SCS/HS/HCS/HB 1161 - 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. The Safe Drinking Water Commission shall promulgate rules for the certification of backflow prevention assembly testers.

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. The Department shall make two percent of the federal capitalization grant funds available for training and technical assistance to public water systems serving fewer than 10,000 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. Maximum civil penalties for drinking water violations shall be $50 per day of violation or part thereof for the first violation and $100 per day or violation or part thereof for subsequent violations. Currently, civil penalties are limited per violation and may not exceed $50 for the first violation and $100 for subsequent violations. 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 $1000 per day and $25,000 per violation for systems serving more than 10,000 persons, $250 per day and $5000 per violation for systems serving at least 500 and fewer than 10,000 persons and $100 per day and $1000 per violation for systems serving fewer than 500 persons. 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.

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.

COMPLIANCE RECORDS - The Public Drinking Water Program within the Department shall maintain records of compliance and actions above and beyond compliance by entities regulated by the program if the entity provides written notice of such actions at or prior to inspection.

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 SB 543 and SB 700 from 1998.

The act contains an emergency clause.

The act contains penalty provisions.
OTTO FAJEN

SA 1 - CORRECTS TECHNICAL ERRORS IN TITLE AND ENACTING CLAUSE. SA 2 - ADDS SB 837 AUTHORIZING THE BOARD OF FUND COMMISSIONERS TO BORROW $15 MILLION TO FURTHER THE EFFORTS OF THE DEPARTMENT OF NATURAL RESOURCES IN REDUCING WATER POLLUTION. SA 3 - REVISES LANGUAGE PROVIDING THAT RULES PROMULGATED BY THE SAFE DRINKING WATER COMMISSION TO ADMINISTER THE PUBLIC DRINKING WATER PROGRAM SHALL BE PROMULGATED PURSUANT TO CHAPTER 536, RSMO, AND SHALL BE SUBJECT TO REVIEW OF THE JOINT COMMITTEE ON ADMINISTRATIVE RULES. SA 4 - BEGINNING JULY 1, 1998, THE DEPARTMENT OF NATURAL RESOURCES SHALL NOT ISSUE AN OPERATING PERMIT FOR A SANITARY LANDFILL OR A SOLID WASTE PROCESSING FACILITY PROPOSED WITHIN 2500 FEET OF A LOSING (UNDERGROUND) STREAM OR A WATER SUPPLY WELL UNLESS THE APPLICANT HAS PROVIDED WRITTEN CONSENT FROM 75% OF THE LANDOWNERS OF ANY WELLS WITHIN 2500 FEET. SA 5 - REQUIRES CERTAIN MARINE VESSELS WITH AN INSTALLED TOILET TO HAVE A MARINE SANITATION DEVICE SUBJECT TO CERTAIN RESTRICTIONS TO AVOID OVERBOARD DISCHARGE OF SEWAGE INTO WATERS OF THE STATE. THE AMENDMENT DOES NOT APPLY ON THE MISSISSIPPI RIVER OR THE MISSOURI RIVER. CIVIL PENALTIES ARE INCLUDED. SA 6 - REVISES FLOOD PLAIN LANGUAGE TO APPLY TO "ANY JUDICIAL PROCEEDING" MEETING THE OTHER SPECIFICATIONS OF THE ACT.