644.051. Prohibited acts--permits required, when, fee--bond required of permit holders, when--permit application procedures--rulemaking--limitation on use of permit fee moneys.
Prohibited acts--permits required, when, fee--bond required of permitholders, when--permit applicationprocedures--rulemaking--limitation on use of permit fee moneys.
644.051. 1. It is unlawful for any person:
(1) To cause pollution of any waters of the state or to place orcause or permit to be placed any water contaminant in a location where itis reasonably certain to cause pollution of any waters of the state;
(2) To discharge any water contaminants into any waters of the statewhich reduce the quality of such waters below the water quality standardsestablished by the commission;
(3) To violate any pretreatment and toxic material controlregulations, or to discharge any water contaminants into any waters of thestate which exceed effluent regulations or permit provisions as establishedby the commission or required by any federal water pollution control act;
(4) To discharge any radiological, chemical, or biological warfareagent or high-level radioactive waste into the waters of the state.
2. It shall be unlawful for any person to build, erect, alter,replace, operate, use or maintain any water contaminant or point source inthis state that is subject to standards, rules or regulations promulgatedpursuant to the provisions of sections 644.006 to 644.141 unless suchperson holds a permit from the commission, subject to such exceptions asthe commission may prescribe by rule or regulation. However, no permitshall be required of any person for any emission into publicly ownedtreatment facilities or into publicly owned sewer systems tributary topublicly owned treatment works.
3. Every proposed water contaminant or point source which, whenconstructed or installed or established, will be subject to any federalwater pollution control act or sections 644.006 to 644.141 or regulationspromulgated pursuant to the provisions of such act shall make applicationto the director for a permit at least thirty days prior to the initiationof construction or installation or establishment. Every water contaminantor point source in existence when regulations or sections 644.006 to644.141 become effective shall make application to the director for apermit within sixty days after the regulations or sections 644.006 to644.141 become effective, whichever shall be earlier. The director shallpromptly investigate each application, which investigation shall includesuch hearings and notice, and consideration of such comments andrecommendations as required by sections 644.006 to 644.141 and any federalwater pollution control act. If the director determines that the sourcemeets or will meet the requirements of sections 644.006 to 644.141 and theregulations promulgated pursuant thereto, the director shall issue a permitwith such conditions as he or she deems necessary to ensure that the sourcewill meet the requirements of sections 644.006 to 644.141 and any federalwater pollution control act as it applies to sources in this state. If thedirector determines that the source does not meet or will not meet therequirements of either act and the regulations pursuant thereto, thedirector shall deny the permit pursuant to the applicable act and issue anynotices required by sections 644.006 to 644.141 and any federal waterpollution control act.
4. Before issuing a permit to build or enlarge a water contaminant orpoint source or reissuing any permit, the director shall issue suchnotices, conduct such hearings, and consider such factors, comments andrecommendations as required by sections 644.006 to 644.141 or any federalwater pollution control act. The director shall determine if any state orany provisions of any federal water pollution control act the state isrequired to enforce, any state or federal effluent limitations orregulations, water quality-related effluent limitations, national standardsof performance, toxic and pretreatment standards, or water qualitystandards which apply to the source, or any such standards in the vicinityof the source, are being exceeded, and shall determine the impact on suchwater quality standards from the source. The director, in order toeffectuate the purposes of sections 644.006 to 644.141, shall deny a permitif the source will violate any such acts, regulations, limitations orstandards or will appreciably affect the water quality standards or thewater quality standards are being substantially exceeded, unless the permitis issued with such conditions as to make the source comply with suchrequirements within an acceptable time schedule. Prior to the developmentor renewal of a general permit or permit by rule, for aquaculture, thedirector shall convene a meeting or meetings of permit holders andapplicants to evaluate the impacts of permits and to discuss any terms andconditions that may be necessary to protect waters of the state. Followingthe discussions, the director shall finalize a draft permit that considersthe comments of the meeting participants and post the draft permit onnotice for public comment. The director shall concurrently post with thedraft permit an explanation of the draft permit and shall identify types offacilities which are subject to the permit conditions. Affected public orapplicants for new general permits, renewed general permits or permits byrule may request a hearing with respect to the new requirements inaccordance with this section. If a request for a hearing is received, thecommission shall hold a hearing to receive comments on issues ofsignificant technical merit and concerns related to the responsibilities ofthe Missouri clean water law. The commission shall conduct such hearingsin accordance with this section. After consideration of such comments, afinal action on the permit shall be rendered. The time between the date ofthe hearing request and the hearing itself shall not be counted as timeelapsed pursuant to subdivision (1) of subsection 13 of this section.
