 1981, shall
				obtain a registration permit which may include approval to make enlargements.
				The owner of any such dam and reservoir shall apply for and obtain new
				construction and/or registration permits for any modifications to that dam and
				reservoir other than enlargements covered by an existing permit. A construction
				permit is required and shall be obtained by the owner, for the initial
				construction phase of any new industrial water retention dam and reservoir
				built after the effective date of
				10 CSR
				22-2.020(3), August 13, 1981. Upon
				completion of the initial construction phase, the owner shall apply for a
				safety permit for the operation and enlargement of the new dam and
				reservoir.
*Original authority: 236.405, RSMo (1979), amended
					 1993and236.415, 236.435, 236.440and236.465, RSMo
					 (1979).
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.040 - Classes of Downstream Environment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the three environmental
				  classes for the downstream environmental zone that will be used by the Dam and
				  Reservoir Safety Council when considering permits.
(1) The downstream environment zone is the
				area downstream from a dam that would be affected by inundation in the event
				the dam failed. Inundation is defined as water, two feet (2') or more deep over
				the general level of the submerged ground affected outside the stream channel.
				Based on the content of the downstream environment zone, three (3)
				environmental classes are defined. They are: class I, which contains ten (10)
				or more permanent dwellings or any public building; class II, which contains
				one to nine (1-9) permanent dwellings, or one (1) or more campgrounds with
				permanent water, sewer and electrical services or one (1) or more industrial
				buildings; and class III, which is everything else.
(2) Spillway design standards are based on
				the environmental class of the downstream environment zone of a dam and
				reservoir. The standards become more stringent for lower environmental class
				numbers. If conditions change in the downstream environment zone and it becomes
				necessary to change the environmental class of the dam and reservoir, the owner
				must then meet the standards and criteria for the new environmental class of
				the dam and reservoir. A dam and reservoir may be in only one (1) environmental
				class at a given time.
(3)
				Inundation, the downstream environmental zone and the associated environmental
				class are analyzed, assuming the dam fails with the reservoir at the emergency
				spillway crest elevation or the dam crest elevation in the absence of an
				emergency spillway. If the spillway standards for class I are used, the failure
				analysis does not have to be performed. If a failure analysis is made, the
				contents of the downstream environment zone used to determine the environmental
				class are only the features that would be inundated by the flooding resulting
				from the dam failure.
*Original authority: 236.405, RSMo 1979, amended 1993 and
					 236.415, 236.435, 236.440 and 236.465, RSMo
					 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.050 - Issuing First Permit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedure for
				  issuing the first permit to a dam and reservoir owner for a particular dam and
				  reservoir.
(1) A permit will
				be issued or a letter will be sent to the owner with comments within forty-five
				(45) days after the receipt of a properly prepared application or after the
				completion of any hearings or record period conducted by the council in
				connection with the application, whichever is later. The council, upon hearing
				the recommendations of the chief engineer, shall approve or deny the permit
				application.
(2) A permit will be
				issued if a complete and proper application has been submitted and the dam and
				reservoir comply with the law.
(A) A
				registration permit may be denied if it is determined that the owner has not
				complied with the experienced professional engineer's or agency engineer's
				inspection recommendations.
(B) A
				construction permit may be denied if there is insufficient information to
				determine that the proposed construction, alteration, enlargement, reduction or
				removal of a dam or reservoir would not endanger public safety, life or
				property or otherwise would comply with the law.
(C) A safety permit may be denied if it is
				determined that there are violations of the construction permit or the
				law.
(D) If revisions have been
				made which vary substantially from the provisions of the construction permit,
				the owner must show that the revisions do not endanger public safety, life or
				property before a safety permit will be issued.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 236.405, RSMo 1979, amended 1993 and
					 236.415, 236.440 and 236.465, RSMo 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.080 - Revoking Permit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the reasons for revoking
				  a permit.
(1) Approval of the
				council or its delegate, the chief engineer, shall be obtained for
				modifications that substantially alter or adversely affect the safety or
				stability of the dam or reservoir. Modifications, without the approval of the
				council or its delegate, the chief engineer, are cause for suspension or
				revocation of any permit. If the chief engineer finds that the condition of the
				dam and reservoir has deteriorated substantially from those conditions present
				when the permit was issued, or that has defects which adversely affect the
				safety or stability of the dam and reservoir or threatens public safety, life
				or property, s/he shall revoke the permit. If a permit is suspended or revoked,
				the dam owner will be in violation of the law and may be subject to prosecution
				for a misdemeanor.
