Title XL — ADDITIONAL EXECUTIVE DEPARTMENTS

*640.010. Department created — director, appointment, powers, duties — transfer of certain agencies. — 1. There is hereby created a department of natural resources in charge of a director appointed by the governor, by and with the advice and consent of the senate. The director sh…

640.011. Criminal background check, fingerprint submission. — 1. The department of natural resources may require that fingerprint submissions be made as part of an application seeking employment or to volunteer with the department of natural resources. 2. If the department of nat…

*640.012. Burden of proof in contested cases heard by administrative hearing commission, exceptions. — In all contested case administrative appeals heard by the administrative hearing commission pursuant to section 621.250, the burden of proof shall be upon the department of natu…

640.013. Appeals from certain environmental decisions to be heard by administrative hearing commission. — The administrative hearing commission shall have the authority to hear certain environmental appeals in accordance with section 621.250. ­­-------- (L. 2005 H.B. 824, A.L. 20…

640.015. Environmental conditions or standards, rules to cite specific law or authority relied upon — regulatory impact report required, contents, procedure, not required when — section not applicable, when. — 1. All provisions of the law to the contrary notwithstanding, all rule…

640.016. Permit restrictions by department of natural resources prohibited in absence of statutory authority — permit issuance procedures — denial of permit, basis to be detailed — approval of permit not to be altered for one year, when. — 1. The department of natural resources s…

*640.017. Unified permit schedule authorized for activities requiring multiple permits — director's duties — procedure — rulemaking authority. — 1. Notwithstanding any other provision of law, for activities that may require multiple environmental state permits or certifications, …

640.018. Permit issuance after expiration of statutorily required time frame — engineering plans, specifications and designs — permit application or modification, statement required, use by department. — 1. In any case where the department has not issued a permit or rendered a pe…

640.023. Permitting or regulatory action based solely on guidance, prohibited when. — Notwithstanding any provision of law to the contrary, the department of natural resources shall not take any permitting or regulatory action based solely on guidance that has not been promulgate…

*640.026. Enforcement and penalties, list of documents produced for external dissemination — JCAR review, contents. — 1. The department of natural resources shall, by December 1, 2013, and annually thereafter, develop a list of all documents produced for external dissemination, e…

640.030. Interagency plan, department of natural resources and department of conservation. — The department of natural resources and the department of conservation shall develop an interagency plan and execute an interagency agreement regarding the application and use of any port…

640.033. Department may not adopt certain rules. — The department of natural resources or any division thereof shall not adopt any rules with regard to emissions of power plants fired by Missouri coal which are more stringent than any federal law or regulation. ­­-------- (L. 199…

640.035. Environmental control — conservation programs — department's duty to maintain records, content. — For any program relating to environmental control and the conservation and management of natural resources assigned to the department of natural resources or any division th…

640.040. Cleanup of controlled substance laboratories — rules — fund. — 1. The department of natural resources may provide the resources and personnel to assist in the cleanup and disposal of the hazardous substances including, but not limited to chemicals intended for use in or …

640.045. Revolving fund for cash transactions for sale of items made by Department of Natural Resources divisions established. — Upon a request from the director of the department of natural resources, the commissioner of administration shall draw a warrant payable to any and all…

*640.065. Revolving services fund created, use of moneys. — 1. The "Department of Natural Resources Revolving Services Fund" is hereby created. All funds received by the department of natural resources from the delivery of services and the sale or resale of maps, plats, reports, …

*640.075. Brochures on Thomas Hart Benton murals and capitol art work, publication. — The department of natural resources is authorized to gather data, photographs and such other materials as may be necessary and to prepare, edit and publish from time to time, as deemed necessary…

640.078. Federal Clean Water Act and federal Safe Drinking Water Act, tax refunds in violation of — department of natural resources to identify other appropriated funds to department for transfer to the state general revenue fund. — 1. If a refund mandated under Article X, Sectio…

*640.080. E. coli measuring standard — posting of signs when beaches exceed, language — authority to close beaches. — 1. For Missouri state parks' designated swim beaches, a standard that measures E. coli using the Environmental Protection Agency's Method 1603, or any other equiv…

*640.090. Implementation impact report, submitted to whom — criteria. — 1. In developing, amending, or revising state implementation plans to address National Ambient Air Quality Standard nonattainment areas under the federal Clean Air Act, as amended (42 U.S.C. Section 7401, et …

640.095. Penalties, imposition of — department duties, procedure. — In all instances where the department of natural resources has authority to issue penalties and determines that a penalty should be levied, the department shall provide in writing to the alleged violator, togethe…

640.099. Nonseverability of act. — Notwithstanding the provisions of section 1.140 to the contrary, the provisions of sections 37.070, 67.4500, 67.4505, 67.4510, 67.4515, 67.4520, 247.060, 253.090, 442.014, 444.771, 444.773, 621.250, 640.018, 640.128, 643.020, 643.040, 643.050, 6…

[Repealed or reserved.]

