CCS SCS HS HCS HB 1161 -- PUBLIC DRINKING WATER

This bill makes several changes to public drinking water law.

The Safe Drinking Water Commission, in conjunction with the
Clean Water Commission, will implement a program to provide
loans to community and other nonprofit drinking water systems in
accordance with the federal Safe Drinking Water Act.  At least
35% of the loan funds will be made available to systems serving
less than 10,000 persons, with 20% for systems serving 3,300
persons or fewer and 15% for systems serving between 3,301 and
9,999 persons.  The Department of Natural Resources (DNR) will
also make 2% of federal funding available to systems serving
less than 10,000 persons for training and technical assistance.

Community and other nontransient water systems commencing
operation after October 1, 1999, or found in violation of
drinking water law must show that a permanent organization
exists to serve as a capable continuing operating authority.
All permits for drinking water systems will be reviewed with
change of ownership.

DNR may assess administrative penalties for violations.  The
maximum penalties are: $1,000 per day to a maximum of $25,000
per violation for systems serving 10,000 or more persons; $250
per day to a maximum of $5,000 per violation for systems serving
500 to 9,999 persons; and $100 per day to a maximum of $1,000
per violation for systems serving fewer than 500 persons.

Administrative penalties may be appealed to the Safe Drinking
Water Commission, and no penalty will be assessed if a civil
penalty was imposed or before trying to resolve the violation
through conference, conciliation, and persuasion.  Maximum civil
penalties are increased from $50 for the first violation and
$100 for subsequent violations to $50 per day for the first
violation and $100 per day for subsequent violations.

The Safe Drinking Water Commission will certify public water
system operators and backflow prevention assembly testers.
Federally authorized flexible monitoring programs may be
followed for contaminant testing, and all test results must be
reported to customers.  DNR may conduct source water assessments
and a voluntary source water protection program.

In other provisions, the bill:

(1)  Authorizes the Board of Fund Commissioners to issue an
additional $15 million of bonds for water pollution control,
drinking water system improvement, and stormwater control
pursuant to Article III, Section 37(e) of the Missouri
Constitution;

(2)  Requires DNR to certify, without conditions, any federal
Clean Water Act Section 404 nationwide permit;

(3)  Requires the Clean Water Commission to base losing stream
determinations on applicable data rather than presumption,
although any stream segment within one mile upstream of a
designated losing stream may be presumed to also be a losing
stream;

(4)  Establishes guidelines for the installation of sanitation
devices on boats to prevent sewage discharge into the waters of
the state, with violators subject to a civil penalty of up to
$2,000;

(5)  Requires DNR to maintain records of compliance for any
program in which records of site inspections and violations are
maintained; and

(6)  States that compliance with a permit from a political
subdivision will be considered proof of reasonable use in any
contested case or judicial proceeding involving surface water in
flood-prone areas filed after January 1, 1998, if the political
subdivision has jurisdiction and has acted in accordance with
the requirements of the National Flood Insurance Program.

The bill contains an emergency clause.

HS HCS HB 1161 -- PUBLIC DRINKING WATER (Wiggins)

This substitute makes several changes to public drinking water
law.

The Safe Drinking Water Commission, in conjunction with the
Clean Water Commission, will implement a program to provide
loans to community and other nonprofit drinking water systems in
accordance with the federal Safe Drinking Water Act.  At least
35% of the loan funds will be made available to systems serving
less than 10,000 persons, with 20% for systems serving 3,300 or
less and 15% for systems serving between 3,301 and 9,999.  The
Department of Natural Resources (DNR) will also provide funds to
systems serving less than 10,000 persons for training and
technical assistance.

Community and other non-transient water systems commencing
operation after October 1, 1999, or found in violation of
drinking water law must show that a permanent organization
exists to serve as a capable continuing operating authority.
All permits for drinking water systems will be reviewed with
change of ownership.

DNR may assess administrative penalties for violations.  The
maximum penalties are: $1,000 per day to a maximum of $25,000
per violation for systems serving 10,000 or more persons; $250
per day to a maximum of $5,000 per violation for systems serving
500 to 9,999 persons; and $100 per day to a maximum of $1,000
per violation for systems serving less than 500 persons.
Administrative penalties may be appealed to the Safe Drinking
Water Commission, and no penalty will be assessed if a civil
penalty was imposed or before trying to resolve the violation
through conference, conciliation, and persuasion.

The Safe Drinking Water Commission will certify public water
system operators.  Federally authorized flexible monitoring
programs may be followed for contaminant testing, and all test
results must be reported to customers.  DNR may also conduct
source water assessments and a voluntary source water protection
program.

