reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.093 - Amount and Scope of Required Financial Responsibility

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the amount of the
				  required financial responsibility.
(1) Owners or operators of petroleum
				underground storage tanks (USTs) shall demonstrate financial responsibility for
				taking corrective action and for compensating third parties for bodily injury
				and property damage caused by accidental releases arising from the operation of
				petroleum USTs in at least the following per occurrence amounts:
(A) One (1) million dollars for owners or
				operators of petroleum USTs that are located at petroleum marketing facilities
				or that handle an average of more than ten thousand (10,000) gallons of
				petroleum per month based on annual throughput for the previous calendar year;
				or
(B) Five hundred thousand
				dollars ($500,000) for all other owners or operators of petroleum
				USTs.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.094 - Allowable Mechanisms and Combinations of Mechanisms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the methods allowed for
				  demonstrating financial responsibility for releases from petroleum underground
				  storage tanks.
(1) Subject to
				the limitations of sections (2) and (3) of this rule-
(A) An owner or operator, including a local
				government owner or operator, may use any one (1) or combination of the
				mechanisms listed in
				10 CSR
				26-3.095-10 CSR
				26-3.103 to demonstrate financial responsibility under
				10 CSR
				26-3.090-10 CSR
				26-3.115 for one (1) or more underground storage tanks
				(USTs); provided, that the total scope and amounts assured meet the
				requirements of
				10
				CSR 26-3.093; and
(B) A local government owner or operator may
				use any one (1) or combination of the mechanisms listed in
				10 CSR
				26-3.112-10 CSR
				26-3.115 to demonstrate financial responsibility under
				10 CSR
				26-3.090-10 CSR
				26-3.115 for one (1) or more USTs; provided, that the
				total scope and amounts assured meet the requirements of
				10
				CSR 26-3.093.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.095 - Financial Test of Self-Insurance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements a
				  person must meet for self- insurance.
(1) An owner or operator, or guarantor, may
				satisfy the requirements of
				10
				CSR 26-3.093 by passing a financial test as specified
				in this rule. To pass the financial test of self-insurance, the owner or
				operator, or guarantor, shall meet the criteria of section (2) or (3) of this
				rule based on year-end financial statements for the latest completed fiscal
				year.
(2) The owner or operator, or
				guarantor, shall have a tangible net worth that meets the following
				requirements:
(A) The owner or operator, or
				guarantor, shall have a tangible net worth of at least ten (10) times-
1. The total of the applicable aggregate
				amount required by
				10
				CSR 26-3.093 based on the number of underground
				storage tanks (USTs) for which a financial test is used to demonstrate
				financial responsibility to the department;
2. The sum of the corrective action cost
				estimates, the current closure and post-closure care cost estimates, and amount
				of liability coverage for which a financial test is used to demonstrate
				financial responsibility to the Environmental Protection Agency (EPA) in 40 CFR
				parts 264.101, 264.143, 264.145, 264.147, 265.143, 265.145, and 265.147 or
				under any state program authorized by E PA under 40 CFR part 271; or
3. The sum of current plugging and
				abandonment cost estimates for which a financial test is used to demonstrate
				financial responsibility to E PA under 40 CFR part 144.63 or under any program
				authorized by EPA under 40 CFR part 145;
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.096 - Guarantee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements for a
				  guarantee of financial responsibility.
(1) An owner or operator may satisfy the
				requirements of
				10
				CSR 26-3.093 by obtaining a guarantee that conforms to
				the requirements of this section. The guarantor shall be-
(A) A firm that-
1. Possesses a controlling interest in the
				owner or operator;
2. Possesses a
				controlling interest in a firm described under paragraph(1)(A)1. of this rule;
				or
3. Is controlled through stock
				ownership by a common parent firm that possesses a controlling interest in the
				owner or operator; or
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.101 - Petroleum Storage Tank Insurance Fund