640.102. Definitions. — When used in sections 640.100 to 640.140 and in rules promulgated under authority of sections 640.100 to 640.140, the following words and phrases shall have the meanings ascribed to them in this section: (1) "Commission", the safe drinking water commission…

640.105. Commission established, members appointed — organization — reimbursement for expenses. — 1. The "Safe Drinking Water Commission" is hereby established within the department of natural resources and shall be composed of nine persons. All members of the commission shall be…

640.107. Drinking water revolving fund — loans and grants — funds for training and technical assistance. — 1. There is hereby established, as a subfund of the water and wastewater fund established in section 644.122, the "Drinking Water Revolving Fund", which shall be maintained …

640.110. Fund established — deposits, disbursements — unexpended balance not transferred. — There is hereby established in the state treasury the "Safe Drinking Water Fund". All fees or other moneys payable under the provisions of section 192.320 and sections 640.100 to 640.140 s…

640.115. Information to be furnished — approval of supplies — system changes to conform to rules — permit applications — appeals. — 1. Every municipal corporation, private corporation, company, partnership, federal establishment, state establishment or individual supplying or aut…

640.116. Exemption from rules, system exclusively serving charitable or benevolent organization, when. — 1. Any water system that exclusively serves a charitable or benevolent organization, if the system does not regularly serve an average of one hundred persons or more at least …

640.120. Tests, required when — inspections, sampling, entry denied, procedure — publication, community water quality — lead-free construction and repair materials required, exceptions. — 1. The department of natural resources shall require tests for those contaminants in water w…

640.125. Test results to be reported — records to be retained — notices — information to be provided. — 1. The public water system shall report to the department of natural resources the results of all tests required by the state drinking water regulations and shall report to eac…

640.128. Voluntary reporting by permit holders, department to notify local and state health departments of potential risks. — If an entity that holds a permit issued under chapter 644 or under sections 640.100 to 640.140 voluntarily reports to the department of natural resources …

640.130. Emergencies — actions to be taken — water systems in violation, penalties. — 1. Whenever the department of natural resources determines that an emergency exists which endangers or could be expected to endanger the public health and safety with regard to drinking water su…

640.131. Administrative penalties. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 640.100 to 640.140 or a standard, limitation, order, rule or regulation promulgated thereunder, or a term or condition of any…

640.135. Fluoride rules prohibited. — The department of natural resources shall not promulgate any rule or regulation to require or prohibit the addition of fluoride to drinking water. ­­-------- (L. 1978 S.B. 509 § 192.212)

*640.136. Fluoridation modification, notification to department and customers, when. — 1. Any public water system, as defined in section 640.102, or public water supply district, as defined in chapter 247, which intends to make modifications to fluoridation of its water supply sh…

640.137. Source water of public water systems — duties of department — petition program authorized. — 1. The department may, upon availability of appropriate funding, determine and specify the boundaries of the areas in the state from which one or more public water systems receiv…

640.140. Department may cooperate with others — may receive aid, conduct training and research — may financially assist in construction of water systems. — The department of natural resources may enter into agreements, contracts, or cooperative arrangements under appropriate term…

640.141. Citation of law — definition of public water system. — Sections 640.141 to 640.145 shall be known as the "Water Safety and Security Act". For the purposes of these sections, the term "community water system" shall mean a public water system as defined in section 640.102 …

640.142. Plan for identifying and mitigating cyber risk — exemption, when — inapplicability, when. — 1. Within twelve months of August 28, 2020, each community water system shall create a plan that establishes policies and procedures for identifying and mitigating cyber risk. The…

640.144. Valve inspection program, requirements — hydrant inspection program, requirements — inapplicability, when. — 1. All community water systems shall be required to create a valve inspection program that includes: (1) Inspection of all valves every ten years; (2) Scheduled r…

640.145. Report, contents — inapplicability, when. — 1. Community water systems shall submit a report upon request of the department of natural resources that shall certify compliance with all regulations regarding: (1) Water quality sampling, testing, and reporting; (2) Hydrant …

640.153. Home energy audits — definitions — certification process. — 1. As used in this section, the following terms mean: (1) "Applicant", an entity that applies to the department for certification as a qualified home energy auditor; (2) "Department", the department of economic …

640.155. Energy information, defined — confidentiality — penalty for disclosure. — 1. Any energy information which is voluntarily reported or conveyed to the department of economic development or the Missouri department of natural resources shall be considered confidential and sh…

640.157. Energy center to serve as coordinator of energy sustainability activities, duties. — The division of energy of the department of economic development shall serve as a central point of coordination for activities relating to energy sustainability in the state. As such, th…

640.160. Energy futures fund created, use of moneys. — 1. There is hereby created in the state treasury the "Energy Futures Fund" which shall consist of money appropriated by the general assembly or received from gifts, bequests, donations, or from the federal government. The sta…

640.220. Natural resources protection fund created — purpose — funding — administration — fund relapses into general fund, when. — 1. For the purpose of protecting the air, water and land resources of the state, there is hereby created in the state treasury a fund to be known as …

640.235. Damages received, use, limit, purpose — additional funds used, when — funds transferred, when, how much. — 1. Damages received pursuant to this act shall be used solely for the following purposes, subject to appropriation: Ten percent of each receipt of natural resources…

*640.236. Punitive and exemplary damages, exempt from, when. — In all civil actions involving claims for exposure or contamination arising from the ownership, maintenance, management, or control of underground hard rock mining or hard rock milling sites that ceased operations pri…

640.400. Citation of law. — 1. Sections 640.400 to 640.435 shall be known and may be cited as the "Missouri Water Resource Law", in recognition of the significance of the conservation, development and appropriate use of water resources in Missouri. 2. The department shall ensure …