5. The director shall grant or deny the permit within sixty daysafter all requirements of the Federal Water Pollution Control Actconcerning issuance of permits have been satisfied unless the applicationdoes not require any permit pursuant to any federal water pollution controlact. The director or the commission may require the applicant to provideand maintain such facilities or to conduct such tests and monitor effluentsas necessary to determine the nature, extent, quantity or degree of watercontaminant discharged or released from the source, establish and maintainrecords and make reports regarding such determination.
6. The director shall promptly notify the applicant in writing of hisor her action and if the permit is denied state the reasons therefor. Theapplicant may appeal to the commission from the denial of a permit or fromany condition in any permit by filing notice of appeal with the commissionwithin thirty days of the notice of denial or issuance of the permit. Thecommission shall set the matter for hearing not less than thirty days afterthe notice of appeal is filed. In no event shall a permit constitutepermission to violate the law or any standard, rule or regulationpromulgated pursuant thereto.
7. In any hearing held pursuant to this section the burden of proofis on the applicant for a permit. Any decision of the commission madepursuant to a hearing held pursuant to this section is subject to judicialreview as provided in section 644.071.
8. In any event, no permit issued pursuant to this section shall beissued if properly objected to by the federal government or any agencyauthorized to object pursuant to any federal water pollution control actunless the application does not require any permit pursuant to any federalwater pollution control act.
9. Unless a site-specific permit is requested by the applicant,aquaculture facilities shall be governed by a general permit issuedpursuant to this section with a fee not to exceed two hundred fifty dollarspursuant to subdivision (5) of subsection 6 of section 644.052. However,any aquaculture facility which materially violates the conditions andrequirements of such permit may be required to obtain a site-specificpermit.
10. No manufacturing or processing plant or operating location shallbe required to pay more than one operating fee. Operating permits shall beissued for a period not to exceed five years after date of issuance, exceptthat general permits shall be issued for a five-year period, and alsoexcept that neither a construction nor an annual permit shall be requiredfor a single residence's waste treatment facilities. Applications forrenewal of an operating permit shall be filed at least one hundred eightydays prior to the expiration of the existing permit.
11. Every permit issued to municipal or any publicly owned treatmentworks or facility shall require the permittee to provide the clean watercommission with adequate notice of any substantial new introductions ofwater contaminants or pollutants into such works or facility from anysource for which such notice is required by sections 644.006 to 644.141 orany federal water pollution control act. Such permit shall also requirethe permittee to notify the clean water commission of any substantialchange in volume or character of water contaminants or pollutants beingintroduced into its treatment works or facility by a source which wasintroducing water contaminants or pollutants into its works at the time ofissuance of the permit. Notice must describe the quality and quantity ofeffluent being introduced or to be introduced into such works or facilityby a source which was introducing water contaminants or pollutants into itsworks at the time of issuance of the permit. Notice must describe thequality and quantity of effluent being introduced or to be introduced intosuch works or facility and the anticipated impact of such introduction onthe quality or quantity of effluent to be released from such works orfacility into waters of the state.
