SCS/SB 123 - Generally, this act is enabling legislation for the requirements of the federal Safe Drinking Water Act of 1996.

The act broadens rulemaking authority of the Safe Drinking Water Commission (SDWC) to cover the requirements of the federal Safe Drinking Water Act. The SDWC shall establish criteria for priorities for drinking water loans and shall develop an Intended Use Plan for funding such loans to submit to the Clean Water Commission. The Department of Natural Resources shall certify public water system operators and shall certify backflow prevention assembly testers based upon passing standard, nationally-recognized exams. The act terminates the Laboratory Service and Program Administration fee assessed on drinking water systems.

The act authorizes the SDWC to assess administrative penalties under requirements and procedures which are generally similar to those already provided in law for several other regulatory programs within the Department. The maximum penalty is one thousand dollars per day for systems serving more than ten thousand persons and two hundred and fifty dollars per day for smaller systems. The maximum penalty per violation is twenty- five thousand dollars. Penalties may be appealed to the Commission and then to circuit court. Administrative penalties shall not be imposed if the violation only has "potential" to cause harm to health or the environment.

The Department may issue administrative orders pertaining to public water systems. Civil penalties are increased to one thousand dollars per day, from fifty dollars for first day and one hundred dollars thereafter. Civil penalties may be sought for violations of orders and rules, as well as violations of law. The Department shall not seek a civil penalty if an administrative penalty was assessed and collected. The Department shall seek to resolve violations with conference, conciliation and persuasion.

Permitted public water systems must designate an organization to serve as the "continuing authority" for the system. After Oct. 1, 1999, new community and other nontransient water systems must show that they have and will maintain the resources and capability to comply with safe drinking water law. Any community or other nontransient water system subject to an administrative order for significant noncompliance with the federal Safe Drinking Water Act shall be required to designate a "continuing authority" and demonstrate the capability to comply with safe drinking water law.

The Department may allow testing under a federally- authorized "flexible monitoring program". Each water supplier shall provide each customer with the federally-required report of test results.

The Department may establish a voluntary, source water petition protection program.

The Department may provide assistance under Chapter 644, RSMo, to state agencies and community and nonprofit, noncommunity water systems. The Water and Wastewater Loan Fund may also be used to provide assistance to community and nonprofit, noncommunity water systems and private wastewater facilities. The Safe Drinking Water Commission shall establish criteria for priorities for drinking water loans and shall develop an Intended Use Plan. The Clean Water Commssion shall establish priorities for wastewater projects and implement the Intended Use Plan for drinking water loans.

The act contains penalty provisions.

This act is similar to HB 288 from 1997.
OTTO FAJEN