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements for use
				  of the Petroleum Storage Tank Insurance Fund for demonstrating financial
				  responsibility.
(1) An owner
				or operator may satisfy part of the financial responsibility requirements of
				10
				CSR 26-3.093 for underground storage tanks (USTs)
				located in this state from the Petroleum Storage Tank Insurance Fund. In
				addition, any other combination of mechanisms may be used to supplement
				coverage provided by the Petroleum Storage Tank Insurance Fund so that the sum
				of the mechanisms provides the required amount of assurance.
*Original authority: 319.114, RSMo 1989 and 319.129, RSMo
					 1989, amended 1991, 1996, 1998, 2001,
					 2008.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.102 - Trust Fund

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements for use
				  of a trust fund for demonstrating financial responsibility.
(1) An owner or operator may satisfy the
				financial responsibility requirements of
				10
				CSR 26-3.093 by establishing a trust fund that
				conforms to the requirements of this rule. The trustee shall be an entity that
				has the authority to act as a trustee and whose trust operations are regulated
				and examined by a federal agency or an agency of the state in which the fund is
				established.
(A) The wording of the trust
				agreement shall be identical to the wording for a standby trust fund in
				10 CSR
				26-3.103(2) and shall be accompanied
				by a formal certification of acknowledgment for a standby trust fund in
				10 CSR
				26-3.103(3).
(B) The trust fund, when established, shall
				be funded for the full required amount of coverage or funded for part of the
				required amount of coverage and used in combination with other mechanism(s)
				that provide the remaining required coverage.
(C) If the value of the trust fund is greater
				than the required amount of coverage, the owner or operator may submit a
				written request to the director for release of the excess.
(D) If other financial assurance as specified
				in
				10 CSR
				26-3.090-10 CSR
				26-3.115 is substituted for all or part of the trust
				fund, the owner or operator may submit a written request to the director for
				release of the excess.
(E) Within
				sixty (60) days after receiving a request from the owner or operator for
				release of funds as specified in subsection (1)(C) or (D) of this rule, the
				director will instruct the trustee to release to the owner or operator those
				funds the director specifies in writing.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.104 - Substitution of Financial Assurance Mechanisms by Owner or Operator

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements for the
				  substitution of financial assurance mechanisms for demonstration of financial
				  responsibility.
(1) An owner
				or operator may substitute any alternate financial assurance mechanisms as
				specified in
				10 CSR
				26-3.090-10 CSR
				26-3.115, provided that at all times s/he maintains an
				effective financial assurance mechanism or combination of mechanisms that
				satisfies the requirements of
				10
				CSR 26-3.093.
(2) After obtaining alternate financial
				assurance as specified in
				10 CSR
				26-3.090-10 CSR
				26-3.115, an owner or operator may cancel a financial
				assurance mechanism by providing notice to the provider of financial
				assurance.
*Original authority: 319.114, RSMo
					 1989.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.105 - Cancellation or Non-renewal by a Provider of Financial Assurance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires providers of financial
				  responsibility to notify the department of impending cancellation or nonrenewal
				  of any financial assurance mechanism.
(1) Except as otherwise provided, a provider
				of financial assurance may cancel or fail to renew an assurance mechanism by
				sending a notice of termination by certified mail to the owner or operator.
				Notice of termination shall comply with the following requirements:
(A) Termination of a guarantee, a surety
				bond, or a letter of credit shall not occur until one hundred twenty (120) days
				after the date on which the owner or operator receives the notice of
				termination as evidenced by the return receipt; and
(B) Termination of insurance or risk
				retention group coverage, except for nonpayment or misrepresentation by the
				insured or state-funded assurance, shall not occur until sixty (60) days after
				the date on which the owner or operator receives the notice of termination as
				evidenced by the return receipt. Termination for nonpayment of premium or
				misrepresentation by the insured may not occur until a minimum of ten (10) days
				after the date on which the owner or operator receives the notice of
				termination as evidenced by the return receipt.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.106 - Reporting by Owner or Operator

