- Committee -

SCS/SB 881 - This act creates the Environmental Hearing Commission which shall be located in Jefferson City. The Environmental Hearing Commission will consist of three Commissioners who are appointed by the Governor with the advice and consent of the Senate. The Commissioners shall have staggered terms of six years with no limitation on the number of terms to which they may be appointed. The Commissioners shall be attorneys licensed to practice in the Missouri with an interest and knowledge of environmental law. Commissioners will be compensated $91,636 per year.

The Environmental Hearing Commission will hear appeals of findings of the Director of the Department of Natural Resources (DNR), the Hazardous Waste Management Commission, the State Soil and Water Districts Commission, the Petroleum Storage Tank Insurance Fund Board, the Land Reclamation Commission, the Safe Drinking Water Commission, the Air Conservation Commission and the Clean Water Commission. Timing for filing appeals with and hearing by the Environmental Hearing Commission is provided. The Environmental Hearing Commission may promulgate rules and regulations to provide for electronic filing of documents. Matters heard by the Environmental Hearing Commission will be governed by the provisions of Chapter 536, RSMo. Hearings will be held before a panel of all three Commissioners. Decisions must be rendered within 60 days of the completion of the hearing.

The Environmental Hearing Commission may stay or suspend any action of the subject entities. All final decisions by the Environmental Hearing Commission will be subject to judicial review. In all matters heard by the Environmental Hearing Commission the burden of proof shall be on DNR or the Commission initially making the finding or decision. However, in appeals involving the denial of a permit, license or registration, the burden of proof shall be on the applicant.

CINDY KADLEC