Title XL, ADDITIONAL EXECUTIVE DEPARTMENTS
14 chapters · 968 sections in this title.
§ 643.010 RSMo Short title
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643.010. Short title. — This chapter shall be known and may be cited as the "Missouri Air Conservation Law". -------- (L. 1965 p. 335 § 1)
§ 643.020 RSMo Definitions
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643.020. Definitions. — When used in this chapter and in standards, rules and regulations promulgated under authority of this chapter, the following words and phrases mean: (1) "AHERA", Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519); (2) "Abatement project designer"…
§ 643.030 RSMo Intent of law — commission to control air pollution
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643.030. Intent of law — commission to control air pollution. — The discharge into the ambient air of air contaminants so as to cause or contribute to air pollution is contrary to the public policy of Missouri and in violation of this chapter. It is the intent and purpose of this…
§ 643.040 RSMo Air conservation commission created — members, terms, expenses, meetings
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643.040. Air conservation commission created — members, terms, expenses, meetings. — 1. There is created hereby an air pollution control agency to be known as the "Air Conservation Commission of the State of Missouri", whose domicile for the purposes of sections 643.010 to 643.35…
§ 643.050 RSMo Powers and duties of commission — rules, procedure
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643.050. Powers and duties of commission — rules, procedure. — 1. In addition to any other powers vested in it by law the commission shall have the following powers: (1) Adopt, promulgate, amend and repeal rules and regulations consistent with the general intent and purposes of s…
§ 643.055 RSMo Commission may adopt rules for compliance with federal law — suspension, reinstatement — exemption, limitations — regulation of residential wood burning heaters or appliances prohibited without legislative authorization
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643.055. Commission may adopt rules for compliance with federal law — suspension, reinstatement — exemption, limitations — regulation of residential wood burning heaters or appliances prohibited without legislative authorization. — 1. Other provisions of law notwithstanding, the …
§ 643.060 RSMo Powers and duties of director
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643.060. Powers and duties of director. — In addition to any other powers vested by law, the director shall have the following powers and duties: (1) Retain, employ, provide for, and compensate, within appropriations available therefor, such consultants, assistants, deputies, cle…
§ 643.070 RSMo Commission to adopt rules, notice — public hearing
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643.070. Commission to adopt rules, notice — public hearing. — 1. The commission shall adopt rules pursuant to chapter 536. The commission shall notify any air pollution control agency with a certificate of authority which may be affected by the rule and any person who has previo…
§ 643.073 RSMo Procedure for submission of applications, fee
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643.073. Procedure for submission of applications, fee. — 1. The commission shall establish, by rule, a procedure for the orderly submission of applications for an operating permit by those regulated air contaminant sources in operation on August 28, 1992, and procedures for the …
§ 643.075 RSMo Construction without permit prohibited — denial, appeal, procedure — fee, exemption — natural resources protection fund, air pollution permit fee subaccount — city or county permit granted, effect
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643.075. Construction without permit prohibited — denial, appeal, procedure — fee, exemption — natural resources protection fund, air pollution permit fee subaccount — city or county permit granted, effect. — 1. It shall be unlawful for any person to commence construction of any …
§ 643.076 RSMo Sections not to apply to locomotives, exception
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643.076. Sections not to apply to locomotives, exception. — The provisions of sections 643.073, 643.075, 643.078 and 643.079 shall not apply to locomotives or engines used in locomotives engaged in interstate commerce unless otherwise required under the provisions of the Federal …
§ 643.077 RSMo Operating and construction permits, transferability
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643.077. Operating and construction permits, transferability. — An operating permit or associated construction permit authorized pursuant to section 643.073 shall be applicable to an operating source and such permit or permits shall transfer to any new owner of an operating sourc…
§ 643.078 RSMo Operation without permit prohibited — single permit for multiple sources — information to be submitted, time period — validation of permit, terms and conditions — time period — director shall enforce federal standards — appeal — city or county permit granted, effect
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643.078. Operation without permit prohibited — single permit for multiple sources — information to be submitted, time period — validation of permit, terms and conditions — time period — director shall enforce federal standards — appeal — city or county permit granted, effect. — 1…
§ 643.079 RSMo Fees, amount — deposit of moneys, where, subaccount to be maintained — civil action for failure to remit fees, effect upon permit — agencies, determination of fees — fee structure revision
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643.079. Fees, amount — deposit of moneys, where, subaccount to be maintained — civil action for failure to remit fees, effect upon permit — agencies, determination of fees — fee structure revision. — 1. Any air contaminant source required to obtain a permit issued under sections…
§ 643.080 RSMo Investigations, when made — violation, how eliminated — hearing, procedure — final order, notice of
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643.080. Investigations, when made — violation, how eliminated — hearing, procedure — final order, notice of. — 1. The director shall investigate alleged violations of sections 643.010 to 643.355 or any rule promulgated hereunder or any term or condition of any permit and may cau…
§ 643.085 RSMo Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition
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643.085. Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 643.0…
§ 643.090 RSMo Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court
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643.090. Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court. — 1. If the commission or the director finds that a generalized condition of the ambient air due to meteorological conditio…
§ 643.100 RSMo Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved
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643.100. Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved. — 1. At any public hearing all testimony taken before the commission shall be under oath and recorded. The transcript so record…