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires owners and operators to
				  show evidence of financial responsibility to the department.
(1) An owner or operator shall submit the
				appropriate forms listed in
				10 CSR
				26-3.107(2) documenting current
				evidence of financial responsibility to the director-
(A) Within thirty (30) days after the owner
				or operator identifies a release from an underground storage tank (UST)
				required to be reported under
				10 CSR
				26-2.053 or
				10 CSR
				26-2.071;
(B) If the owner or operator fails to obtain
				alternate coverage as required by
				10 CSR
				26-3.090-10 CSR
				26-3.115 within thirty (30) days after the owner or
				operator receives notice of-
1. Commencement
				of a voluntary or involuntary proceeding under Title 11 (Bankruptcy),
United States Code
, naming a provider of financial assurance
				as a debtor;
2. Suspension or
				revocation of the authority of a provider of financial assurance to issue a
				financial assurance mechanism;
3.
				Failure of a guarantor to meet the requirements of the financial test;
				or
4. Other incapacity of a
				provider of financial assurance; or
(C) As required by
				10 CSR
				26-3.095(7) and
				10
				CSR 26-3.105(2).
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.108 - Drawing on Financial Assurance Mechanisms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures for draw
				  down of financial responsibility mechanisms.
(1) Except as specified in section (4) of
				this rule, the director shall require the guarantor, surety, or institution
				issuing a letter of credit to place the amount of funds stipulated by the
				director, up to the limit of funds provided by the financial assurance
				mechanism, into the standby trust if-
(A) The
				following conditions exist:
1. The owner or
				operator fails to establish alternate financial assurance within sixty (60)
				days after receiving notice of cancellation of the guarantee, surety bond,
				letter of credit, or, as applicable, other financial assurance mechanism;
				and
2. The director determines or
				suspects that a release from an underground storage tank (UST) covered by the
				mechanism has occurred and so notifies the owner or operator, or the owner or
				operator has notified the director pursuant to
				10 CSR
				26-2.050-10 CSR
				26-2.083 of a release from a UST covered by the
				mechanism; or
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.109 - Release From the Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes when an owner or
				  operator is released from financial responsibility
				  requirements.
(1) An owner or
				operator is no longer required to maintain financial responsibility under
				10 CSR
				26-3.090-10 CSR
				26-3.115 for an underground storage tank (UST) after
				the tank has been properly closed, or if corrective action is required, after
				corrective action has been completed and the tank has been properly closed as
				required by
				10 CSR
				26-2.060-10 CSR
				26-2.064.
*Original authority: 319.114, RSMo
					 1989.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.111 - Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes requirements that the
				  owner or operator maintain financial responsibility mechanism at a fully funded
				  level.
(1) If at any time
				after a standby trust is funded upon the instruction of the director with funds
				drawn from a guarantee, letter of credit, or surety bond and the amount in the
				standby trust is reduced below the full amount of coverage required, the owner
				or operator, by the anniversary date of the financial mechanism from which the
				funds were drawn shall-
(A) Replenish the
				value of financial assurance to equal the full amount of coverage required;
				or
(B) Acquire another financial
				assurance mechanism for the amount by which funds in the standby trust have
				been reduced.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.112 - Local Government Bond Rating Test

