FIRST REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 460

89th GENERAL ASSEMBLY


S1765.01I

AN ACT

     To repeal section 644.071, RSMo 1994, relating to appeals of water pollution permits, and to enact in lieu thereof one new section relating to the same subject.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 644.071, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 644.071, to read as follows:

     644.071. 1. All final orders or determinations of the commission or the executive secretary made pursuant to the provisions of sections 644.006 to 644.141 are subject to judicial review pursuant to the provisions of chapter 536, RSMo. No judicial review shall be available, however, unless and until all administrative remedies are exhausted.

     2. In any suit filed pursuant to section 536.050, RSMo, concerning the validity of the commission's standards, rules and regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such standards, rules, limitations, and regulations and may hear such additional evidence as it deems necessary.

     3. Any person residing in this state and any entity doing business in this state may appeal any final decision of the commission regarding an application for a permit to be issued pursuant to this chapter to circuit court. Any appeal pursuant to this section shall be conducted pursuant to chapter 536, RSMo.