§ 643.110 RSMo Commission may grant, modify and revoke variances — director to make recommendation, when
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643.110. Commission may grant, modify and revoke variances — director to make recommendation, when. — 1. The commission may grant individual variances beyond the limitations prescribed in this chapter whenever it is found, upon presentation of adequate proof, that compliance with…
§ 643.120 RSMo Commission shall act upon request — decision rendered, when — action to compel completion of proceedings
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643.120. Commission shall act upon request — decision rendered, when — action to compel completion of proceedings. — The commission shall promptly act upon any request for a hearing or appeal which is filed pursuant to the provisions of this chapter. The commission shall cause a …
§ 643.130 RSMo Judicial review
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643.130. Judicial review. — All final orders or determinations of the commission or the director hereunder shall be subject to judicial review pursuant to the provisions of sections 536.100 to 536.140, except that, the provisions of section 536.110 notwithstanding, all actions se…
§ 643.140 RSMo Political subdivisions not preempted in field of air pollution — certificate of authority to issue permits and variances, grounds for revocation
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643.140. Political subdivisions not preempted in field of air pollution — certificate of authority to issue permits and variances, grounds for revocation. — 1. Except as provided under this section, the legislature does not intend by the provisions of sections 643.010 to 643.190 …
§ 643.151 RSMo Violations, penalties, notice — civil action — offer of settlement, method — disclosure of confidential information, penalty
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643.151. Violations, penalties, notice — civil action — offer of settlement, method — disclosure of confidential information, penalty. — 1. It is unlawful for any person to cause or permit any air pollution by emission of any air contaminant from any air contaminant source locate…
§ 643.161 RSMo State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited
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643.161. State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited. — 1. No officer, agency or department of the state government, or of any political subdivision of this state shall enter into a contract with any person requi…
§ 643.170 RSMo Existing penalties not to be impaired — no actionable rights created, exceptions
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643.170. Existing penalties not to be impaired — no actionable rights created, exceptions. — 1. Existing civil or criminal remedies for any wrongful action which is a violation of any part of this chapter or any rule of the commission promulgated hereunder shall not be excluded o…
§ 643.173 RSMo Small business technical assistance program established, duties
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643.173. Small business technical assistance program established, duties. — There is hereby established within the department of natural resources a "Small Business Technical Assistance Program" which shall provide support and assistance to small business. To the maximum extent p…
§ 643.175 RSMo Small business ombudsman, duties — appointment
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643.175. Small business ombudsman, duties — appointment. — 1. There is created within the office of governor a small business ombudsman who shall: (1) Monitor the small business technical assistance program established in section 643.173; (2) Advise and assist small businesses re…
§ 643.190 RSMo Department to be air pollution agency for purposes of federal air pollution control acts
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643.190. Department to be air pollution agency for purposes of federal air pollution control acts. — The department of natural resources is hereby designated as the air pollution agency of the state for all purposes of any federal air pollution control act and may: (1) Take all n…
§ 643.191 RSMo Violation of certain requirements unlawful, penalty — false statements unlawful, penalty
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643.191. Violation of certain requirements unlawful, penalty — false statements unlawful, penalty. — 1. It is unlawful for any person to knowingly violate any applicable standard, limitation, permit condition or any fee or filing requirement promulgated pursuant to sections 643.0…
§ 643.192 RSMo Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when
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643.192. Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when. — 1. Sources required to file an annual emissions inventory questionnaire with the department shall submit, with the questionnaire, an evaluation of the additional cos…
§ 643.210 RSMo Rules, promulgation
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643.210. Rules, promulgation. — No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024. -------- (L. 1988 H.B. 1187 § 1, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3…
§ 643.220 RSMo Missouri emissions banking and trading program established by commission — promulgation of rules
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643.220. Missouri emissions banking and trading program established by commission — promulgation of rules. — 1. The commission shall promulgate rules establishing a "Missouri Air Emissions Banking and Trading Program" to achieve and maintain the National Ambient Air Quality Stand…
§ 643.225 RSMo Rules for asbestos abatement projects, standards and examinations — certification requirements — application — examination, content — certificate expires, when — fees — renewal of certificate requirements — refresher course — failure to pass examination, may repeat exam, when — fee for renewal — inapplicability, exemption, when, fee
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643.225. Rules for asbestos abatement projects, standards and examinations — certification requirements — application — examination, content — certificate expires, when — fees — renewal of certificate requirements — refresher course — failure to pass examination, may repeat exam,…
§ 643.228 RSMo Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee
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643.228. Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee. — 1. Required training courses for certification under section 643.225 shall first be accredited by the state. To be accredited, train…
§ 643.230 RSMo Denial, suspension or revocation by director, certifications, accreditation of training program or exemption status — grounds — procedure — appeal to commission, powers of commission
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643.230. Denial, suspension or revocation by director, certifications, accreditation of training program or exemption status — grounds — procedure — appeal to commission, powers of commission. — 1. The director may deny, suspend or revoke any certification, accreditation or exemp…