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements for use
				  of a local government bond rating test for demonstrating financial
				  responsibility.
(1) A general
				purpose local government owner or operator, local government, or both, serving
				as a guarantor may satisfy the requirements of
				10
				CSR 26-3.093 by having a currently outstanding
				issue(s) of general obligation bonds of one (1) million dollars or more,
				excluding refunded obligations, with a Moody's rating of Aaa, Aa, A, or Baa, or
				a Standard & Poor's rating of AAA, AA, A, or BBB. Where a local government
				has multiple outstanding issues, or where a local government's bonds are rated
				by both Moody's and Standard & Poor's, the lowest rating shall be used to
				determine eligibility. Bonds that are backed by credit enhancement other than
				municipal bond insurance may not be considered in determining the amount of
				applicable bonds outstanding.
(2) A
				local government owner or operator or local government serving as a guarantor
				that 1) is not a general purpose local government and 2) does not have the
				legal authority to issue general obligation bonds may satisfy the requirements
				of
				10
				CSR 26-3.093 by-
(A)
				Having a currently outstanding issue(s) of revenue bonds of one (1) million
				dollars or more, excluding refunded issues; and
(B) Having a Moody's rating of Aaa, Aa, A, or
				Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the lowest
				rating for any rated revenue bond issued by the local government. Where bonds
				are rated by both Moody's and Standard & Poor's, the lower rating for each
				bond shall be used to determine eligibility. Bonds that are backed by credit
				enhancement may not be considered in determining the amount of applicable bonds
				outstanding.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 3 - Underground Storage Tanks- Financial Responsibility › Section 10 CSR 26-3.114 - Local Government Guarantee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the requirements for a
				  local government guarantee of financial responsibility.
(1) A local government owner or operator may
				satisfy the requirements of
				10
				CSR 26-3.093 by obtaining a guarantee that conforms to
				the requirements of this rule. The guarantor must be either the state in which
				the local government owner or operator is located or a local government having
				a substantial governmental relationship with the owner and operator and issuing
				the guarantee as an act incident to that relationship. A local government
				acting as the guarantor shall demonstrate that it meets the-
(A) Bond rating test requirement of
				10 CSR
				26-3.112 and deliver a copy of the chief financial
				officer's letter as contained in
				10 CSR
				26-3.112(4) or (5) to the local
				government owner or operator;
(B)
				Worksheet test requirements of
				10 CSR
				26-3.113 and deliver a copy of the chief financial
				officer's letter as contained in
				10 CSR
				26-3.113(3) to the local government
				owner or operator; or
(C) Local
				government fund requirements of
				10 CSR 26-3.115(1)(A),
				(B), or (C) and deliver a copy of the chief
				financial officer's letter as contained in
				10 CSR
				26-3.115 to the local government owner or
				operator.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 4 - Underground Storage Tanks- Administrative Penalties › Section 10 CSR 26-4.080 - Administrative Penalty Assessment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the procedures for
				  assessment of administrative penalties.
(1) General Provisions.
(A) Pursuant to section
				319.127,
				RSMo, and in addition to any other remedy provided by law, upon determination
				by the director that a provision of sections 319.100-319.139, RSMo, or a
				standard, limitation, order or rule promulgated, or a term or condition of any
				permit has been violated, the director may issue an order assessing an
				administrative penalty upon the violator. The amount of the administrative
				penalty will be determined according to section (3) of this rule. In no event
				may the total penalty assessed per day of violation exceed the statutory
				maximum specified in section
				319.127,
				RSMo.
(B) An administrative penalty
				shall not be imposed until the department has sought to resolve the violations
				through conference, conciliation, and persuasion and shall not be imposed for
				minor violations. If the violation is resolved through conference,
				conciliation, and persuasion, no administrative penalty shall be assessed
				unless the violation has caused, or had the potential to cause, a risk to human
				health or to the environment, or has caused or had the potential to cause
				pollution, or was knowingly committed, or is not a minor violation.
(C) An order assessing an administrative
				penalty shall be served upon the operator, owner, or appropriate representative
				through United States Postal Service certified mail, return receipt requested,
				a private courier or messenger service which provides verification of delivery
				or by hand delivery to the operator's or owner's residence or place of
				business. An order assessing an administrative penalty shall be considered
				served if verified receipt is made by the operator's or owner's appropriate
				representative. A refusal to accept, or a rejection of certified mail, private
				courier, or messenger service delivery or by hand delivery of an order
				assessing an administrative penalty constitutes service of the order.
(D) The program may, at any time, withdraw,
				without prejudice, any administrative order.
(E) An order assessing an administrative
				penalty shall describe the nature of the violation(s), the amount of the
				administrative penalty being assessed and the basis of the penalty
				calculation.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 5 - Aboveground Storage Tanks- Release Response › Section 10 CSR 26-5.020 - Release Reporting and Initial Release Response Measures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Clean Water Commission is
				  responsible for adopting rules necessary to prevent, control, and abate
				  potential discharge of contaminants to the waters of the state. Releases of
				  petroleum and other regulated substances from aboveground storage tanks and
				  associated piping, primarily from ASTs located at service stations, marinas,
				  bulk plants, and fleet fueling facilities, have been documented throughout the
				  state. While the applicable Department of Agriculture regulations focus on
				  prevention of such releases, there are currently no specific requirements for
				  release response measures that must be taken to protect the environment and the
				  waters of the state. The commission has determined release response measures to
				  be necessary because, once a release has occurred, the nature of the
				  contaminants is such that, without appropriate release response measures, there
				  is a substantial threat that the discharged contaminants will pollute the
				  waters of the state. The intent of the release response measures required by
				  the rules in this chapter is to prevent any discharged contaminants from
				  polluting the waters of the state. Specifically, this rule establishes
				  procedures for reporting suspected releases, responding to releases and the
				  subsequent steps necessary to ensure that a release is properly investigated
				  and cleaned up. This rule also describes the first steps that shall be taken to
				  abate or stop the spread of contaminants, mitigate and determine the extent of
				  the release, and requires spilled free product to be collected and removed from
				  the environment immediately. The rule further establishes requirements for
				  verification of a release, and for conducting off-site investigations following
				  reported or suspected releases if off-site migration is
				  suspected.
(1) Reporting
				Releases and Suspected Releases. Unless otherwise provided in this rule, owners
				and operators of aboveground storage tanks (ASTs) shall report any suspected or
				confirmed release of a regulated substance to the Department of Natural
				Resources' Emergency Spill Line at (573) 634-2436 at the earliest practical
				moment within twenty-four (24) hours of discovery of the suspected or confirmed
				release. Immediately upon the discovery or observation of regulated substances
				on the ground surface or in groundwater, surface water, or subsurface soils,
				the owner or operator shall complete the following:
(A) The initial release response measures
				described in section (7) of this rule;
(B) If necessary, the free product recovery
				measures described in section (8) of this rule.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 26 - Petroleum and Hazardous Substance Storage Tanks › Chapter 5 - Aboveground Storage Tanks- Release Response › Section 10 CSR 26-5.030 - Site Characterization and Corrective Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Missouri Clean Water Commission is
				  responsible for adopting rules necessary to prevent, control, and abate
				  potential discharge of contaminants to the waters of the state. Releases of
				  petroleum and other regulated substances from aboveground storage tanks and
				  associated piping, primarily from ASTs located at service stations, marinas,
				  bulk plants, and fleet fueling facilities, have been documented throughout the
				  state. While the applicable Department of Agriculture regulations focus on
				  prevention of such releases, there are currently no specific requirements for
				  release response measures that must be taken to protect the environment and the
				  waters of the state. The commission has determined release response measures to
				  be necessary because, once a release has occurred, the nature of the
				  contaminants is such that, without appropriate release response measures, there
				  is a substantial threat that the discharged contaminants will pollute the
				  waters of the state. The intent of the release response measures required by
				  the rules in this chapter is to prevent any discharged contaminants from
				  polluting the waters of the state. Further, this rule specifies the procedures
				  for soil and groundwater investigations or characterization of the release at
				  the site, and lists the requirements for corrective action plans for cleanup of
				  releases from aboveground storage tank sites. In addition, this rule specifies
				  the type of information required to be submitted by the owner or operator to
				  the department, upon completion of these phases of activities.
(1) Site Characterization.
(A) At the request of the department in
				response to a release, the owner or operator of an AST shall conduct a site
				characterization to include a full investigation of the release, the release
				site, and the surrounding area to determine the full extent and location of
				soils contaminated by the release and the presence and concentrations of
				contamination in the groundwater if the Initial Release Response Report
				submitted in compliance with
				10
				CSR 26-5.020 documents any of the following:
1. Contaminated groundwater or surface water
				above action levels;
2.
				Contaminated soils above action levels;
3. Presence of free product; or
4. Some other characteristic determined by
				the department to require further investigation because of its potential to
				result in pollution of the waters of the state or a potential threat to human
				health and the environment.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.010

