Title XL — ADDITIONAL EXECUTIVE DEPARTMENTS

644.006. Citation of act. — This subchapter shall be known and may be cited as the "Missouri Clean Water Law". ­­-------- (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321) Effective 7-23-73

644.011. Statement of policy. — Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates a public nuisance, is harmful to wildlife, fish and aquatic life and impairs domestic, agricultural, industrial, recreational and other leg…

644.016. Definitions. — When used in sections 644.006 to 644.141 and in standards, rules and regulations promulgated pursuant to sections 644.006 to 644.141, the following words and phrases mean: (1) "Agrichemical facility", any site, with the exception of chemical production fac…

644.018. Reasonable use defined in cases involving surface water in flood-prone areas. — In any contested case or judicial proceeding filed after January 1, 1998, involving surface water in any flood-prone area, if any defendant has obtained and fully complied with a permit from …

*644.021. Commission created, members, qualifications, term — meetings. — 1. There is hereby created a water contaminant control agency to be known as the "Clean Water Commission of the State of Missouri", whose domicile for the purposes of sections 644.006 to 644.141 shall be de…

644.026. Powers and duties of commission — rules, procedure. — 1. The commission shall: (1) Exercise general supervision of the administration and enforcement of sections 644.006 to 644.141 and all rules and regulations and orders promulgated thereunder; (2) Develop comprehensive…

644.027. Sewer districts and systems made available to political subdivisions, no restriction allowed on connecting to system. — Nothing in sections 644.006 through 644.150 shall be deemed to restrict, inhibit or otherwise deny the power of any city, town or village, whether orga…

*644.029. New water quality requirements, grandfathering provision. — The department shall allow an appropriate schedule of compliance for a permittee to make upgrades or changes to its facilities that are necessary to meet new water quality requirements. For publicly owned treat…

644.031. Storm water control, first class counties, Kansas City and St. Louis — distribution of funds — plan required — contracts for construction to be made within eighteen months — unused funds returned to clean water commission — redistribution of fund to all eligible cities a…

644.032. Sales tax for purpose of storm water control or local parks or both may be imposed by any county or municipality — tax, how calculated — voter approval — ballot form — effective when — failure of tax, resubmission, when — revenue may be used for parks located outside of …

644.033. Sales tax collection to be deposited in local parks and storm water control sales tax fund — fund established — powers and duties of director of revenue — abolition of tax, procedure. — 1. All sales taxes collected by the director of revenue under this section and sectio…

644.034. Wastewater and water pollution abatement in certain counties (including Christian and Greene counties), amount — issue submitted to voters, ballot language — sales tax, special trust fund established, purpose. — 1. To promote tourism by maintaining the quality of the wat…

644.036. Public hearings — rules and regulations, how promulgated — listings under Clean Water Act, requirements, procedures. — 1. No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held after thirty days' prior…

644.037. Wetlands impact by nationwide permit, department to certify. — Where applicable, under Section 404 of the federal Clean Water Act and where the U.S. Army Corps of Engineers has determined that a nationwide permit may be utilized, the department shall certify without cond…

644.038. Certification of nationwide permit by department, when. — Where applicable, under Section 404 of the federal Clean Water Act and where the U.S. Army Corps of Engineers has determined that a nationwide permit may be utilized for the construction of highways and bridges ap…

644.041. Effluent regulations to be promulgated — nutrient management technical standard, requirements, inapplicability. — 1. As promptly as possible the commission shall adopt and promulgate reasonable effluent, pretreatment and toxic material control regulations which require t…

644.042. Losing streams, a rebuttable presumption, how determined. — The commission may adopt by rule a rebuttable presumption that any stream segment located within one mile upstream of a stream segment that has been determined by the commission to be a losing stream, as defined…

644.051. Prohibited acts — permits required, when, exemptions, fee — permit application procedures — rulemaking — limitation on use of permit fee moneys — permit shield provisions. — 1. It is unlawful for any person: (1) To cause pollution of any waters of the state or to place o…

*644.052. Permit types, fees, amounts — requests for permit modifications — requests for federal clean water certifications. — 1. Persons with operating permits or permits by rule issued pursuant to this chapter shall pay fees pursuant to subsections 2 to 8 and 12 to 13 of this s…

*644.053. Construction permit, fees — general construction permits by rule, fees not to exceed this section — animal feeding operation permit fees. — 1. Persons applying for a construction permit issued pursuant to this chapter shall pay a construction permit fee as follows: (1) …

644.054. Fees, billing and collection — administration, generally — fees to become effective, when — fees to expire, when — variances granted, when. — 1. Fees imposed in sections 644.052 and 644.053 shall, except for those fees imposed pursuant to subsection 4 and subsections 6 t…

644.055. Fees, nonpayment — penalty. — Any person who fails to pay the required fees shall be subject to a penalty of the amount of interest accrued on the unpaid fees at the rate of two percent for each month that the fee is delinquent. If the fees are not paid within six months…

644.056. Investigations, when — misrepresentation or failure to disclose a violation, when — abatement orders, when — permits terminated, when — hearings — appeals. — 1. The director shall cause investigations to be made upon the request of the commission or upon receipt of infor…

[Repealed or reserved.]

644.058. Water quality standards revised, when — evaluation to be conducted, when. — Notwithstanding the provisions of section 644.026 to the contrary, in promulgating water quality standards, the commission shall only revise water quality standards upon the completion of an asse…

644.059. Agricultural storm water discharge exempt from permitting requirements — not considered unlawful. — Agricultural storm water discharges and return flows from irrigated agriculture shall be exempt from permitting requirements set forth in sections 644.006 to 644.141. Agri…

644.060. Processed recycled asphalt shingles — use without permit, when. — 1. Processed recycled asphalt shingles, as defined in section 260.221, may be used for fill, reclamation, and other beneficial purposes without a permit under sections 644.006 to 644.141 if such processed …

644.061. Variances, when allowed — petition, fee — variance revoked, when — judicial review, how. — 1. Unless prohibited by any federal water pollution control act, or if an application does not require a permit pursuant to any federal water pollution control act, the commission …

*644.062. Provisional variances granted, when — procedure. — 1. The director may grant provisional variances whenever it is determined, upon application of adequate proof, that compliance on a short-term basis with the limitations prescribed in sections 644.006 to 644.141, or rul…

644.066. Public hearings, how conducted — transcripts available — discovery proceedings — hearings before single commissioner, when — final orders, how approved. — 1. At any public hearing all testimony taken before the commission shall be under oath and recorded stenographically…

644.071. Judicial review authorized. — 1. All final orders or determinations of the commission or the director made pursuant to the provisions of sections 644.006 to 644.141 are subject to judicial review pursuant to the provisions of chapter 536, except that, the provisions of s…

644.076. Unlawful acts prohibited — false statements and negligent acts prohibited — penalties — exception. — 1. It is unlawful for any person to cause or permit any discharge of water contaminants from any water contaminant or point source located in Missouri in violation of sec…

644.079. Administrative penalties, assessments, restrictions — 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 644…

644.082. Discharging water contaminants, permit required — violation, penalties. — It shall be unlawful for any person to operate, use or maintain and discharge water contaminants from any water contaminant or point source or wastewater treatment plant unless he holds a permit fr…

644.091. State or its subdivisions not to contract with violator. — 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 required to apply for a permit under the provisions of sectio…

644.096. State or its subdivisions may recover actual damages from violators. — In addition to other penalties prescribed in sections 644.006 to 644.141, the state, or any political subdivision or agency thereof, has a cause of action against any person violating the provisions o…

644.101. Certain drinking water and water pollution projects, state may provide assistance. — The state may provide assistance, as funds are available, pursuant to this chapter, to any county, municipality, public water district, public sewer district, or any combination of the s…

644.102. Matching grants for state revolving loan recipients. — In addition to those sums authorized prior to the effective date of this section, the board of fund commissioners of the state of Missouri, as authorized by Sections 37(c) and 37(e) of Article III of the Constitution…

*644.106. State contributions limited — interest, limited — administrative fee allowed. — The grant contribution, from funds made available pursuant to sections 644.500 to 644.561, made toward the cost of such water pollution control projects shall not exceed fifty-five percent o…

644.111. Commission to administer all state funds. — The commission is the agency for the administration of such funds which are available for assistance from the state for this program. ­­-------- (L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1982 S.B. 646, A.L. 1987 H.B…

644.116. Rules and regulations to be adopted by commission — clean water commission to implement plan. — The commission's determination of the relative need, the priority of projects, and the standards of construction shall be based on rules and regulations as adopted by the comm…

644.117. Small rural communities to have percentage of funds. — Small rural communities, as defined by the commission by rule, shall receive at least twenty percent of the funds when no federal funds are included in grants or loans made pursuant to section 644.101. ­­-------- (L.…

644.121. Rules and procedures, commission to adopt. — The commission may adopt such rules, regulations and procedures to be followed in applying for state assistance herein authorized as shall be necessary for the effective administration thereof and as necessary to meet federal …

644.122. Water and wastewater loan fund established — use of funds — deposits, disbursements — exempt from transfer to general revenue. — 1. There is hereby created in the state treasury for use of the department a fund to be known as "The Water and Wastewater Loan Fund". All mon…

644.123. Repayment of loans credited to fund — administrative fees, deposit of, uses of. — Repayment of principal and interest on loans or assistance awarded from the wastewater loan fund shall be credited to the wastewater loan fund. Any administrative fees pursuant to section 6…

644.124. State treasurer authorized to invest moneys of fund. — The state treasurer is authorized to deposit all of the moneys in the wastewater loan fund in the manner now or hereafter provided in section 30.260. Any interest received on such deposits shall be credited to the wa…

644.125. Delinquent repayment by county or municipality, repayment out of sales tax revenues, how — agreements required. — 1. If a county or municipality fails to remit a repayment of assistance provided from the wastewater loan fund within sixty days of the due date of the repay…

644.126. Water pollution board rules and orders to remain in effect until new standards are adopted by the commission. — All standards, rules, limitations, regulations, and orders of the water pollution board presently existing shall remain in effect as actions of the clean water…

644.131. Other legal remedies not to be affected or abridged by sections 644.006 to 644.141. — Nothing in sections 644.006 to 644.141 alters or abridges any right of action now or hereafter existing in law or equity, civil or criminal, nor is any provision of sections 644.006 to …

644.136. Commission designated official state agency to deal with federal government relative to water pollution. — The commission is hereby designated as the water pollution agency of the state for all purposes of any federal water pollution control act and may: (1) Take all nec…