HCS HB 824 -- ENVIRONMENTAL REGULATIONS

Any air contaminant source required to obtain a permit annually
pays a fee per ton of regulated air contaminant emitted.
Currently, the minimum and maximum limits for per ton fees may be
adjusted annually.  This bill specifies that the fee will be
limited to not less than $25 and not more than $40 per ton of
regulated air contaminant.

The bill clarifies that the Land Reclamation Commission will have
no authority to regulate the excavation of minerals or fill dirt
at the site of an excavation. No public entity, private person,
or contractor or subcontractor to a public entity or private
person will be required to obtain a permit for the purpose of
moving minerals or fill dirt within the confines of real property
where excavation occurs.  Any private person, lessor, public
entity, contractor, or subcontractor engaged in land improvement
involving the displacement, moving, or removal of minerals and
fill dirt may be required to obtain a surface mining permit in
accordance with a determination by the commission.

The bill also allows any person or entity involved or affected by
a finding, decision, order, or assessment by the Hazardous Waste
Management Commission, Land Reclamation Commission, Safe Drinking
Water Commission, Air Conservation Commission, or Clean Water
Commission to have an appeals hearing before the Administrative
Hearing Commission if they file a petition within 30 days after
receiving notice of the judgment.  If a party filing an appeal
prevails in the dispute, that party is entitled to interest on
any amount wrongfully collected or erroneously paid.  However,
the authority to render a final decision after an appeals hearing
remains with the Administrative Hearing Commission.  A commission
issuing a final order or decision will have the burden of proof,
except in cases involving the denial of a permit, license, or
registration, in which case the burden is on the applicant.
Appropriations will be made from the respective funds of the
various commissions to cover the costs of any Administrative
Hearing Commission appeal.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm