Chapter 256Geology, Water Resources and Geodetic Survey
256.010. The governor is hereby authorized to appoint, by and with the consent of the senate, one state geologist, who shall be a person of competent scientific and practical knowledge of the sciences of geology and mineralogy, and who shall be the director of the survey, and said state geologist may appoint such assistants and subordinate assistants and laborers as may be deemed necessary in order to make a thorough, scientific, geological and mineralogical survey of the state. The state geologist shall serve for a term of four years unless sooner removed by the governor.
Governor, state geologist--powers.
(RSMo 1939 § 14875, A. 1949 S.B. 1089, A.L. 1961 p. 245)
Prior revisions: 1929 § 13686; 1919 § 5752; 1909 § 6633
*The Reorganization Act of 1974 provides that the director of the department of natural resources shall appoint a state geologist. All powers, duties and functions of the state geologist were transferred to the department of natural resources by type I transfer.
Earthquake building and construction ordinances for certain cities and counties, duty of state geologist to notify state emergency management agency, 319.200
256.030. The governor shall have general superintending control of the division of geological survey and water resources, with power to remove the state geologist for cause, and to appoint his successor. The control, direction, and management of all assistants and other employees shall be the responsibility of the state geologist.
Oath of office--private consulting prohibited.
(RSMo 1939 § 14890, A.L. 1947 V. I p. 311)
Prior revisions: 1929 § 13701; 1919 § 5767; 1909 § 6648
*The Reorganization Act of 1974 provides that the director of the department of natural resources shall appoint a state geologist. All powers, duties and functions of the state geologist were transferred to the department of natural resources by type I transfer.
256.040. Before entering upon the duties of his office the state geologist shall take the usual oath to faithfully demean himself in office and perform all the duties required of him by law. The state geologist and all employees of the division shall abstain from all private or personal consulting activities for themselves or others within the state while employed in the division of geological survey and water resources.
State geologist and assistants--duties.
(RSMo 1939 § 14894, A.L. 1947 V. I p. 311)
Prior revisions: 1929 § 13705; 1919 § 5768; 1909 § 6649
256.050. It shall be the duty of the state geologist and his assistants, under the instructions and directions of the governor, to carry on, with as much expedition and dispatch as may be consistent with minuteness and accuracy, a thorough geological survey of the state, with a view to determine the order, succession, arrangement, relative position, dip or inclination and comparative magnitude of the several strata or geological formations within this state; to discover and examine all beds or deposits of mineral contents and fossils; to determine the various positions, formations, arrangement, composition, and utilization of the many different ores, clays, rocks, coals, mineral oils, natural gas, surface and ground waters, and other mineral substances as may be useful or valuable; to assemble and cause to be published an annual statistical report of the mineral production in the state; to have prepared topographic relief maps of areas and districts of the state toward the end of preparing a complete and accurate topographic relief map of the state; to apply geologic engineering principles to problems of agriculture, conservation, construction and other scientific matters that may be of practical importance and interest to the welfare of the state; to cause to be reported on maps, charts, or by other appropriate means, the results of geologic investigations as said investigations are completed; to publish or cause to be published any reports of work completed, in the form of maps, charts, pamphlets, bulletins, volumes, or circulars for general distribution; and to have prepared, and published, educational bulletins on subjects pertinent to geological studies, for distribution to educational institutions and persons interested in geology, paleontology, mineralogy, physiography, and mining.
Revolving fund for cash transactions involving the sale of Division ofGeology and Land Survey items established.
(RSMo 1939 § 14877, A.L. 1947 V. I p. 311)
Prior revisions: 1929 § 13688; 1919 § 5754; 1909 § 6635
256.055. Upon a request from the director of the department of natural resources, the commissioner of administration shall draw a warrant payable to the director of the division of geology and land survey in an amount to be specified by the director of the department of natural resources, but such amount shall not exceed the sum of five hundred dollars. The sum so specified shall be placed in the hands of the director of the division of geology and land survey as a revolving fund to be used in the cash transactions involving the sale of items made by the division of geology and land survey. All transactions shall be made in accordance with rules and regulations established by the commissioner of administration.