(2) If the chief
				engineer determines that a dam or reservoir constitutes a threat to public
				safety, life or property, s/he may order its removal or take any other actions
				necessary to reduce or eliminate the threat. Failure of a dam owner to alter or
				remove his/her dam and reservoir as directed, when it is found to be a threat
				to public safety, life or property, will result in revocation of the permit
				and, if necessary, removal of the dam or any other action necessary to reduce
				or eliminate the threat to public safety, life or property by the state at the
				owner's expense.
*Original authority: 236.405, RSMo 1979, amended 1993 and
					 236.415, 236.445, 236.495 and 236.500, RSMo
					 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.090 - Transferring Permit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedure for
				  transferring a permit when ownership changes.
(1) Permits issued pursuant to 10 CSR 222.050
				and
				10 CSR
				22-2.060 are transferable only as provided in section
				236.460,
				RSMo.
If ownership or other transfer of interest in the dam and
				  reservoir changes, the former owner must notify the chief engineer of the sale
				  or transfer and the permit will be transferred to the new owner after
				  determination that the transfer will not endanger the public safety, life,
				  property, the dam or reservoir. The permit holder of record will be held
				  responsible for maintaining compliance with these rules and standards. If the
				  former owner does not have the permit transferred, the new owner may submit the
				  appropriate application and documents necessary to obtain a new permit. The new
				  owner, in this case, must also show proof of ownership. The old owner's
				  responsibilities of ownership under the law will not be extinguished until the
				  permit is transferred to an eligible owner. Nothing in these regulations shall
				  be construed to eliminate the liability of the previous owner for damages or
				  injuries caused by a dam failure, nor a new operator who has not obtained a
				  permit nor had an existing permit transferred to his/her name.
*Original authority: 236.405, RSMo 1979, amended 1993 and
					 236.415 and 236.460, RSMo 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 2 - Permits › Section 10 CSR 22-2.100 - Appeal of Action on Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The rule is being changed to reflect current
				  technology and to provide various recording techniques.
(1) Permits revoked or denied are subject to
				council appeal. All parties shall be afforded an opportunity for hearing before
				the council for review of denial or revocation decisions, if request is made
				within thirty (30) days after notice is served personally or by certified or
				registered mail upon the parties or their agents. Except for emergency action,
				further legal action shall not be taken until after the hearing and council
				decision.
(2) The record of hearing
				shall include all written testimony, data, records, etc., as well as all oral
				proceedings recorded.
(3) A final
				decision will be in writing, and the party or its agents will be notified
				personally or by registered or certified mail of the final decision. A copy of
				any opinion in support of this decision will be furnished upon request.
				Decisions are subject to judicial review pursuant to provisions of section
				236.480,
				RSMo.
*Original authority: 236.405, RSMo 1979 amended 1993 and
					 236.415, 236.425, 236.440, 236.445, 236.470 and 236.480, RSMo
					 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 3 - Permit Requirements › Section 10 CSR 22-3.010 - General Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to provide
				  general information about permit requirements.
(1) Requirements for existing or proposed
				dams and reservoirs must allow for variations in conditions and materials from
				site-to-site. Therefore, this rule and
				10 CSR
				22-3.020 -
				10 CSR
				22-3.050 describe the minimum general requirements
				which are consistent with current engineering, geologic, construction,
				operation and maintenance practices, necessary to obtain permits from the Dam
				and Reservoir Safety Council.
(2)
				These rules are not intended to define the only requirements for a dam and
				reservoir to comply with the law or sound engineering, geologic and
				construction practices, to be used in detailed site investigation or in the
				specific design and construction of individual dams. The detailed and specific
				information that outlines current and prudent engineering, geologic and
				construction practices is available in technical literature. Determinations by
				the Dam and Reservoir Safety Council, after hearing the recommendations of the
				chief engineer of the acceptability of a design and adequacy of plans,
				specifications and construction must be made, by necessity, on a case-by-case
				basis. Therefore, it is recommended that applicants unfamiliar with the way
				these rules are applied contact the council or the chief engineer prior to
				commencing extensive work or plan development.
(3) Adherence to the law does not guarantee
				the safety of any dam or reservoir or relieve the owner of any liability in the
				event of dam failure.
