644.026. Powers and duties of commission--rules, procedure.
Powers and duties of commission--rules, procedure.
644.026. 1. The commission shall:
(1) Exercise general supervision of the administration and enforcementof sections 644.006 to 644.141 and all rules and regulations and orderspromulgated thereunder;
(2) Develop comprehensive plans and programs for the prevention, controland abatement of new or existing pollution of the waters of the state;
(3) Advise, consult, and cooperate with other agencies of the state, thefederal government, other states and interstate agencies, and with affectedgroups, political subdivisions and industries in furtherance of the purposesof sections 644.006 to 644.141;
(4) Accept gifts, contributions, donations, loans and grants from thefederal government and from other sources, public or private, for carrying outany of its functions, which funds shall not be expended for other than thepurposes for which provided;
(5) Encourage, participate in, or conduct studies, investigations, andresearch and demonstrations relating to water pollution and causes,prevention, control and abatement thereof as it may deem advisable andnecessary for the discharge of its duties pursuant to sections 644.006 to644.141;
(6) Collect and disseminate information relating to water pollution andthe prevention, control and abatement thereof;
(7) After holding public hearings, identify waters of the state andprescribe water quality standards for them, giving due recognition tovariations, if any, and the characteristics of different waters of the statewhich may be deemed by the commission to be relevant insofar as possiblepursuant to any federal water pollution control act. These shall bereevaluated and modified as required by any federal water pollution controlact;
(8) Adopt, amend, promulgate, or repeal after due notice and hearing,rules and regulations to enforce, implement, and effectuate the powers andduties of sections 644.006 to 644.141 and any required of this state by anyfederal water pollution control act, and as the commission may deem necessaryto prevent, control and abate existing or potential pollution;
(9) Issue, modify or revoke orders prohibiting or abating discharges ofwater contaminants into the waters of the state or adopting other remedialmeasures to prevent, control or abate pollution;
(10) Administer state and federal grants and loans to municipalities andpolitical subdivisions for the planning and construction of sewage treatmentworks;
(11) Hold such hearings, issue such notices of hearings and subpoenasrequiring the attendance of such witnesses and the production of suchevidence, administer such oaths, and take such testimony as the commissiondeems necessary or as required by any federal water pollution control act.Any of these powers may be exercised on behalf of the commission by anymembers thereof or a hearing officer designated by it;
(12) Require the prior submission of plans and specifications, or otherdata including the quantity and types of water contaminants, and inspect theconstruction of treatment facilities and sewer systems or any part thereof inconnection with the issuance of such permits or approval as are required bysections 644.006 to 644.141, except that manholes and polyvinyl chloride (PVC)pipe used for gravity sewers and with a diameter no greater than twenty-seveninches shall not be required to be tested for leakage;
(13) Issue, continue in effect, revoke, modify or deny, under suchconditions as it may prescribe, to prevent, control or abate pollution or anyviolations of sections 644.006 to 644.141 or any federal water pollutioncontrol act, permits for the discharge of water contaminants into the watersof this state, and for the installation, modification or operation oftreatment facilities, sewer systems or any parts thereof. Such permitconditions, in addition to all other requirements of this subdivision, shallensure compliance with all effluent regulations or limitations, water qualityrelated effluent limitations, national standards of performance and toxic andpretreatment effluent standards, and all requirements and time schedulesthereunder as established by sections 644.006 to 644.141 and any federal waterpollution control act; however, no permit shall be required of any person forany emission into publicly owned treatment facilities or into publicly ownedsewer systems tributary to publicly owned treatment works;
(14) Establish permits by rule. Such permits shall only be availablefor those facilities or classes of facilities that control potential watercontaminants that pose a reduced threat to public health or the environmentand that are in compliance with commission water quality standards rules,effluent rules or rules establishing permits by rule. Such permits by ruleshall have the same legal standing as other permits issued pursuant to thischapter. Nothing in this section shall prohibit the commission from requiringa site-specific permit or a general permit for individual facilities;
(15) Require proper maintenance and operation of treatment facilitiesand sewer systems and proper disposal of residual waste from all suchfacilities and systems;
(16) Exercise all incidental powers necessary to carry out the purposesof sections 644.006 to 644.141, assure that the state of Missouri complieswith any federal water pollution control act, retains maximum controlthereunder and receives all desired federal grants, aid and benefits;
(17) Establish effluent and pretreatment and toxic material controlregulations to further the purposes of sections 644.006 to 644.141 and asrequired to ensure compliance with all effluent limitations, waterquality-related effluent limitations, national standards of performance andtoxic and pretreatment effluent standards, and all requirements and any timeschedules thereunder, as established by any federal water pollution controlact for point sources in this state, and where necessary to prevent violationof water quality standards of this state;
(18) Prohibit all discharges of radiological, chemical, or biologicalwarfare agent or high-level radioactive waste into waters of this state;
(19) Require that all publicly owned treatment works or facilities whichreceive or have received grants or loans from the state or the federalgovernment for construction or improvement make all charges required bysections 644.006 to 644.141 or any federal water pollution control act for useand recovery of capital costs, and the operating authority for such works orfacility is hereby authorized to make any such charges;
(20) Represent the state of Missouri in all matters pertaining tointerstate water pollution including the negotiation of interstate compacts oragreements;
(21) Develop such facts and make such investigations as are consistentwith the purposes of sections 644.006 to 644.141, and, in connectiontherewith, to enter or authorize any representative of the commission to enterat all reasonable times and upon reasonable notice in or upon any private orpublic property for any purpose required by any federal water pollutioncontrol act or sections 644.006 to 644.141 for the purpose of developingrules, regulations, limitations, standards, or permit conditions, orinspecting or investigating any records required to be kept by sections644.006 to 644.141 or any permit issued pursuant to sections 644.006 to644.141, any condition which the commission or director has probable cause tobelieve to be a water contaminant source or the site of any suspectedviolation of sections 644.006 to 644.141, regulations, standards, orlimitations, or permits issued pursuant to sections 644.006 to 644.141. Theresults of any such investigation shall be reduced to writing, and shall befurnished to the owner or operator of the property. No person shall refuseentry or access, requested for the purposes of inspection pursuant to thissubdivision, to an authorized representative in carrying out the inspection.A suitably restricted search warrant, upon a showing of probable cause inwriting and upon oath, shall be issued by any judge or associate circuit judgehaving jurisdiction to any representative for the purpose of enabling him orher to make such inspection. Information obtained pursuant to this sectionshall be available to the public unless it constitutes trade secrets orconfidential information, other than effluent data, of the person from whom itis obtained, except when disclosure is required pursuant to any federal waterpollution control act;
(22) Retain, employ, provide for, and compensate, within appropriationsavailable therefor, such consultants, assistants, deputies, clerks and otheremployees on a full- or part-time basis as may be necessary to carry out theprovisions of sections 644.006 to 644.141 and prescribe the times at whichthey shall be appointed and their powers and duties;
(23) Secure necessary scientific, technical, administrative andoperation services, including laboratory facilities, by contract or otherwise,with any educational institution, experiment station, or any board,department, or other agency of any political subdivision of the state or thefederal government;
(24) Require persons owning or engaged in operations which do or coulddischarge water contaminants, or introduce water contaminants or pollutants ofa quality and quantity to be established by the commission, into any publiclyowned treatment works or facility, to provide and maintain any facilities andconduct any tests and monitoring necessary to establish and maintain recordsand to file reports containing information relating to measures to prevent,lessen or render any discharge less harmful or relating to rate, period,composition, temperature, and quality and quantity of the effluent, and anyother information required by any federal water pollution control act or thedirector, and to make them public, except as provided in subdivision (21) ofthis section. The commission shall develop and adopt such procedures forinspection, investigation, testing, sampling, monitoring and entry respectingwater contaminant and point sources as may be required for approval of such aprogram pursuant to any federal water pollution control act;
(25) Take any action necessary to implement continuing planningprocesses and areawide waste treatment management as established pursuant toany federal water pollution control act or sections 644.006 to 644.141.
2. No rule or portion of a rule promulgated pursuant to this chaptershall become effective unless it has been promulgated pursuant to chapter 536,RSMo.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1987 H.B. 497, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2000 S.B. 741)*Transferred 1986; formerly 204.026
CROSS REFERENCE:
Additional duties and powers of commission, Chap. 256, RSMo