SB 543 - PUBLIC DRINKING WATER - 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. Rules of the Safe Drinking Water Commission shall be promulgated pursuant to Chapter 536, RSMo. Existing rules authority is repealed, but existing rules are not affected. The rulemaking authority of the Commission and the authority of the General Assembly to review, delay or annul rules are nonseverable.

The Drinking Water Revolving Fund is created. The Safe Drinking Water Commission shall establish criteria for priorities for drinking water loans and shall develop an Intended Use Plan. At least 35% of grant funding shall be made available for qualifying systems serving 10,000 or fewer persons.

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". Technical changes re publishing of annual reports on water systems by DNR. Each water supplier shall provide each customer with the federally-required report of test results.

The Department may issue administrative orders pertaining to public water systems. 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.

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 identify the origins of monitored drinking water contaminants. The Department may establish a voluntary, source water petition protection program.

Rules of the Clean Water Commission shall be promulgated pursuant to Chapter 536, RSMo. Existing rules authority is repealed, but existing rules are not affected. Rulemaking authority of the Commission and the authority of the General Assembly to review, delay or annul rules are nonseverable.

The Department may provide assistance under Chapter 644, RSMo, to state agencies and community and nonprofit, noncommunity water systems. The Clean Water Commission shall establish priorities for wastewater projects and implement the Intended Use Plan for drinking water loans. The Water and Wastewater Loan Fund may also be used to provide assistance to community and nonprofit, noncommunity water systems and private wastewater facilities. Moneys in the Drinking Water State Revolving Fund shall be used for the purposes of the federal Safe Drinking Water Act and shall be accounted for separately.

FLOOD PLAINS - A proper permit from an agency with appropriate jurisdiction over a flood prone area shall constitute conclusive proof of a "reasonable use" in any court case regarding a surface water project in a flood plain.

WETLANDS - The Department of Natural resources shall certify "nationwide" permits established by the United States Army Corps of Engineers under Section 404 of the federal Clean Water Act without conditions relating to wetlands.

LOSING STREAMS - The Clean Water Commission may adopt a rebuttable presumption that the portion of a stream extending upstream up to one mile from a designated losing stream is also a losing stream. The Commission may not adopt any other presumptions that streams are losing streams and shall base those determinations on actual information about the stream.

The act is similar to HCS/HB 288 from 1997.

The act contains an emergency clause.

The act contains penalty provisions.
OTTO FAJEN