(4) A permit
				application form along with a copy of the laws, rules, standards and guidelines
				relating to dam and reservoir safety can be obtained free from the Department
				of Natural Resources, Division of Geology and Land Survey, Dam Safety Program,
				P.O. Box 250, Rolla, MO 65401. Persons seeking this and/or other information on
				dams in Missouri should address their inquiry to the chief engineer.
*Original authority: 246.400, RSMo 1979; 236.405, RSMo
					 1979, amended 1993, 1995; 236.415, RSMo 1979, amended 1995; 236.435, RSMo 1979;
					 236.440, RSMo 1979; and 236.465, RSMo
					 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 3 - Permit Requirements › Section 10 CSR 22-3.030 - Registration Permit Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: To correct an error in section 1 of the
				  current rule and to take out language discussing right of entry restated from
				  statute.
(1) In addition to
				the basic requirements for all permits listed in
				10 CSR
				22-3.020(1), (2), (3), and (7), the
				registration permit application for a conventional dam and reservoir must
				include certification by an experienced professional engineer or an agency
				engineer that the dam and reservoir have been inspected in accordance with the
				law and that the owner has complied with the engineer's recommendations to
				correct the observed defects and an inspection report, as required by the law.
				The engineer must further show that the spillway can safely pass the spillway
				design flood derived from Table 5 and submit a report describing the correction
				of all observed defects and the description of an operation and maintenance
				program to be followed while the registration permit is in effect.
(A) The inspection of a dam and reservoir for
				a registration permit is intended to detect observable defects. The procedure
				to determine observable defects normally will be a surface examination by an
				experienced professional engineer or an agency engineer. The inspection must
				include all surface examinations necessary to determine if observable defects
				exist that affect the stability of the dam and reservoir or the adequacy of the
				spillway. Judgment of the structural stability and an evaluation of the
				spillway capacity must be made. Judgment shall be based upon the engineer's
				experience, training and knowledge of similar dams and in accordance with
				practices reputable and in current use in the engineering, geologic and
				construction professions.
1. Observed defects
				which may require correction, evaluated on the basis of current engineering,
				geologic and construction practices, include but are not limited to: slides;
				slopes as steep as or steeper than those on similar types of dams and
				constructed of similar materials which have experienced slope stability
				problems; piping of fines; seepage that exits in an uncontrolled fashion on the
				downstream slope of or from the downstream foundation of the dam; unusual zones
				of softness and irregular settlement; erosion on the upstream or downstream
				slope of the dam; spillways that are calculated to be inadequate for the design
				flood; spillways that are eroded or otherwise in poor condition and cracks in
				the embankment or structure.
2.
				Observed defects that are in an advanced state of deterioration must be
				immediately reported by the inspecting engineer to the owner and to the chief
				engineer.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 3 - Permit Requirements › Section 10 CSR 22-3.050 - Safety Permit Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: To make a correction and remove language
				  restated from statute regarding right of entry.
(1) In addition to the basic requirements for
				all permits listed in
				10 CSR
				22-3.020, the safety permit application for a
				conventional dam and reservoir shall include:
(A) Notification of the completion of
				construction and application for the first safety permit for the dam and
				reservoir shall be provided by the owner. The experienced professional engineer
				or agency engineer who was in responsible charge of the construction work shall
				certify that the construction was substantially in accordance with the approved
				plans and specifications. If revisions have been made which vary considerably
				from the provisions of the construction permit, it must be shown that the
				revisions do not endanger public safety, life or property. This subsection
				shall not be construed to excuse any person from the requirement to notify the
				council or chief engineer of modifications or revisions prior to commencing the
				actions and to obtain the required permits or authorization thereof;
(B) Notification of completion shall be
				within two (2)-months' time after completion of construction; and
(C) As-built drawings shall be
				submitted.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 4 - Action Taken by Council and Chief Engineer › Section 10 CSR 22-4.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 236.400, RSMo 1979; 236.405, RSMo
					 1979, amended 1993, 1995; 236.420, RSMo 1979; 236.425, RSMo 1979; and 236.455,
					 RSMo 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 4 - Action Taken by Council and Chief Engineer › Section 10 CSR 22-4.020 - Enforcement Orders and Enforcement Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: To remove language restated from
				  statute.
(1) Enforcement
				orders shall be prepared by the chief engineer or council in cases where a dam
				or reservoir contains serious defects which pose a threat to public safety,
				life or property. Enforcement orders shall be sent to a dam owner by certified
				mail or served personally.