The substitute also requires DNR to certify, without conditions,
any federal Clean Water Act Section 404 nationwide permit.
Further, DNR must maintain records of compliance for any program
in which records of site inspections and violations are
maintained.  Finally, in any contested case filed after January
1, 1998, involving surface water in flood-prone areas,
compliance with a permit from a political subdivision is
considered proof of  reasonable use if the political subdivision
has jurisdiction and has acted in accordance with the
requirements of the National Flood Insurance Program.

The substitute contains an emergency clause.

FISCAL NOTE:  Cost to General Revenue Fund of $4,371,520 in FY
1998, $1,937,131 in FY 1999, and $2,383,016 in FY 2000.
Estimated Net Effect on Public Drinking Water Revolving Fund of
$0 in FY 1998, FY 1999, and FY 2000.

HCS HB 1161 -- PUBLIC DRINKING WATER

SPONSOR:  Wiggins

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Environment and Energy by a vote of 22 to 0.

This substitute makes several changes to public drinking water
law.

The Safe Drinking Water Commission, in conjunction with the
Clean Water Commission, will implement a program to provide
loans to community and other nonprofit drinking water systems in
accordance with the federal Safe Drinking Water Act.  The Safe
Drinking Water Commission will also certify public water system
operators.

Community and other non-transient water systems commencing
operation after October 1, 1999, or found in violation of
drinking water law must show that a permanent organization
exists to serve as a capable continuing operating authority.
All permits for drinking water systems will be reviewed with
change of ownership.

The Department of Natural Resources may assess administrative
penalties for violations.  The maximum penalties are: $1,000 per
day to a maximum of $25,000 per violation for systems serving
10,000 or more persons; $500 per day to a maximum of $5,000 per
violation for systems serving 500 to 9,999 persons; and $100 per
day to a maximum of $1,000 per violation for systems serving
less than 500 persons.  Administrative penalties may be appealed
to the Safe Drinking Water Commission, and no penalty will be
assessed if a civil penalty was imposed or before trying to
resolve the violation through conference, conciliation, and
persuasion.

Federally authorized flexible monitoring programs may be
followed for contaminant testing, and all test results must be
reported to customers.  The department may also conduct source
water assessments and a voluntary source water protection
program.

The substitute contains an emergency clause.

FISCAL NOTE:  Cost to General Revenue Fund of $4,371,520 for FY
1998, $1,937,131 for FY 1999, and $2,383,016 for FY 2000.
Estimated Net Effect on Public Drinking Water Revolving Fund of
$0 for FY 1998, 1999, and 2000.

PROPONENTS:  Supporters say that this bill is in response to the
1996 federal Safe Drinking Water Act.  Immediate enactment is
necessary to continue state primacy in the enforcement of
federal law and to ensure eligibility for federal grants to
establish a state revolving loan fund for local drinking water
systems.

Testifying for the bill were Representatives Wiggins and
Relford; Department of Natural Resources; and Missouri Coalition
for the Environment.

OPPONENTS:  Those who oppose the bill say that the
administrative penalties in the original bill are too onerous
for small drinking water systems.

Testifying against the bill was the Missouri Rural Water
Association.

Terry Finger, Senior Legislative Analyst

HB 1161 -- Public Drinking Water

Co-Sponsors:  Wiggins, Relford

This bill makes several changes to public drinking water law.

The Safe Drinking Water Commission, in conjunction with the
Clean Water Commission, will implement a program to provide
loans to community and other nonprofit drinking water systems in
accordance with the federal Safe Drinking Water Act.  The Safe
Drinking Water Commission will also certify public water system
operators.

Community and other non-transient water systems commencing
operation after October 1, 1999, or found in violation of
drinking water law must show that a permanent organization
exists to serve as a capable continuing operating authority.
All permits for drinking water systems will be reviewed with
change of ownership.

The Department of Natural Resources may assess administrative
penalties for violations.  The maximum administrative penalty is
$1,000 per day for systems serving 10,000 or more persons and
$250 per day for smaller systems, to a maximum of $25,000 per
violation.  Administrative penalties may be appealed to the Safe
Drinking Water Commission, and no penalty will be assessed if a
civil penalty was imposed or before trying to resolve the
violation through conference, conciliation, and persuasion.

Federally authorized flexible monitoring programs may be
followed for contaminant testing, and all test results must be
reported to customers.  The department may also conduct source
water assessments and a voluntary source water protection
program.

The bill contains an emergency clause.