12. The director or the commission may require the filing or postingof a bond as a condition for the issuance of permits for construction oftemporary or future water treatment facilities or facilities that utilizeinnovative technology for wastewater treatment in an amount determined bythe commission to be sufficient to ensure compliance with all provisions ofsections 644.006 to 644.141, and any rules or regulations of the commissionand any condition as to such construction in the permit. For the purposesof this section, "innovative technology for wastewater treatment" shallmean a completely new and generally unproven technology in the type ormethod of its application that bench testing or theory suggest hasenvironmental, efficiency, and cost benefits beyond the standardtechnologies. No bond shall be required for designs approved by anyfederal agency or environmental regulatory agency of another state. Thebond shall be signed by the applicant as principal, and by a corporatesurety licensed to do business in the state of Missouri and approved by thecommission. The bond shall remain in effect until the terms and conditionsof the permit are met and the provisions of sections 644.006 to 644.141 andrules and regulations promulgated pursuant thereto are complied with.
13. (1) The department shall issue or deny applications forconstruction and site-specific operating permits received after January 1,2001, within one hundred eighty days of the department's receipt of anapplication. For general construction and operating permit applicationsreceived after January 1, 2001, that do not require a public participationprocess, the department shall issue or deny the requested permits withinsixty days of the department's receipt of an application.
(2) If the department fails to issue or deny with good cause aconstruction or operating permit application within the time framesestablished in subdivision (1) of this subsection, the department shallrefund the full amount of the initial application fee within forty-fivedays of failure to meet the established time frame. If the departmentfails to refund the application fee within forty-five days, the refundamount shall accrue interest at a rate established pursuant to section32.065, RSMo.
(3) Permit fee disputes may be appealed to the commission withinthirty days of the date established in subdivision (2) of this subsection.If the applicant prevails in a permit fee dispute appealed to thecommission, the commission may order the director to refund the applicant'spermit fee plus interest and reasonable attorney's fees as provided insections 536.085 and 536.087, RSMo. A refund of the initial application orannual fee does not waive the applicant's responsibility to pay any annualfees due each year following issuance of a permit.
(4) No later than December 31, 2001, the commission shall promulgateregulations defining shorter review time periods than the time framesestablished in subdivision (1) of this subsection, when appropriate, fordifferent classes of construction and operating permits. In no case shallcommission regulations adopt permit review times that exceed the timeframes established in subdivision (1) of this subsection. The department'sfailure to comply with the commission's permit review time periods shallresult in a refund of said permit fees as set forth in subdivision (2) ofthis subsection. On a semiannual basis, the department shall submit to thecommission a report which describes the different classes of permits andreports on the number of days it took the department to issue each permitfrom the date of receipt of the application and show averages for eachdifferent class of permits.
(5) During the department's technical review of the application, thedepartment may request the applicant submit supplemental or additionalinformation necessary for adequate permit review. The department'stechnical review letter shall contain a sufficient description of the typeof additional information needed to comply with the applicationrequirements.
(6) Nothing in this subsection shall be interpreted to mean thatinaction on a permit application shall be grounds to violate any provisionsof sections 644.006 to 644.141 or any rules promulgated pursuant tosections 644.006 to 644.141.
14. The department shall respond to all requests for individualcertification under Section 401 of the Federal Clean Water Act within thelesser of sixty days or the allowed response period established pursuant toapplicable federal regulations without request for an extension periodunless such extension is determined by the commission to be necessary toevaluate significant impacts on water quality standards and the commissionestablishes a timetable for completion of such evaluation in a period of nomore than one hundred eighty days.
15. All permit fees generated pursuant to this chapter shall not beused for the development or expansion of total maximum daily loads studieson either the Missouri or Mississippi rivers.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1982 S.B. 646, A.L. 1990 S.B. 582, A.L. 1999 S.B. 160 & 82, A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985, A.L. 2006 H.B. 1149)*Transferred 1986; formerly 204.051
CROSS REFERENCE:
Missouri clean water fund abolished subject to exemption, RSMo 33.571
(1981) These provisions of the Missouri Clean Water Law are malum prohibitum, and the state is not required to prove intent or knowledge on the part of the accused; nor do these provisions seek to prescribe only willful or negligent acts causing pollution of the waters of state. State ex rel. Ashcroft v. Mathias (A.), 616 S.W.2d 882.