644.016. Definitions.
Definitions.
644.016. 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) "Aquaculture facility", a hatchery, fish farm, or other facilityused for the production of aquatic animals that is required to have apermit pursuant to the federal Clean Water Act, as amended, 33 U.S.C. 1251,et seq.;
(2) "Commission", the clean water commission of the state of Missouricreated in section 644.021;
(3) "Conference, conciliation and persuasion", a process of verbal orwritten communications consisting of meetings, reports, correspondence ortelephone conferences between authorized representatives of the departmentand the alleged violator. The process shall, at a minimum, consist of oneoffer to meet with the alleged violator tendered by the department. Duringany such meeting, the department and the alleged violator shall negotiatein good faith to eliminate the alleged violation and shall attempt to agreeupon a plan to achieve compliance;
(4) "Department", the department of natural resources;
(5) "Director", the director of the department of natural resources;
(6) "Discharge", the causing or permitting of one or more watercontaminants to enter the waters of the state;
(7) "Effluent control regulations", limitations on the discharge ofwater contaminants;
(8) "General permit", a permit written with a standard group ofconditions and with applicability intended for a designated category ofwater contaminant sources that have the same or similar operations,discharges and geographical locations, and that require the same or similarmonitoring, and that would be more appropriately controlled pursuant to ageneral permit rather than pursuant to a site-specific permit;
(9) "Human sewage", human excreta and wastewater, including bath andtoilet waste, residential laundry waste, residential kitchen waste, andother similar waste from household or establishment appurtenances;
(10) "Income" includes retirement benefits, consultant fees, andstock dividends;
(11) "Minor violation", a violation which possesses a small potentialto harm the environment or human health or cause pollution, was notknowingly committed, and is not defined by the United States EnvironmentalProtection Agency as other than minor;
(12) "Permit by rule", a permit granted by rule, not by a papercertificate, and conditioned by the permit holder's compliance withcommission rules;
(13) "Permit holders or applicants for a permit" shall not includeofficials or employees who work full time for any department or agency ofthe state of Missouri;
(14) "Person", any individual, partnership, copartnership, firm,company, public or private corporation, association, joint stock company,trust, estate, political subdivision, or any agency, board, department, orbureau of the state or federal government, or any other legal entitywhatever which is recognized by law as the subject of rights and duties;
(15) "Point source", any discernible, confined and discreteconveyance, including but not limited to any pipe, ditch, channel, tunnel,conduit, well, discrete fissure, container, rolling stock, concentratedanimal feeding operation, or vessel or other floating craft, from whichpollutants are or may be discharged. Point source does not includeagricultural storm water discharges and return flows from irrigatedagriculture;
(16) "Pollution", such contamination or other alteration of thephysical, chemical or biological properties of any waters of the state,including change in temperature, taste, color, turbidity, or odor of thewaters, or such discharge of any liquid, gaseous, solid, radioactive, orother substance into any waters of the state as will or is reasonablycertain to create a nuisance or render such waters harmful, detrimental orinjurious to public health, safety or welfare, or to domestic, industrial,agricultural, recreational, or other legitimate beneficial uses, or to wildanimals, birds, fish or other aquatic life;
(17) "Pretreatment regulations", limitations on the introduction ofpollutants or water contaminants into publicly owned treatment works orfacilities which the commission determines are not susceptible to treatmentby such works or facilities or which would interfere with their operation,except that wastes as determined compatible for treatment pursuant to anyfederal water pollution control act or guidelines shall be limited ortreated pursuant to this chapter only as required by such act orguidelines;
(18) "Residential housing development", any land which is divided orproposed to be divided into three or more lots, whether contiguous or not,for the purpose of sale or lease as part of a common promotional plan forresidential housing;
(19) "Sewer system", pipelines or conduits, pumping stations, andforce mains, and all other structures, devices, appurtenances andfacilities used for collecting or conducting wastes to an ultimate pointfor treatment or handling;
(20) "Significant portion of his or her income" shall mean tenpercent of gross personal income for a calendar year, except that it shallmean fifty percent of gross personal income for a calendar year if therecipient is over sixty years of age, and is receiving such portionpursuant to retirement, pension, or similar arrangement;
(21) "Site-specific permit", a permit written for discharges emittedfrom a single water contaminant source and containing specific conditions,monitoring requirements and effluent limits to control such discharges;
(22) "Treatment facilities", any method, process, or equipment whichremoves, reduces, or renders less obnoxious water contaminants releasedfrom any source;
(23) "Water contaminant", any particulate matter or solid matter orliquid or any gas or vapor or any combination thereof, or any temperaturechange which is in or enters any waters of the state either directly orindirectly by surface runoff, by sewer, by subsurface seepage or otherwise,which causes or would cause pollution upon entering waters of the state, orwhich violates or exceeds any of the standards, regulations or limitationsset forth in sections 644.006 to 644.141 or any federal water pollutioncontrol act, or is included in the definition of pollutant in such federalact;
(24) "Water contaminant source", the point or points of dischargefrom a single tract of property on which is located any installation,operation or condition which includes any point source defined in sections644.006 to 644.141 and nonpoint source pursuant to any federal waterpollution control act, which causes or permits a water contaminanttherefrom to enter waters of the state either directly or indirectly;
(25) "Water quality standards", specified concentrations anddurations of water contaminants which reflect the relationship of theintensity and composition of water contaminants to potential undesirableeffects;
(26) "Waters of the state", all rivers, streams, lakes and otherbodies of surface and subsurface water lying within or forming a part ofthe boundaries of the state which are not entirely confined and locatedcompletely upon lands owned, leased or otherwise controlled by a singleperson or by two or more persons jointly or as tenants in common andincludes waters of the United States lying within the state.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1993 S.B. 80, et al., A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985, A.L. 2006 H.B. 1149)*Transferred 1986; formerly 204.016
(1978) Held, discharging water with a low oxygen level does not constitute either "pollution" or "contamination" since both require the addition of contaminants or pollutants. State ex rel. Ashcroft v. Union Electric Co. (A.), 559 S.W.2d 216.