(2) If
				an owner does not initiate corrective actions to his/her dam and reservoir
				within thirty (30) days of the issuance of an enforcement order by the chief
				engineer or council, the council may request the attorney general or a
				prosecuting attorney to apply to the circuit court having jurisdiction to
				enforce compliance.
*Original authority: 236.400, RSMo 1979; 236.405, RSMo
					 1979, amended 1993, 1995; 236.410, RSMo 1979, amended 1992; 236.415, RSMo 1979,
					 amended 1995; 236.445, RSMo 1979; and 236.450, RSMo
					 1979.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.010 - Safety Permit Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in 10 CSR 23
				  that are not defined in section
				  256.603, RSMo.
(1) Terms beginning with the letter A.
(A)
				Act means Missouri Water Well Drillers' Act, sections 256.600-256.640, RSMo,
				under which these rules are promulgated.
(B) Action level means the maximum
				permissible concentration of a contaminant in water pursuant to 10 CSR 60-2.
				Action levels are used for contaminants that do not have established maximum
				contaminant levels.
(C) Alluvium
				means clay, silt, sand, gravel, or similar unconsolidated material deposited by
				a stream or body of running water.
(D) Annular space
				means the space between two (2) cylindrical objects one (1) of which surrounds
				the other, such as the space between a borehole and a casing pipe or between a
				casing pipe and liner pipe.
(E) Applicant means
				any person who applies for a well, heat pump, monitoring well, or pump
				installation contractor permit pursuant to the law.
(F) Apprentice means any person who has been
				issued an apprentice permit who, under the supervision of a permitted
				nonrestricted well or pump installation contactor, is obtaining the knowledge,
				skills, and abilities necessary to apply for a non-restricted permit.
(G) Approval date means the date the record
				is reviewed and approved compliant with the construction requirements, not to
				be confused with certification or registration date.
(H) Aquifer means
				water-bearing geologic material that transmits water in sufficient quantities
				to supply a well.
(I) Augered well
				means a well that is drilled by the rotation of a cylindrical tool.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.020

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 256.615, RSMo 1991 and 256.620 and
					 256.626, RSMo 1985, amended 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 256.606, RSMo 1991 and 256.626, RSMo
					 1985, amended 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.040 - Variances

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule gives the timeframe and procedure
				  for submitting a request for a variance to the department.
(1) When strict applicability of any
				provision of these rules presents practical difficulties or unusual hardships,
				the department, in a specific instance, may modify the application of those
				provisions consistent with the general purpose of these rules and the law. The
				department may then impose certain conditions as are necessary to protect the
				groundwater of the state and health, safety, and general well-being of persons
				using or potential users of the groundwater supply.
(2) Requests for variances shall-
(A) Be submitted on a form provided by the
				department at least forty-eight (48) hours prior to any regulated work being
				performed, except as provided in 10 CSR 23-1.040(4).
(B) State the nature and reason the variance
				is being sought.
(C) Include at a
				minimum the proposed well depth, desired yield, casing type and depth, method
				of construction and grouting, geologic conditions likely to be encountered , a
				GPS location of the well, and possible sources of contamination.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.050 - Permittee Qualifications, Testing Procedures, and Permit Application

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes criteria and
				  application procedures for permitting water well , heat pump , monitoring well,
				  and pump installation permittees.
(1) Restricted Permit.
(A) To apply for a restricted permit as a
				water well, heat pump, monitoring well, or pump installation contractor an
				applicant shall-
1. Submit a complete permit
				testing application and corresponding fee;
2. Pass the applicable restricted permit
				test(s) (open book) with a minimum score of seventy percent (70%);
				and
3. Submit a complete permit
				application and the corresponding fee.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 256.606, RSMo 1991; 256.607, RSMo
					 1985, amended 1991; 256.611, RSMo 1985, amended 1991; 256.613, RSMo 1991;
					 and256.626, RSMo 1985, amended 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.075 - Disciplinary Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the disciplinary
				  action process and removes language rendered obsolete by section
				  621.250, RSMo.
PURPOSE: This rule outlines the disciplinary action
				  process.
(1) The department
				may cause an investigation to be made upon receipt of information concerning
				alleged violations of sections
				256.600 to
				256.640, RSMo, and implementing
				regulations or any standard, limitation, or order pursuant thereto and may
				cause to be made any other investigations consistent with the purposes of
				sections 256.600 to
				256.640, RSMo.
(2) If an investigation discloses that a
				violation of sections
				256.600 to
				256.640, RSMo, or implementing
				regulations exists, the department may issue an order requiring the remediation
				or abatement of the specified condition(s). The order will specify the
				violations of sections
				256.600 to
				256.640, RSMo, or implementing
				regulations or any standard, limitation, or order pursuant thereto or any term
				or condition violated.
(3) As a
				condition of any disciplinary action or order, the department will specify
				corrective actions and require that those actions be scheduled so that
				department staff can be present while the specified corrections are
				performed.
(4) A suspended
				permittee may be reinstated after the department approves that the terms and
				conditions, upon which the suspension order was based, have been corrected. The
				reinstated permittee may be placed on a period of probation as determined by
				the department.
(5) A permittee who
				has had a permit revoked may reapply for a permit pursuant to
				10 CSR
				23-1.050 as a new applicant and provide performance
				bond or irrevocable letter of credit pursuant to section
				256.616, RSMo. The department
				will determine whether the person should be issued a new permit. In no case
				will a new permit be issued sooner than one (1) year after the revocation has
				taken effect.
*Original authority: 256.606, RSMo 1991; 256.623, RSMo
					 1985, amended 1991; 256.626, RSMo 1985, amended 1991; and 256.630, RSMo 1985,
					 amended 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.080

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 256.606, RSMo 1991 and 256.611 and
					 256.626, RSMo 1985, amended 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.090 - Permits

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule explains permit expectations to
				  construct, repair, or plug a well.
(1) General Permit Requirements.
(A) A non-restricted permit is required to
				drill, construct, repair, reconstruct, plug, or install pumps or pumping
				equipment in a well.
(B) All
				non-restricted permits are valid for plugging wells, except monitoring wells.
				Monitoring wells shall be plugged by a monitoring well installation
				permittee.
(C) Restricted permits
				are required for persons who contract or sub-contract work regulated by
				Missouri Well Construction Rules.
(D) Restricted permits are required for
				persons to be a primary contractor and/or on-site drilling
				supervisor.
(E) All permits issued
				pursuant to these rules will expire one (1) year after issuance.
(F) Permit card(s) shall be carried by the
				permittee and machine and vehicle cards shall be placed in each registered
				vehicle.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.105 - Permit Renewal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment consolidates the requirements
				  for renewing a permit by incorporating substantive information from
				  10 CSR
				  23-1.130 Reinstatement.
(1) The permittee shall submit the
				appropriate renewal fee prior to the expiration date of the permit.
(2) Any permit renewal submitted after the
				expiration date will be assessed a late fee pursuant to
				10 CSR
				23-2.010(F).
(3) Reinstatement of an expired permit. An
				expired permit may be reinstated only for the permit type previously held.
(A) For reinstatement less than one (<1)
				year from expiration date.
1. Submit
				applicable permit application and fee.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.110 - Permitting of Partnerships, Corporations and Business Associations

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 10, 1994)
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.120 - Suspension or Revocation of Permit

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 10, 1994)
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.130

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 256.606 and 256.616, RSMo 1991 and
					 256.626, 1991 and 256.630, RSMo 1985, amended
					 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.140 - Vehicle and Machine Registration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the registration process
				  for drill rigs, direct push machine, pump installation trucks, and service
				  vehicles.
(1) All well
				drilling and pump installation machines and service vehicles shall be
				registered with the department.
(2)
				To register vehicles and machines, a complete vehicle registration shall be
				submitted along with the appropriate fee pursuant to
				10 CSR
				23-2.010. A registration card will be issued for each
				vehicle and machine and shall be carried in each vehicle and machine at all
				times and be subject to inspection by the department. The card expires one (1)
				year from the date of issue.
(3)
				Notice of a change in ownership or the purchase of a vehicle and/or machine
				shall be provided to the department within thirty (30) days and submit a new
				application form and the appropriate fee. A new vehicle or machine card will be
				issued.
(4) A permittee shall place
				in a conspicuous location on both sides of each vehicle or machine the words MO
				PERMIT and the permit numbers not less than three inches (3") high and one and
				one-half inches (1 1/2") wide in a contrasting color to the background of the
				vehicle or machine. Permit number shall be placed on the vehicle or machine
				within sixty (60) days of receiving the vehicle or machine registration
				card.