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7) and 60.550, RSMo 1969 and
					 448.2-109, RSMo 1983, amended 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.040

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7), RSMo 1969; 60.550, RSMo
					 1969; and 448.2-109, RSMo 1983, amended
					 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.050

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7) and 60.550, RSMo 1969 and
					 448.2-109, RSMo 1983, amended 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7), RSMo 1969; 60.550, RSMo
					 1969; and 448.2-109, RSMo 1983, amended
					 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.070

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7), RSMo 1969; 60.550, RSMo
					 1969; and 448.2-109, RSMo 1983, amended
					 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.080

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7), RSMo 1969; 60.550, RSMo
					 1969; and 448.2-109, RSMo 1983, amended
					 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.090

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7), RSMo 1969; 60.550, RSMo
					 1969; and 448.2-109, RSMo 1983, amended
					 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.100

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7), RSMo 1969; and 60.550, RSMo
					 1969; and 448.2-109, RSMo 1983, amended
					 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 2 › Section 10 CSR 30-2.110

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.510(7) and 60.550, RSMo 1969 and
					 448.2-109, RSMo 1983, amended 1988.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the various technical and
				  legal terms used in Chapter 3.
(1) Alteration of a corner, the changing of
				the physical monumentation of the corner or accessories.
(2) Corners of the United States Public Land
				Survey, those points that determine the boundaries of the various subdivisions
				represented on the official plat such as the township corner, the section
				corner, the quarter-section corner, blank quarter section corners, fractional
				section corner, center of section, grant corner, lot corner and meander
				corner.
(3) Date of the field work
				is the date on which the monument was physically placed in the
				ground.
(4) Existent corner, a
				corner whose position can be identified by verifying the evidence of the
				original monument or its accessories, or by some physical evidence described in
				the field notes, or located by an acceptable supplemental survey record or some
				physical evidence thereof, or by testimony. The physical evidence of a corner
				may have been entirely obliterated but the corner will be considered existent
				if its position can be recovered through the testimony of one (1) or more
				witnesses who have a dependable knowledge of the original location. A legally
				reestablished corner shall have the same status as an existent
				corner.
(5) Lost corner, a corner
				whose position cannot be determined, beyond reasonable doubt, either from
				traces of the original marks or from acceptable evidence or testimony that
				bears upon the original position.
(6) Monument, the physical object which marks
				the corner point determined by the surveying process. The accessories, such as
				bearing trees, bearing objects, reference monuments, mounds of stone and other
				similar objects that aid in identifying the corner position, are also
				considered a part of a corner monument.
(7) Reestablishment of a corner, the
				remonumentation of a lost corner using statutory procedures.
(8) Removal of a corner, the complete
				elimination of the existing corner monument because of construction, clearing
				or similar operations.
(9)
				Restoration of a corner, the remonumentation of an existent or obliterated
				corner from survey records, physical evidence or by testimony.
(10) Suitable reference monuments, monuments
				set in such a manner and position that the corner which is referenced could be
				located by angle and distance or by two (2) distances from these
				monuments.
*Original authority: 60.321, RSMo 1989 and 60.550, RSMo
					 1969.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.020 - Removal or Alteration of Corners

