FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DEMPSEY, SMITH (14),
ZWEIFEL AND SPRENG (Co-sponsors).
Read 1st time February 13, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 305, RSMo, by adding thereto two new sections relating to regulation of aviation noise, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 305, RSMo, is amended by adding thereto two new sections, to be known as sections 305.588 and 305.590, to read as follows:
305.588. 1. For the purposes of this section, the following terms shall mean:
(1) "dB", decibel, the usual unit for measuring the relative loudness of sounds, measured on the A scale;
(2) "FAA", the Federal Aviation Administration;
(3) "FEIS", the Final Environmental Impact Statement for Lambert-St. Louis International Airport, Appendix Q, Noise Grid Analysis, dated December, 1997, and approved by the FAA in its Record of Decision dated September 30, 1998.
2. Beginning one year after aircraft operations begin on the new runway designated W-1W at Lambert-St. Louis International Airport and every year thereafter, aircraft operations shall not cause noise levels in the vicinity of the airport to exceed those decibel levels published in the FAA's FEIS for Lambert-St. Louis International Airport, Table Q-1, page Q-2, column "2002, W-1W".
3. Noise monitors shall be erected at the locations designated "CO1" through "C12" in Table Q-1 and whose location is identified in Figure Q-1 of the FEIS. These monitors shall be fully operational coinciding with the beginning of aircraft operations on W-1W and shall be identical to permanent noise monitors used at other locations around Lambert Airport. If actual noise decibel levels as measured by those monitors exceed the levels identified in Table Q-1, then Lambert-St. Louis International Airport shall have one year to come into compliance with the FEIS.
4. If noise decibel levels are not reduced to levels at or below those listed in Table Q-1 one year after the initial violation was identified, Lambert-St. Louis International Airport shall be fined the amount of twenty-five thousand dollars for each noise monitoring location as set forth in subsection 3 of this section that exceeds the noise decibel level listed in Table Q-1 for that location. Measurements shall be made on a yearly basis and compared to the Table Q-1 levels for determinations of violations. The Aviation Noise Regulation Committee (ANRC) shall have the responsibility of monitoring the noise levels and compliance with the FEIS and distributing any fines as set forth in this section and section 305.590.
305.590. 1. There is hereby established the "Aviation Noise Regulation Committee" (ANRC) to consist of one member from each of the following political subdivisions to be appointed by the political subdivision's governing body:
Bellerive
Bel-Nor
Bel-Ridge
Berkeley
Beverley Hills
Breckenridge Hills
Bridgeton
Calverton Park
Charlack
City of St. Louis
Cool Valley
Country Club Hills
Dellwood
Edmundson
Ferguson
Flordell Hills
Florissant
Glen Echo Park
Greendale
Hanley Hills
Hazelwood
Hillsdale
Jennings
Kinloch
Maryland Heights
Normandy
Northwoods
Norwood Court
Overland
Pagedale
Pasadena Hills
Pasadena Park
Pine Lawn
St. Ann
St. Charles City
St. Charles County
St. John
St. Louis County
Sycamore Hills
Uplands Park
Velda Village
Velda Village Hills
Vinita Park
Vinita Terrace
Wellston
Woodson Terrace
2. Each member appointed to the ANRC shall serve a term of four years. The members shall receive no compensation or reimbursement of expenses from the committee. In the event of any vacancy on the committee, the governing body of the political subdivision that appointed the person where the vacancy exists shall appoint a member to finish the vacating member's term. The committee shall have the authority to elect officers and establish rules for governance of the committee.
3. The ANRC shall determine whether Lambert-St. Louis International Airport is complying with the FEIS. If it determines Lambert-St. Louis International Airport has violated the FEIS in the manner described in section 305.588, the ANRC shall contact the Missouri attorney general in writing stating the nature of the violation, dates of the violation or violations, corrective action taken or lack thereof by the airport, and the required penalty. The attorney general shall notify the City of St. Louis and Lambert-St. Louis International Airport of the penalty and deadline for payment of such penalty.