Survey of water resources.
(L. 2011 H.B. 190)
256.060. The state geologist is authorized to make a survey of the water resources of the state, including a survey of underground water supplies and the chemical composition of such waters. Gauging stations shall be established and maintained, and such other field and laboratory work shall be done as may be deemed necessary.
Maintenance of cabinet collection.
(RSMo 1939 § 14891, A.L. 1947 V. I p. 311)
Prior revision: 1929 § 13702
Water pollution control, Chap. 644
256.070. It shall be the duty of the state geologist to collect full suits of all materials, rocks, ores, fossils or other mineral substances of scientific or practical interest or utility as may be discovered, and that may be necessary to form a complete cabinet collection, to illustrate the various resources of the state, as may be necessary to assist in preparing the various reports of the survey.
Duty of assistants.
(RSMo 1939 § 14880)
Prior revisions: 1929 § 13691; 1919 § 5757; 1909 § 6638
256.080. It shall be the duty of the said assistants to make full and complete examinations, assays and analyses of all such rocks, ores, soils or other substances as may be submitted to them by the state geologist for the purpose, and to furnish him with a detailed and complete account of the results so obtained.
Information released to press--confidential material released,when--use of collections by educational institutions.
(RSMo 1939 § 14881)
Prior revisions: 1929 § 13692; 1919 § 5758; 1909 § 6639
256.090. 1. To expedite the release of general information or new discoveries, the state geologist may furnish such items to the press and radio. The unpublished reports and data gathered by the state geologist and his assistants shall be maintained in an open file at the headquarters of the division. To the extent consistent with state and federal law, confidential data supplied to the state geologist from outside sources shall cease to be confidential and shall be placed in the open file at a reasonable time after the completion of the project.
2. The state geologist is hereby authorized to furnish to educational institutions, located within the state of Missouri, collections of minerals, rocks or fossils, but the division shall retain title to such collections. Educational institutions shall pay the expense of transporting said collections.
Additional technical work--authorization.
(RSMo 1939 § 14882, A.L. 1947 V. I p. 311, A.L. 1985 H.B. 383)
Prior revisions: 1929 § 13693; 1919 § 5759; 1909 § 6640
256.100. The state geologist, with the approval of the governor, shall be authorized to negotiate for such technical work as may be necessary beyond the facilities of the division. He shall also purchase equipment, apparatus and supplies within the funds appropriated therefor.
Cooperation with federal agencies.
(RSMo 1939 § 14888, A.L. 1947 V. I p. 311)
Prior revisions: 1929 § 13699; 1919 § 5765; 1909 § 6646
256.110. The work of the division of geological survey and water resources may be done in cooperation with federal agencies and other state agencies. The state geologist shall be authorized to file formal cooperative agreements with federal agencies. The progress of cooperative programs shall be included in the report of the activities of the division.
Mine map repository established in office of state geologist--contentsto be maps of closed or abandoned underground mines.
(RSMo 1939 § 14893, A.L. 1947 V. I p. 311)
Prior revision: 1929 § 13704
256.112. For the purpose of public safety and the protection of property, the state geologist appointed pursuant to section 256.010 shall establish and maintain a "Mine Map Repository". The repository shall be located in the office of the state geologist and shall contain mine maps of closed or abandoned underground mines in this state.
Maps to be open for inspection in presence of authorizedpersonnel--copies made with consent of owner, exceptions.
(L. 1993 H.B. 312 & 257 § 1 subsec. 1)
256.113. Such maps shall be open to examination by all interested persons, but such examination shall be in the presence of the state geologist or a designated representative. No copies shall be made without the consent of the mine operator or landowner unless the mine has been closed or abandoned for five years or longer. No information about mineral occurrence or possible occurrence shall be made available at any time without the consent of the owner.
State geologist to acquire maps--owners or operators of undergroundmines closed permanently or temporarily to furnish true copies, when,contents.
(L. 1993 H.B. 312 & 257 § 1 subsec. 2)
256.115. 1. The office of the state geologist shall acquire copies of those underground mine maps that exist in museums and other repositories.
2. The owner or operator of each underground mine closed or abandoned before August 28, 1993, shall submit a true copy of all available maps of mine workings, shafts, slopes, tunnels, air vents or other openings to the mine map repository on or before one year after August 28, 1993.
3. The owner or operator of each operating underground mine wishing to close a mine, either temporarily or permanently, shall submit a true copy of maps showing the location of mine workings, shafts, slopes, tunnels, air vents, or other openings before closing or abandoning the mine.
4. Each map shall show at reasonable intervals the elevation in feet of the mine floor and mine back or ceiling. All elevations shall be based on an established and monumented datum, such as NAVD 1988. Such maps shall be oriented and positioned in the Missouri Coordinate System 1983. The maps shall show or note what horizontal control and vertical control stations were used to position the maps. It shall be acceptable to use an adopted local horizontal and vertical datum, but the relation between the local datums and NAVD 1988 and Missouri Coordinate System must be given.
5. Each map or set of maps shall show the name of the county, township, range and section or U.S. Survey in which the mine is located. The map shall also show the mine name, and mine owner or operator at the time of closing.
6. Each map shall contain a north arrow and scale. Each map shall be certified, signed, and sealed by the engineer or surveyor in responsible charge of the map preparation.
7. The owner may, with the approval of the state geologist, submit maps of older parts of the mine even though they are not certified by an engineer or surveyor, but they must be accurate and contain the information required in this section.
Funding for operation of map repository from document servicesfund--money from sales of maps or products deposited in fund.
(L. 1993 H.B. 312 & 257 § 1 subsec. 3 §§ 2, 3)
256.117. 1. Funds from department of natural resources revolving services fund created in section 640.065 may be used to purchase, acquire and copy maps described in sections 256.112 to 256.117, as well as all services necessary for the operation of the map repository.
2. All funds from the sale of maps and products from the mine map repository shall be deposited in the department of natural resources revolving services fund created in section 640.065.
Geodetic surveyors may enter on lands.
(L. 1993 H.B. 312 & 257 § 4, A.L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28)
10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
256.120. Persons employed under an act of Congress of the United States, passed the tenth day of February, 1807, and the supplement thereto, may, upon making satisfactory amends, enter upon lands within this state for any purpose which may be necessary to effect the object of said act, and may erect works, stations, buildings or appendages for that purpose, doing no unnecessary injury.
(RSMo 1939 § 14896)
Prior revisions: 1929 § 9736; 1919 § 12746; 1909 § 11328
256.130. If the parties interested cannot agree upon the amount to be paid for damages caused thereby, either of them may petition the circuit court in the county in which the land is situated, which court shall appoint a time for a hearing as soon as may be, and order at least fourteen days' notice to be given to all persons interested, and, with or without a view of the premises, as the court may determine, hear the parties and their witnesses and assess damages.
Costs, how adjusted.
(RSMo 1939 § 14897, A. 1949 S.B. 1117)
Prior revisions: 1929 § 9737; 1919 § 12747; 1909 § 11329
256.140. The person so entering upon land may tender to the party injured amends therefor, and if, in case of appeal to the circuit court, the damages finally assessed do not exceed the amount tendered, the person entering shall recover costs; otherwise the prevailing party shall recover costs.
(RSMo 1939 § 14898, A. 1949 S.B. 1117)
Prior revisions: 1929 § 9738; 1919 § 12748; 1909 § 11330
256.150. Any party to the proceeding under the provisions of sections 256.120 to 256.160, who may feel aggrieved by the decision of any circuit court, may take an appeal, in the same manner, and with like effect, as in other proceedings in the circuit courts of this state; provided, that no appeal herein provided for shall prevent the continuation of the work referred to in sections 256.120 to 256.160.
Interstate earthquake emergency compact.
(RSMo 1939 § 14901, A. 1949 S.B. 1117)
Prior revisions: 1929 § 9741; 1919 § 12751; 1909 § 11333
256.155. The general assembly of the state of Missouri hereby ratifies a compact on behalf of the state of Missouri with any other state legally joining therein in the form substantially as follows: ARTICLE I
The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster caused by earthquakes or other seismic disturbances. The full, immediate, and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, is necessary to provide needed short-term earthquake disaster assistance to states requesting such mutual aid. These resources shall be incorporated into a plan or plans of mutual aid to be developed among the appropriate agencies of states that are parties to this compact. These agencies shall develop and follow procedures designed to assure the maintenance of resource inventories and the exchange of information about earthquakes and disaster response. It is the policy of the party states to carry out this compact in a spirit of cooperation to provide the most effective earthquake disaster assistance to the residents of the states and to provide an equitable division of any necessary earthquake relief efforts in order to avoid a disproportionate allocation of contributed resources. ARTICLE II
Each party state shall have the duty to formulate earthquake relief plans and programs within such state. There shall be frequent consultation between the representatives of such states and with the United States government and the free exchange of relief plans and information, including inventories of any materials and equipment available for response to earthquake emergencies. To this end, each state will maintain a bank of standardized data which will establish a comprehensive listing of all resources within the seven-state region that might be needed during an earthquake disaster. The inventory will be shared equitably among the party states in the event of an earthquake recognizing each state's primary responsibility to assist and protect its residents. Each party state shall also share any available information on earthquake forecasts and reports of seismic activity. ARTICLE III
Whenever the governor of a party state requests aid from the governor of another party state pursuant to this compact in coping with an earthquake emergency, the requested state shall make available all possible aid to the requesting state consistent with the maintenance of protection for its residents and the policies stated in article I. ARTICLE IV
Whenever the officers or employees of any party state are rendering aid in another state pursuant to the request of another party state under this compact, those officers or employees shall, while under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid. Any person holding a license, certificate or other permit issued by any state demonstrating the meeting of qualifications for professional, mechanical, or other skills may render aid involving such skill in any party state to meet an earthquake emergency, and the state in which aid is rendered shall give due recognition to such license, certificate, or other permit as if issued in the state in which aid is rendered. ARTICLE V
No party or its officers, employees or other persons, certified by party states pursuant to agreed upon criteria and procedures for certification, rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on their part while so engaged, or on account of maintenance or use of any equipment or supplies in connection therewith. ARTICLE VI
Nothing in this agreement precludes any state from entering into supplementary agreements with another state or states for the undertaking of mutual aid and exchange of information in the event of an earthquake emergency. These supplementary agreements may comprehend but are not limited to provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility reconnaissance, welfare, transportation and communications personnel, equipment and supplies. ARTICLE VII
Each party state shall provide compensation and death benefits to its injured officers, employees or other persons certified by party states, pursuant to agreed upon criteria and procedures for certification, and the representatives of deceased officers, employees and other certified persons in case officers, employees or certified persons sustain injuries or death while rendering aid in another state pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer, employee or certified person was regularly employed. ARTICLE VIII
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such request, including amounts paid under article VII; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost. Any two or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may in some circumstances relieve the party state receiving aid from any liability and reimburse the party state rendering aid for some loss, damage or expense incurred within the terms of this article. ARTICLE IX
Plans for the orderly evacuation and reception of the civilian population as the result of an earthquake emergency shall be worked out from time to time between representatives of the party states. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans must provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures and transportation, food, clothing, medicines and medical care and like items. These expenditures shall be reimbursed by the party state of which the evacuees are residents or may be reimbursed by the United States government under plans approved by it. The party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees. ARTICLE X
Any state of the United States shall be eligible to become party to this compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted it into law provided that it shall not become initially effective until enacted into law by two party states. ARTICLE XI
Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until ninety days after the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. A withdrawing state shall be liable for any obligations which it may have incurred on account of its party status up to the effective date of withdrawal, except that if the withdrawing state has specifically undertaken or committed itself to any performance of an obligation extending beyond the effective date of withdrawal it shall remain liable to the extent of such obligation. ARTICLE XII
This compact is to be construed to effectuate the purposes stated in article I. If any provision of this compact is declared unconstitutional or the applicability of any provision to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability of this compact to other persons and circumstances is not to be affected by it.
(L. 1989 H.B. 561 § 1)
(1) "Areas subject to natural flooding", those portions of stream valleys subject to one-hundred-year flood events;
(2) "Dams", any dam regulated by the state of Missouri;
(3) "Department", the department of natural resources;
(4) "Geologic hazard assessment", a report that identifies and describes soil and ground water conditions, karst, drinking water supplies, dams, surface water bodies, areas subject to natural flooding or flooding by dam failure, high seismic risk areas, and landslide areas and any other type of geologic related hazard which could threaten public safety. The assessment shall include geologic and surficial materials maps at a scale of 1:24,000;
(5) "High seismic risk areas", those areas in the state that can be expected to experience an intensity of ground shaking equivalent to a Modified Mercalli intensity of VI within any fifty-year period;
(6) "Karst", those areas where deep weathering of carbonate bedrock has resulted in irregular bedrock and surface topography, poorly deferred surface drainage, and rapid surface water loss and having the possibility of surface subsidence; and
(7) "Landslide areas", those areas subject to slope movement that could endanger structures.
Cities and counties to be furnished geologic hazard assessmentprepared by division of geology and land survey.
(L. 1990 S.B. 539 § 6)
256.173. 1. The department shall provide each county in the state and a city not within a county, as the information becomes available, a geologic hazard assessment, such assessment to be prepared by the division of geology and land survey. The department shall provide to each county assistance in the use and application of the geologic hazard assessments in the county to which the assessment pertains. The geologic hazard assessment shall be made available to the general public.
2. The department shall provide each recorder of deeds of each county in the state a map showing the downstream area that would be affected in the event of a dam failure.
High seismic risk area data--duties of department.
(L. 1990 S.B. 539 § 7)
256.175. 1. The department shall furnish to the state emergency management agency technical data, including soil liquefaction and seismic effects, on structural foundations that are located in a high seismic risk area. If requested by a local government entity the department shall assist such local government in the establishment of construction standards based on the data provided in this subsection.
2. The department shall be designated as the lead technical agency in the state to conduct studies concerning the geologic effects of earthquakes, which shall include, but not be limited to, prediction of earthquake recurrence intervals and severity, tectonic and structural geologic studies, paleoseismic studies, geodetic surveys, and geomorphological studies.
Duties and powers of commission.
(L. 1990 S.B. 539 § 8)
256.200. The clean water commission shall develop a plan for a gradual, long-range, comprehensive statewide program for the conservation, development, management and use of the water resources of the state, and to this end:
(1) Shall collect data, make surveys, investigations and recommendations concerning the water resources of the state as related to its social and economic needs;
(2) Shall act as a clearing house and coordinator for the collection of water resources data and for the use of water resources data collected by various other governmental agencies and organizations;
(3) May accept gifts, contributions, donations and grants, and use the same for any purpose within the scope of section 256.250;
(4) May enter upon any lands or waters in the state for the purpose of making any investigation, examination, or survey contemplated by this section, and such authority extends to its agents; and
(5) May cooperate with the United States or any agency thereof or with any other state or agency thereof for any purposes within the scope of this section.
Bonds of members and employees.
(L. 1961 p. 246 § 6, A.L. 1969 S.B. 18)
*All powers, duties and functions of the water resources board were transferred to the clean water commission, by type I transfer, by the Reorganization Act of 1974.
Other powers and duties of clean water commission, 644.026
256.230. The clean water commission may provide for the execution of surety bonds for all members and employees who are entrusted with funds and property, and the premiums on all the surety bonds shall be paid from the funds appropriated to the commission.
Public agencies to cooperate with commission.
(L. 1961 p. 246 § 5)
256.250. Upon request of the clean water commission, any department, division, board, bureau, commission, public body or agency of the state, or of any political subdivision thereof shall supply such assistance and data as will enable the commission to carry out properly its activities and effectuate its purposes hereunder.
Reports of commission.
(L. 1961 p. 246 § 7)
256.260. The clean water commission shall:
(1) Within sixty days after the end of the fiscal year in even-numbered years, make a report to the governor and to the general assembly of its activities for the preceding biennial period; and
(2) Report to the governor at any time required, the results accomplished since its last report, pending plans and the status of any work or plans in progress.
(L. 1961 p. 246 § 9)
Water development fund created, purposes--funds not to revert.
(L. 1965 p. 389 § 1)
256.290. The general assembly of Missouri may transfer money from the general revenue fund to the "Missouri Water Development Fund", which is hereby created, and may appropriate money from the fund for the purposes of purchasing municipal and industrial water supply storage in public works projects as permitted by the Water Supply Act of 1958, P.L. 85-500, 85th Congress, as amended by the Federal Water Pollution Control Act amendments of 1961, P.L. 87-88, 87th Congress and by P.L. 534, 78th Congress (58 statutes at large, C 665) or under other applicable federal legislation, or to purchase municipal and industrial water supply storage in works constructed with federal assistance under authority of the Watershed Protection and Flood Prevention Act, P.L. 566, 83rd Congress, as amended by P.L. 1018, 84th Congress, or under other applicable federal legislation. The fund shall be a continuing fund and as such shall be exempt from the provisions of section 33.080.
Commission may contract with federal agencies.
(L. 1965 p. 389 § 2)
256.300. The clean water commission is authorized to make reasonable assurance that demands for use will be made within a period of time to permit payment of costs allocated to water supply within the life of the project, and upon receipt of specific appropriations from the fund may enter into contract with the appropriate federal departments for purposes of discharging nonfederal responsibilities relating to municipal and industrial water supply storage as permitted by applicable federal legislation on water resource projects and, in so doing, shall consider the projected water needs of the area that can be served by the project and shall also consider the ability of future users to reimburse any investment of funds that may be made by this state.
Duties of commission.
(L. 1965 p. 389 § 3)
256.310. The clean water commission:
(1) Shall be responsible for proper distribution and allocation of water stored in the ownership of the state under provisions of sections 256.280 to 256.350;
(2) May sell, assign or sublet water or water from storage, or with the approval of the general assembly may sell, assign or sublet water or storage, specified for municipal and industrial water supply to special-benefit users at costs designed to return the investment to state funds;
(3) Shall approve a reasonable method of delivery and measurement of water sold from storage;
(4) Shall deposit in the treasury to the credit of the fund money collected from sale of water from storage or for sale of storage.
Basis of payment--debt to be lien on property, how collected.
(L. 1965 p. 389 § 6 subsec. 1)
256.320. 1. Payment for delivery of stored water shall be on a current basis or on some other basis as might be agreed to, but at least on an annual basis.
2. Any debt incurred by a purchaser of stored water shall become a lien on all property owned by the purchaser and shall be collected by the state in the same manner as provided for the collection of delinquent taxes, except in the case of a political subdivision the state may sue for recovery of money due.
Commission to report to legislature, contents.
(L. 1965 p. 389 § 6 subsecs. 2, 3)
256.330. In order to serve the legislature with full information, the clean water commission shall report those segments of long-range planning which are applicable to management of the fund to each legislative session. The reports shall include economic justification for any recommendations involving contribution to or withdrawal from the fund, and shall also demonstrate benefits accruing to the state as a whole.
Legislature may appropriate from fund, purposes.
(L. 1965 p. 389 § 4)
256.340. Based on reports required in section 256.330, the legislature may appropriate money from the fund to the clean water commission for specified participation in future municipal and industrial water supply storage costs incurred by project construction, including cost sharing of the project investment cost, annual operation, maintenance and replacement costs, and payment of interest on the unpaid balance.
Law not to affect existing contracts.
(L. 1965 p. 389 § 5)
256.350. Nothing in sections 256.280 to 256.350 shall be construed as preventing consummation of a contract between a municipality, water district, county, or political subdivision of this state, and a federal department for water storage.
Commission to protect public interest in federal reservoirs.
(L. 1965 p. 389 § 7)
256.360. The clean water commission is authorized to act in behalf of the state, as required by the federal government, to protect those public interests associated with federal reservoirs involving water use and water management authority not otherwise delegated to state of Missouri agencies by statute or constitution, and the commission, after public hearing and approval of the governor, may take such legal action as is necessary to protect those interests, except that, such action shall be limited only to requirements of congressional documents authorizing federal reservoir projects.
(L. 1969 S.B. 245 § 1)
(1) "Department", the department of natural resources;
(2) "Director", the director of the department of natural resources;
(3) "Division", the division of geology and land survey of the department of natural resources;
(4) "Major water user", any person, firm, corporation or the state of Missouri, its agencies or corporations and any other political subdivision of this state, their agencies or corporations, with a water source and equipment necessary to withdraw or divert one hundred thousand gallons or more per day from any stream, river, lake, well, spring or other water source;
(5) "State geologist", the director of the division of geology and land survey of the department of natural resources;
(6) "Water source", any stream, river, lake, well, spring or other water source.
Purpose to develop information for future water resourcemanagement--water usage law applicable to--exemptions.
(L. 1983 H.B. 271 § 1, A.L. 2012 H.B. 1179 )
256.405. The purpose of sections 71.287 and 256.400 to 256.430 is to insure the development of information required for the analysis of certain future water resource management needs. It is intended to provide an important part of the information required in the technical assessment of current and future requirements for the regulation of water use or consumption, or both, on a regional or statewide basis, as may be required. The provisions of sections 71.287 and 256.400 to 256.430 shall not apply to dredging operations or water withdrawn or diverted from farm or other ponds or impoundments of water which collect and hold surface water and which are located upon property owned or leased by the withdrawer or diverter so long as the common law rights of downstream owners are not abridged, but the provisions of sections 71.287 and 256.400 to 256.430 shall apply to water withdrawn or diverted from wells or springs located on property owned by the withdrawer or diverter.
Major water users withdrawing or diverting water required to fileregistration with division, content.
(L. 1983 H.B. 271 § 2)
256.410. 1. No major water user shall withdraw or divert water from any water source without filing an official registration document with the division. The registration document shall set forth:
(1) The name and mailing address of the applicant;
(2) The name, if any, and location of the water source;
(3) The type of water source (such as well, lake or stream);
(4) The point in the water source from which it is proposed to withdraw or divert the water;
(5) The name, location, and acreage of the lands or other application to which such water is to be diverted;
(6) The location and description of the water well, canal, tunnel or pipes and other works or equipment through which the water is to be withdrawn or diverted;
(7) The amount in gallons of water withdrawn or diverted on an average day of operation, and the number of days and the months during the preceding year, when water was diverted;
(8) The total amount in gallons withdrawn or diverted during the preceding year, and the periods of time when such diversion is scheduled during the current year.
The foregoing requirements of this subsection shall not apply to water being pumped from mines and quarries and such water user shall only be required to set forth the quantity pumped from the mine and quarry at each point where it is pumped to the point to discharge and only the name of the stream into which any of the discharge is permitted to flow.