*Original authority: 256.606, RSMo 1991; 256.617, RSMo
					 1985; and 256.626, RSMo 1985, amended
					 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.150 - Well Drilling and Pump Installation Machine Registration

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 10, 1994)
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.155

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 256.606, RSMo 1991 and 256.626, RSMo
					 1985, amended 1991.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 1 - Definitions, Variances, and Permitting Requirements › Section 10 CSR 23-1.160 - Mail and Notification Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds electronic
				  mail.
PURPOSE: This rule informs permittees of notification
				  procedures.
(1) Permittees
				shall notify the department of any change of business, residential, mailing,
				and electronic mailing addresses within thirty (30) days of change and accept
				all mail sent by the department.
(2) Regular and certified mail sent with
				proper postage to the last known address will be considered adequate
				notification of notice served.
(3)
				Refusal to accept mail is a violation of these rules and may result in
				disciplinary action.
*Original authority: 256.600, RSMo
					 1985.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 2 - Fee Structure, Certification, and Registration › Section 10 CSR 23-2.010 - Fee Structure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a fee structure for
				  activities conducted under 10 CSR 23 pursuant to section
				  256.623, RSMo.
(1) The following fees shall be assessed:
(A) Permits. A fee of no more than one
				hundred fifty dollars ($150) for each type of contractor permit issued or
				renewed;
(B) Machine and Service
				Vehicle Permits. An annual fee of no more than fifty dollars ($50) for each
				well drilling and pump installation machine and service vehicle;
(C) Certification Reports. A fee of no more
				than one hundred twenty-five dollars ($125) per well paid by the well owner and
				collected and submitted by the well or pump installation contractor;
(D) Registration Reports. A fee of no more
				than one hundred dollars ($100) per well paid by the well owner and collected
				and submitted by the well or pump installation contractor;
(E) Heat Pump Certification Reports. Fees
				will be paid by the owner and collected and submitted by the heat pump
				installation contractor. This fee will be determined by the ton rating of the
				heat pump unit. When more than one (1) heat pump unit is hooked together, the
				cumulative total of the ton rating will be used to determine the fee. The fee
				will be no more than-
1. One hundred fifty
				dollars ($150) for a heat pump unit less than or equal to fifty (<=50) tons;
				or
2. Two hundred fifty dollars
				($250) for a heat pump unit greater than fifty (>50) tons;
(F) Late fees.
1. A late fee of no more than ten dollars
				($10) each month charged to the contractor until a complete certification or
				registration report has been submitted, not to exceed two hundred and forty
				dollars ($240) per certification or registration report.
2. A late fee of no more than forty percent
				(40%) of the permit fee per year will be assessed when a well installation or
				pump installation contractor fails to renew a permit after the expiration date
				on the contractor's permit card;
(G) Well logging. Logging of well core or
				cuttings may be completed for a fee of no more than the actual costs involved
				in production of the log; and
(H)
				Test fees will be no more than the following:
1. General Test
$50
2. Water Well Contractor Test
$50
3. Pump Contractor Test
$50
4. Heat Pump Contractor Test
$50
5. Monitoring Well Contractor Test
$50
6. Test Hole Contractor Test
$50
7. Retakes (for each test)
$50
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 23 - Well Installation › Chapter 2 - Fee Structure, Certification, and Registration › Section 10 CSR 23-2.020 - Certification and Registration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets standards for certification
				  and registration report submittal for water wells, monitoring wells, heat pump
				  wells, test holes, and pump installations.
(1) For certification and registration report
				requirements see section 256.614.1, RSMo.
(2) Certification of a well does not
				guarantee or imply that the well will produce potable or usable quantities of
				water.
(3) Certification reports.
(A) If the pump is installed within sixty
				(60) days of the well completion date, the pump information may be included on
				the well certification report.
(B)
				If the pump is installed more than sixty (60) days after the well completion
				date or if a different permitted contractor installs the pump, then the pump
				installation contractor is responsible for submitting a separate pump
				report.
(C) A certification report
				for a replacement pump installation is not required. However, reports may be
				submitted for replacement pump installations to meet pump installation
				contractor apprenticeship requirements.
(D) Pump replacement does not change the type
				or use of the well (i.e., from domestic to multifamily or from domestic to high
				yield).
(E) A certification report
				is not needed for temporary monitoring wells, dry holes, or test
				holes.