644.141. Designation of special areas by governor--appointment of agency to control--qualification of control agency.
Designation of special areas by governor--appointment of agency tocontrol--qualification of control agency.
644.141. 1. The governor may designate areas which requirespecial attention under sections 644.006 to 644.141 or anyfederal water pollution control act because of that area's waterquality problems as waste treatment management areas. When anarea is so designated by the governor hereunder, he shall appointa single representative organization, unless he deems itnecessary to appoint a separate planning agency and separatemanagement agencies to execute such separate duties respectively,composed as required under any federal water pollution controlact from that area. Such agencies shall be capable of developingand/or implementing areawide waste treatment plans for the area,and the appointed agencies shall have the following appropriateplanning and/or management authority as necessary, subject toapproval by the Missouri clean water commission:
A. PLANNING AUTHORITY. (1) To conduct a planning processto prepare any waste treatment management plans designated by thegovernor or as required by any federal water pollution controlact to be consistent with applicable basin plans and all plansprepared under a statewide continuing planning process but notlimited to authority for:
(a) The development of all plans and planning processesrequired by this section, which shall be approved by the Missouriclean water commission, and certified initially and thereafterannually by the governor and submitted to federal agencies asrequired under any federal water pollution control act;
(b) The identification of treatment works necessary to meetthe anticipated municipal and industrial waste treatment needs ofthe area over a twenty-year period, annually updated (includingan analysis of alternative waste treatment systems), includingany requirements for the acquisition of land for treatmentpurposes; the necessary waste water collection and urban stormwater runoff systems; and a program to provide the necessaryfinancial arrangements for the development of such treatmentworks;
(c) The establishment of construction priorities for suchtreatment works and time schedules for the initiation andcompletion of all treatment works;
(d) The establishment of a regulatory program to
(i) Implement the areawide waste treatment managementrequirements of Section 201(c) of the Federal Water PollutionControl Act Amendments of 1972;
(ii) Regulate the location, modification and construction ofany facilities within such area which may result in any dischargein such area; and
(iii) Assure that any industrial or commercial wastesdischarged into any treatment works in such area meet applicablepretreatment requirements;
(e) The identification of those agencies necessary toconstruct, operate, and maintain all facilities required by theplan and otherwise to carry out the plan;
(f) The identification of the measures necessary to carryout the plan (including financing), the period of time necessaryto carry out the plan, the costs of carrying out the plan withinsuch time, and the economic, social, and environmental impact ofcarrying out the plan within such time;
(g) A process to
(i) Identify, if appropriate, agriculturally andsilviculturally related nonpoint sources of pollution, includingrunoff from manure disposal areas, and from land used forlivestock and crop production; and
(ii) Set forth procedures and methods, including land userequirements, to control to the extent feasible such sources;
(h) A process to
(i) Identify, if appropriate, mine related sources ofpollution, including new, current, and abandoned surface andunderground mine runoff; and
(ii) Set forth procedures and methods, including land userequirements, to control to the extent feasible such sources;
(i) A process to
(i) Identify construction activity related sources ofpollution; and
(ii) Set forth procedures and methods, including land userequirements, to control to the extent feasible such sources;
(j) A process to control the disposition of all residualwaste generated in such area which could affect water quality;and
(k) A process to control the disposal of pollutants on landor in subsurface excavations within such area to protect groundand surface water quality.
(2) Whenever the governor determines that the state waterpollution control program requires statewide consistency, heshall prepare those parts of the plan set forth in subparagraphs(f) through (k) above in lieu of the local agencies.
B. MANAGEMENT AUTHORITY. The waste treatment managementagencies, designated by the governor after consultation with thecorrelative planning agency, shall have the following authority:
(a) To carry out appropriate portions of an areawide wastetreatment management plan developed under subsection 1.A above;
(b) To manage effectively waste treatment works and relatedfacilities serving such area in conformance with any planrequired by this section;
(c) Directly or by contract, to design and construct newworks, and to operate and maintain new and existing works asrequired by any plan developed pursuant to subsection 1.A of thissection;
(d) To accept and utilize grants, or other funds from anysource, for waste treatment management purposes;
(e) To raise revenues, including the assessment of wastetreatment charges;
(f) To incur short- and long-term indebtedness;
(g) To assure in implementation of an areawide wastetreatment management plan that each participating community paysits proportionate share of treatment costs;
(h) To refuse to receive any wastes from any municipality orsubdivision thereof which does not comply with any provisions ofan approved plan under this section applicable to such area; and
(i) To accept for treatment industrial wastes which meetappropriate pretreatment standards.
C. INTERSTATE AGENCIES. When the areas designated hereunderare located in part in other states, the governor may consult andcooperate with the governors of any other state involved todesignate the boundaries of the area, and appoint representativeorganizations capable of developing and implementing an areawidewaste treatment management plan for the interstate area. Anyagency formed under this subsection shall have the same authorityand composition as that given agencies under subsection 1.Aand/or 1.B above as appropriate.
D. TERMINATION OF AUTHORITY. The governor may remove anarea from this special designation when he determines its waterproblems no longer require the special attention provided in thissection. The governor may remove any person appointed to suchagencies for cause or designate another agency to carry out theduties of this section.
2. The clean water commission shall have all authority setforth in subsections 1.A and 1.B above necessary to accomplishand implement the state's continuing planning process as requiredby the Federal Water Pollution Control Act.
3. The clean water commission shall be the planning agencyfor all areas of the state not designated by the governor asspecial attention waste treatment management areas in subsection1 above and shall have all authority set forth in subsections 1.Aand 1.B above as necessary to perform such duties.
(L. 1973 S.B. 321)Effective 7-23-73
*Transferred 1986; formerly 204.141