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines a procedure to alter or
				  remove a government corner and to obtain approval of the Department of Natural
				  Resources.
All persons wishing to remove or alter a corner of the United
				  States Public Land Survey shall employ a registered land surveyor to establish
				  suitable reference monuments and shall file an approved document showing the
				  reference monument or alteration within ninety (90) days from the date of the
				  field work. The permission required by section
				  60.550,
				  RSMo is granted upon filing the approved document with the Missouri Department
				  of Natural Resources Land Survey Program.
*Original authority: 60.321, RSMo 1989 and 60.550, RSMo
					 1969.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.321, RSMo 1989 and 60.550, RSMo
					 1969.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.040 - Procedure for Filing Documents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedure for filing
				  corner restoration or reestablishment documents with the Department of Natural
				  Resources.
(1) Approved
				documents shall be filed with the Department of Natural Resources, Division of
				Geology and Land Survey, P. O. Box 250, Rolla, MO 65401. Documents filed with
				the county recorder must first be filed with the Department of Natural
				Resources.
(2)
				Restoration/Reestablishment and Resident Witness Affidavit forms may be
				obtained in a reasonable number from the Department of Natural Resources,
				Division of Geology and
Land Survey, P. O. Box 250, Rolla, MO 65401.
(3) There is no fee for filing
				these documents.
(4) Filing of
				corner documentation with the Department of Natural Resources does not create
				an implied warranty by either the surveyor or the Department of Natural
				Resources as to conclusive evidence of the corner location.
*Original authority: 60.321, RSMo 1989 and 60.550, RSMo
					 1969.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.050 - Monumentation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the type of monument to
				  be installed to preserve the position of the United States Public Land Survey
				  Corner.
(1) All corner
				witness and reference monuments shall be permanent monuments of a type
				providing a degree of permanency consistent with that of the adjacent terrain
				and physical features. Monuments will meet the requirements for a permanent
				monument in accordance with
				10
				CSR 30-2.060.
(2) In such cases where the placement of a
				required corner monument at its proper location is impractical, it shall be
				permissible to set a reference or witness monument or mark near that point, and
				if such reference monument or mark is set, its location shall be properly shown
				on the documentation.
(3) All
				monuments shall be marked and designated in accordance with
				10 CSR 30-3.060. The
				precise position shall be marked by a point, cross, or appropriate symbol on
				the monument.
(4) Where possible,
				four (4) reference ties (distance and/or direction) to durable objects will be
				made to provide the means for relocating the marked corner if the monument is
				disturbed. Durable objects include, but are not restricted to: house corners
				(fully describe), marks on concrete structures or pavement, marks on ledge or
				bedrock, trees, additional permanent monuments, fence posts, utility poles, and
				crosses on curbs.
(5) In some
				special cases where an existing monument is found and it is deemed appropriate
				to preserve the monument in its original location, a reference or witness
				monument may be installed nearby.
(6) At locations where a stone, iron pin,
				pipe or other monument is to be replaced by a permanent monument, the existing
				monument will be removed and buried or placed alongside the permanent monument.
				If there is an "X" or other mark on the old monument, it should be buried
				facing down or on its side so as not to be confused with the permanent
				monument.
*Original authority: 60.321, RSMo 1989 and 60.550, RSMo
					 1969.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.060

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 60.321, RSMo 1989 and 60.550, RSMo
					 1969.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.070 - Missouri Coordinate System, 1983