§ 643.232 RSMo Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee
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643.232. Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee. — 1. All asbestos abatement contractors prior to engaging in asbestos abatement projects shall: (1) Register with the department and reregister annually…
§ 643.235 RSMo Registration, denial, suspension or revocation by directors, grounds — appeal to commission, procedure — commission's powers — revocation of registration, person may reapply, when
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643.235. Registration, denial, suspension or revocation by directors, grounds — appeal to commission, procedure — commission's powers — revocation of registration, person may reapply, when. — 1. The director may deny, suspend or revoke any person's registration under sections 643…
§ 643.237 RSMo Projects requiring special application, form, contents — procedure — fee, exemptions from fee — revision of project plans, notification of department required
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643.237. Projects requiring special application, form, contents — procedure — fee, exemptions from fee — revision of project plans, notification of department required. — 1. Any person undertaking an asbestos abatement project of a magnitude greater than or equal to one hundred s…
§ 643.240 RSMo Friable material subject to regulation — air sample analysis, how conducted
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643.240. Friable material subject to regulation — air sample analysis, how conducted. — 1. Before commencement of an asbestos abatement project, persons shall make all reasonable efforts to minimize the spread of friable asbestos-containing materials to uncontaminated areas. 2. A…
§ 643.242 RSMo Inspection of projects, when — inspection fee — postponement of project, notice to department, failure to notify, effect — exemption from fee for local air pollution control agency, when
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643.242. Inspection of projects, when — inspection fee — postponement of project, notice to department, failure to notify, effect — exemption from fee for local air pollution control agency, when. — 1. Asbestos abatement projects of a magnitude greater than or equal to one hundre…
§ 643.245 RSMo Natural resources protection fund — subaccounts created — purpose — lapse into general revenue prohibited — fund deposited where, by state treasurer, interest credited to fund
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643.245. Natural resources protection fund — subaccounts created — purpose — lapse into general revenue prohibited — fund deposited where, by state treasurer, interest credited to fund. — 1. All moneys received pursuant to sections 643.225 to 643.245 and any other moneys so desig…
§ 643.250 RSMo Entry by department on public or private property for regulation purposes — refusal to allow grounds for revocation or injunctions, violations of regulations, penalties
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643.250. Entry by department on public or private property for regulation purposes — refusal to allow grounds for revocation or injunctions, violations of regulations, penalties. — 1. Any authorized representative of the department may enter at all reasonable times, in or upon pu…
§ 643.251 RSMo Certification authorized for persons completing asbestos and earthquake training
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643.251. Certification authorized for persons completing asbestos and earthquake training. — Persons who have completed a course of study on earthquake preparedness which meets state standards and persons who have completed a training course on asbestos abatement which complies w…
§ 643.255 RSMo Cities, counties, state agencies, requirements
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643.255. Cities, counties, state agencies, requirements. — 1. No state agency or political subdivision of this state shall accept a bid in connection with any asbestos abatement project that does not fully comply with the provisions of sections 643.225 to 643.250. 2. No state age…
§ 643.263 RSMo Testing for asbestos, schools — report, contents of — reports of departments
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643.263. Testing for asbestos, schools — report, contents of — reports of departments. — 1. Each public school district and private or parochial school in Missouri shall report to the department of health and senior services the results of the examination of its structures for fr…
§ 643.265 RSMo Department of health and senior services, department of natural resources, interagency agreement
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643.265. Department of health and senior services, department of natural resources, interagency agreement. — The department of health and senior services and the department of natural resources shall develop an interagency agreement establishing agency responsibilities and proced…
§ 643.300 RSMo Citation of law — mandate of Congress
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643.300. Citation of law — mandate of Congress. — Sections 643.300 to 643.355 shall be known as the "Air Quality Attainment Act". The enactment of the air quality attainment act and any subsequent amendments to such act are a mandate of the United States Congress under the federa…
§ 643.303 RSMo Decentralized emissions program for inspections, when, program for inspecting certain motor vehicles, requirements — application for authorization to conduct emission inspections — repairs — certification to begin, when, report — remote sensing devices and gas cap tests authorized — program requirements, interagency agreements — rulemaking authority — promotion of program
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643.303. Decentralized emissions program for inspections, when, program for inspecting certain motor vehicles, requirements — application for authorization to conduct emission inspections — repairs — certification to begin, when, report — remote sensing devices and gas cap tests …
§ 643.305 RSMo Commission to adopt state implementation plan, nonattainment areas, certain cities and counties — emission reductions established — department to establish air quality baseline — cost of reduction measures, determination — emissions inspection program, report, public information program
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643.305. Commission to adopt state implementation plan, nonattainment areas, certain cities and counties — emission reductions established — department to establish air quality baseline — cost of reduction measures, determination — emissions inspection program, report, public inf…
§ 643.310 RSMo Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions — selection of person to operate inspection facility or program, procedure, contract requirement — selection of contractors, minorities, motor vehicle dealers — storage of conventional gasoline in nonattainment area
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643.310. Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions — selection of person to operate inspection facility or program, procedure, contract requirement — selection of contractors, minorities, motor vehicl…