- Perfected -

SS#2/SCS/SBs 984 & 985 - This act makes several changes relating to the Department of Natural Resources.

PRIMACY FEE (Section 640.100) - This act extends the drinking water primacy fee to September 1, 2007. This portion of the act is similar to HB 1748 (2002).

BURDEN OF PROOF (Section 640.825) - 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. This portion is similar to provisions of SB 881 (2002).

AIR BANKING AND TRADING (Section 643.220) - This act revises the air emissions banking and trading program by clarifying use of air emission reduction credits. In order for air emission reduction credits to be tradeable between air emission sources, the air emission reduction credits would be based on air emission reductions that occur after August 28, 2001, or must be credits that exist in the current air emissions bank. This portion is similar to SB 1163 (2002).

CLEAN WATER COMMISSION (Section 644.036)- Requires the Clean Water Commission to adopt any listing, designation, standard, rule or regulation which will result in waters of the state to be classified to be promulgated by rule pursuant to chapter 536.

PENALTIES ASSESSED BY DNR FOR CLEAN WATER (Section 644.076) - Limits the amount of penalties which may be assessed by DNR for violations of the Missouri Clean Water Law. Any penalties assessed against a political subdivision shall not exceed the actual cost of remediation.

AQUACULTURE (Sections 644.016, 644.051, 644.052) - This act revises provisions relating to water permitting for aquaculture. Aquaculture is defined as the controlled propagation, growth, and harvest of aquatic organisms.

Prior to issuing a general permit or permit by rule the Director of the Department of Natural Resources must hold meetings with permit holders, applicants and the public to evaluate pollution impacts of pollutants. After the meetings the Director would draft the permit considering the comments of the meeting and post it for public comment. The Director must also concurrently post an explanation with the draft permit which shall identify types of facilities which are subject to the permit. A hearing may be requested on the draft permit.

After consideration of the comments the final permit would be issued. The time between the request for the hearing and the hearing date will not be calculated for purposed of the time frames in which a permit must be issued.

Unless requested by the facility, aquaculture facilities will not be required to obtain site-specific permits but will obtain general permits. However, facilities which materially violate the conditions and requirements of the general permit may be required to obtain a site-specific permit. The fee for aquaculture facilities is capped at $250. This portion is similar to SB 1072 (2002).

BONDING FOR STORMWATER PROJECTS (Sections 644.578 - 644.580)- This act changes the date for authorizations for bonding for water sewer and stormwater projects. Current law authorizes the Board of Fund Commissioners to issue bonds for grants and loans pursuant to several sections in Article III of the Missouri Constitution which are administered by the Clean Water Commission and relate to water, sewer and stormwater projects. Current law states the authorizations are in addition to amounts authorized prior to August 28, 2002. This act changes the date to August 28, 2003. This portion is identical to SB 985 (2002).

CINDY KADLEC