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the use of Missouri
				  Coordinate System of 1983 in special situations.
(1) When the corner that is reestablished or
				restored is part of a survey to create a subdivision and if that subdivision is
				required to be tied to the Missouri Coordinate System of 1983, the corner shall
				also be tied to the Missouri Coordinate System of 1983 and the coordinates
				shall be shown on the Restoration/Reestablishment form.
(2) State coordinates to be shown on
				restoration forms shall be in accordance with
				10
				CSR 30-2.050.
(3) State coordinates may be used to
				reference corners in lieu of monuments.
*Original authority: 60.321, RSMo 1989 and 60.550, RSMo
					 1969.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 3 - United States Public Land Survey Corners › Section 10 CSR 30-3.080 - Approved Documents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the form of the
				  document to be registered with the Department of Natural
				  Resources.
(1) An approved
				document may be any one (1) of the following:
(A) Certified Land Corner Restoration form
				(for restoration and alteration of existing corners and for referencing of
				corners to be destroyed);
(B)
				Certified Land Corner Reestablishment form (for reestablished corners);
				and
(C) Special form approved by
				the Department of Natural Resources.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 4 - First and Second Order Horizontal and Vertical Control › Section 10 CSR 30-4.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines technical terms used in
				  Chapter 4.
(1) Positional
				accuracy of a station is the accuracy of the station related to the reference
				stations that are held fixed National Geodetic Survey (NGS) or other higher
				order stations in the process of the adjustment. Positional accuracy of a
				station is computed from the constrained, correctly weighted, least squares
				adjustment at the ninety-five percent (95%) confidence level.
(2) Relative accuracy is the relative
				position of one station with respect to another station. It is computed for all
				directly connected stations from the minimally constrained and the constrained
				correctly weighted, least squares adjustment at the ninety-five percent (95%)
				confidence level.
(3) Rural
				area-For purposes of this chapter, a rural area is any second, third or fourth
				class county according to 48.020, RSMo.
(4) Urban area-For purposes of this chapter,
				an urban area is any first class county according to 48.020, RSMo.
*Original authority: 60.451.3, RSMo 1984 and 60.461, RSMo
					 1984.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 4 - First and Second Order Horizontal and Vertical Control › Section 10 CSR 30-4.020 - Horizontal Control Classification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the classes of
				  horizontal control.
(1) First
				Order Horizontal Control Classification. The purpose of this class of survey is
				to establish the primary horizontal control station of the Missouri Geographic
				Reference System or the National Geodetic Reference System.
(2) Second Order Horizontal Control
				Classification. The purpose of this class of survey is to establish secondary
				and supplemental horizontal control stations of the Missouri Geographic
				Reference System or the National Geodetic Reference System.
(3) Both first and second order stations are
				dependent stations constrained to the existing first and second order stations
				of the Missouri Geodetic Reference System and/or the National Geodetic
				Reference System. These stations are to be used to meet the needs of mapping,
				land information systems, property boundaries, and engineering
				surveys.
*Original authority: 60.451.3, RSMo 1984 and 60.461, RSMo
					 1984.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 4 - First and Second Order Horizontal and Vertical Control › Section 10 CSR 30-4.030 - Accuracy of Horizontal Control

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the acceptable accuracy
				  of first and second order control.
(1) The accuracy of a horizontal control
				station is classified according to constrained and unconstrained relative
				accuracy of the distance between the stations and the positional accuracy of
				the station relative to the known stations. The failure to meet any of the
				three criteria shall cause the station to not meet the
				classification.
(2) First Order
				Horizontal Control.
(A) The relative accuracy
				of the distance between directly connected adjacent points shall be equal to or
				less than twelve millimeters (12 mm) for distances equal or less than one
				kilometer (1 km) and ten parts per million (10 ppm) for distances greater than
				one kilometer (1 km).
(B) The
				positional accuracy of a station shall be thirty millimeters (30 mm) in urban
				areas and sixty millimeters (60 mm) in rural areas.
Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 30 - Land Survey › Chapter 4 - First and Second Order Horizontal and Vertical Control › Section 10 CSR 30-4.040 - Acceptance and Publication by DNR

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule designates the procedures for
				  determining which control will be a part of the Missouri Geographic Reference
				  System.
(1) The following
				information will be submitted for each control survey that is to be evaluated
				for inclusion into the Missouri Geographic Reference System (MO GRS) as a first
				or second order station.
(A) A sketch will be
				submitted showing all stations occupied during the control survey. In addition
				to occupied stations, the sketch should show other existing horizontal or
				vertical stations located within or near the project area.
(B) A legend on the sketch should show the
				following information:
Project Name General Locality
Name of organization performing observations
Date of project start and completion
(C) A north arrow and graphic scale should
				appear on the sketch. All station symbols should be labeled with the station
				name with an inset used when stations are spaced too closely together to be
				clearly depicted on the network sketch.