644.036. Public hearings--rules and regulations, how promulgated--listings under Clean Water Act, requirements, procedures, expiration date.
Public hearings--rules and regulations, how promulgated--listingsunder Clean Water Act, requirements, procedures, expiration date.
644.036. 1. No standard, rule or regulation or any amendment orrepeal thereof shall be adopted except after a public hearing to be heldafter thirty days' prior notice by advertisement of the date, time andplace of the hearing and opportunity given to the public to be heard.Notice of the hearings and copies of the proposed standard, rule orregulation or any amendment or repeal thereof shall also be given byregular mail, at least thirty days prior to the scheduled date of thehearing, to any person who has registered with the director for the purposeof receiving notice of such public hearings in accordance with theprocedures prescribed by the commission at least forty-five days prior tothe scheduled date of the hearing. However, this provision shall notpreclude necessary changes during this thirty-day period.
2. At the hearing, opportunity to be heard by the commission withrespect to the subject thereof shall be afforded any interested person uponwritten request to the commission, addressed to the director, not laterthan seven days prior to the hearing, and may be afforded to other personsif convenient. In addition, any interested persons, whether or not heard,may submit, within seven days subsequent to the hearings, a writtenstatement of their views. The commission may solicit the views, inwriting, of persons who may be affected by, or interested in, proposedrules and regulations, or standards. Any person heard or represented atthe hearing or making written request for notice shall be given writtennotice of the action of the commission with respect to the subject thereof.
3. Any standard, rule or regulation or amendment or repeal thereofshall not be deemed adopted or in force and effect until it has beenapproved in writing by at least four members of the commission. Astandard, rule or regulation or an amendment or repeal thereof shall notbecome effective until a certified copy thereof has been filed with thesecretary of state as provided in chapter 536, RSMo.
4. Unless prohibited by any federal water pollution control act, anystandard, rule or regulation or any amendment or repeal thereof which isadopted by the commission may differ in its terms and provisions as betweenparticular types and conditions of water quality standards or of watercontaminants, as between particular classes of water contaminant sources,and as between particular waters of the state.
5. Any listing required by Section 303(d) of the federal Clean WaterAct, as amended, 33 U.S.C. 1251, et seq., to be sent to the U.S.Environmental Protection Agency for its approval that will result in anywaters of the state being classified as impaired shall be adopted by thecommission after a public hearing, or series of hearings, held inaccordance with the following procedures. The department of naturalresources shall publish in at least six regional newspapers, in advance, anotice by advertisement the availability of a proposed list of impairedwaters of the state and such notice shall include at least ninety days'advance notice of the date, time, and place of the public hearing andopportunity given to the public to be heard. Notice of the hearings andcopies of the proposed list of impaired waters also shall be posted on thedepartment of natural resources' web site and given by regular mail, atleast ninety days prior to the scheduled date of the hearing, to any personwho has registered with the director for the purpose of receiving notice ofsuch public hearings. The proposed list of impaired waters shall identifythe water segment, the uses to be made of such waters, the uses impaired,identify the pollutants causing or expected to cause violations of theapplicable water quality standards, and provide a summary of the datarelied upon to make the preliminary determination. Contemporaneous withthe publication of the notice of public hearing, the department shall makeavailable on its web site all data and information it relied upon toprepare the proposed list of impaired waters, including a narrativeexplanation of how the department determined the water segment wasimpaired. At any time after the public notice and until seven days afterthe public hearing, the department shall accept written comments on theproposed list of impaired waters. After the public hearing and after allwritten comments have been submitted, the department shall prepare awritten response to all comments and a revised list of impaired waters.The commission shall adopt a list of impaired waters in a public meetingduring which the public shall be afforded an opportunity to respond to thedepartment's written response to comments and revised list of impairedwaters. Notice of the meeting shall include the date, time, and place ofthe public meeting and shall provide notice that the commission will giveinterested persons the opportunity to respond to the department's revisedlist of impaired waters and written responses to comments. At itsdiscretion, the commission may extend public comment periods or holdadditional public hearings on the proposed and revised lists of impairedwaters. The commission shall not vote to add to the list of impairedwaters any waters not recommended by the department in the proposed orrevised lists of impaired waters without granting the public at leastthirty additional days to comment on the proposed addition. The list ofimpaired waters adopted by the commission shall not be deemed to be a ruleas defined by section 536.010, RSMo. The listing of any water segment onthe list of impaired waters adopted by the commission shall be subject tojudicial review by any adversely affected party under section 536.150,RSMo. The provisions in this subsection shall expire on August 28, 2010.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985, A.L. 2006 H.B. 1149, A.L. 2009 H.B. 661merged with H.B. 734)*Transferred 1986; formerly 204.036
**Subsection 5 expires 8-28-10