Senate Committee Substitute

WATER EXPORTATION (Section 640.406)

Under the act, it shall be unlawful for any person to withdraw water from any water source, as defined in the act, for export outside the state of Missouri unless such person holds a water exportation permit issued by the Department of Natural Resources. A water exportation permit shall not be required to withdraw water from any water source for export outside the state by a public water system, as described in the act.

It shall be unlawful for any permit exempted from the provisions of the act to be used for any purpose other than a beneficial use, specifically where the withdrawal and ultimate end use of water are within 30 miles of the state border.

During the review process of any water exportation permit, the Director of the Department shall determine from water exportation permit applications and any supporting materials whether certain conditions have been met. Such conditions are described in the act.

Within 180 days after the Department's receipt of a complete application, the Director shall issue a proposed decision to either approve or deny the application and shall hold a 30 day public comment period on the proposed approval or denial as described in the act.

The Department's decision for approval shall be sent to the Missouri Soil and Water Districts Commission and the Clean Water Commission for review subject to the conditions under the act. The Missouri Soil and Water Districts Commission and the Clean Water Commission shall review the Department's findings at the next scheduled meeting. If the Missouri Soil and Water Districts Commission and the Clean Water Commission agrees with the Department's decision for the issuance of a permit, the Department shall issue the permit. If the Missouri Soil and Water Districts Commission and the Clean Water Commission disagrees with the Department's decision for the issuance of the permit, the permit shall not be issued. Absent an appeal, the Director's decision subject to approval or disapproval by the Missouri Soil and Water Districts Commission and the Clean Water Commission is final.

Applications for renewal of a water export permit shall be filed at least 180 days prior to the expiration date of an existing permit and the Director shall determine whether the conditions under the act are satisfied for the renewal. The Director's decision to renew the permit shall be subject to the Missouri Soil and Water Districts Commission and the Clean Water Commission review and approval or denial pursuant to the act.

Before granting water supply for access and use outside the state, the Director shall consider existing and proposed in-state uses in order to guarantee that in-state users will have access to and use of all of water required to adequately supply for beneficial uses. The Director shall review the needs for water supply export every 3 years to determine whether the water supply continues to be adequate for municipal, agricultural, industrial, domestic, and other beneficial uses within the state.

Provisions regarding the issuance of a water export permit are subject to the most recent reports, data, and information in consideration of each permit application, whether the application is for an initial permit or renewal of an active or expired permit. The review conducted under the act shall not be used to reduce the quantity of water authorized to be transferred pursuant to the active life of permits issued prior to such review.

On the filing of an application for a water exportation permit, the applicant shall designate an agent in the state for service of process and to receive other notices.

In the event of a conflict between the conditions of use required in Missouri and condition required in another state, the water permit holder shall consent to conditions imposed by the Director.

A major water user may request the Director to reevaluate any existing permit using the criteria described in the act. The Director shall create a mechanism for a major water user to submit a request for reevaluation and shall send his finding to the major water user within 60 days of the reevaluation request. The Director shall impose additional conditions on the water exportation permit as described in the act.

The time-limited, active life of the permit, not to exceed 3 years, requires the Director to determine whether there has been a substantial or material change relating to any matters set forth under the act in response to renewal applications requesting a permit for authorization of the continued export of water outside the state. The Director may impose additional conditions to address any such substantial or material change or may deny the permit renewal applications as necessary to comply with provisions under the act. The Director's decision to renew the permit shall be subject to the requirements under the act.

At the request of the Department, the Attorney General may bring a civil action for injunctive relief in any county where defendant's principal place of business is located or where the violation occurred under the act.

Whenever a person applies for a water exportation permit, the Department shall send a written notice to the County Commissioner of the county where the water for exportation is located.

Whenever the United States Drought Monitor (USDM) indicates a D2 level drought for any county for which an export permit has been issued, the Department shall reevaluate the permit, as described in the act.

The act is similar to SCS/SB 782 (2024), SB 599 (2023) and HCS/HB 1129 (2023).

WATER POLLUTION (Sections 644.016, 644.041, 644.051)

Under the act, any land application of industrial wastewater, industrial wastewater treatment sludge, and related process wastes, excluding certain animal agricultural wastes, shall be subject to a nutrient management technical standard, including a phosphorus index, as described in the act. Sampling results shall be sent to the Department of Natural Resources. This provision shall not apply to land application conducted in compliance with a land application management plan approved by the Department.

The Clean Water Commission may exempt an entity from the requirement to obtain a fertilizer permit only if the entity is producing products that are commercially sold to an end user and have accurate labeling for each container.

Entities currently storing combined bulk fertilizers in storage basins shall not be exempt from any design requirements for agrichemical facilities established by rule when constructing new agrichemical facilities.

In order to receive an operating fertilizer permit, any point source or operating location seeking an operating permit for a commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel shall meet current design requirements for wastewater treatment facilities design capacity.

The Department of Natural Resources shall require at least, but no more than, specific buffer distances between the nearest commingled offsite industrial wastewater or wastewater residuals open storage basin and any public building or residence as described in the act, from which a written agreement for operation shall be obtained. Requirements for the written agreement are described in the act.

The Department shall require groundwater monitoring on a site-specific basis when, in the determination of the Division of Geological Survey, the commingled offsite industrial wastewater and wastewater residuals open storage basin or open storage vessel is located in proximity to a geological feature that increases the likelihood of groundwater contamination.

The Department shall establish by rule sampling requirements for commingled offsite industrial wastewater and wastewater residuals open storage basins or open storage vessels based on permitted materials. The Department shall, within 60 days of the effective date of the act, begin the rulemaking process, which will include creating a chain of custody record form to be used by all parties during the handling of testing samples, and establish criteria to require monthly sampling and testing of any contents of any commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel, as described in the act. Testing shall be done by a third-party certified laboratory and results of the testing shall be sent to the Department by the laboratory annually.

The provision creates two new definitions for "agrichemical facility" and "operating location".

This provision is similar to SB 1369 (2024).

The act contains an emergency clause.

JULIA SHEVELEVA