2. Withdrawal or diversion of water by major users may continue during the first calendar year after September 28, 1983, or after the initial date of their operation, at which time a registration document must be filed. The filing period shall extend from January first through March thirty-first. Withdrawal or diversion may continue during the filing period. Location data shall be given in terms of section, township and range.
Nuisance, unregistered diversion of water by major wateruser--injunction--injunction dissolved, when.
(L. 1983 H.B. 271 § 3)
256.415. Any unregistered diversion of water by a major water user is hereby declared to be a nuisance and the director may request the attorney general to file an action in the name of the state for an injunction to stop all water withdrawal or diversion from a water source; provided, however, that any person withdrawing or diverting from a water source may continue to withdraw or divert from that water source while such action is pending. The issuing court shall dissolve the injunction issued under this section when the person files a current registration with the division.
Inspection by state geologist--court order if permission refused.
(L. 1983 H.B. 271 § 4)
256.420. The state geologist or his authorized agent may enter upon the property of any major water user with permission. If permission is not granted, the department may request a court order for the purpose of inspecting any water source or diversion project to determine water levels, quantity of water withdrawn or diverted and consumed.
Division to compile information to determine water needs and usageof state--staff limitation.
(L. 1983 H.B. 271 § 5)
256.425. The division shall compile all information contained in the registration document and shall analyze such information on a periodic basis to assist in the determination of the water usage and water needs of this state. Not more than three persons shall be employed to carry out the provisions of sections 71.287 and 256.400 to 256.430.
Department may accept gifts, grants--law not to be construed tolimit common law water rights.
(L. 1983 H.B. 271 § 6)
256.430. 1. The department may accept gifts, contributions, donations and grants, and use the same for any purpose within the scope of sections 71.287 and 256.400 to 256.430; provided, however, that any federal or state revenue moneys which are provided for the carrying out of sections 71.287 and 256.400 to 256.430 must be appropriated to the department by the general assembly of the state of Missouri in accordance with law.
Southeast Missouri regional water district, limitation on withdrawalor diversion by major water users.
(L. 1983 H.B. 271 §§ 7, 8)
256.433. Notwithstanding any provision of law to the contrary, no major water user shall convey water withdrawn or diverted from within the southeast Missouri regional water district created under section 256.643 when such withdrawal or diversion and subsequent conveyance to a location outside such district unduly interferes with the reasonable and customary activities of a major water user registered under section 256.410 located within such district. If such conveyance occurs, the attorney general or the party or parties affected may file an action for an injunction, however, in no case shall an injunction be issued if the injunction would be detrimental to public health or safety.
Citation of law.
(L. 2012 H.B. 1179)
(L. 1992 S.B. 661 & 620 § 15)
(1) "Director", the director of the department of natural resources;
(2) "Flood control storage", storage space in reservoirs to hold flood waters;
(3) "Plan", a preliminary engineering report describing the water resource project;
(4) "Public water supply", a water supply for agricultural, municipal, industrial or domestic use;
(5) "Sponsor", any political subdivision of the state or any public wholesale water supply district;
(6) "Water resource project", a project containing planning, design, construction, or renovation of:
(a) Public water supply;
(b) Flood control storage; or
(c) Treatment or transmission facilities for public water supply.
Fund created, use of moneys--rulemaking authority.
(L. 1992 S.B. 661 & 620 § 16, A.L. 2016 H.B. 1713 merged with H.B. 1717)
Effective 8-28-16 (H.B. 1717)
*10-14-16 (H.B. 1713), see § 21.250
*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.
256.438. 1. There is hereby established in the state treasury a fund to be known as the "Multipurpose Water Resource Program Fund", which shall consist of all money deposited in such fund from whatever source, whether public or private. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and other moneys earned on such investments shall be credited to the fund. Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund and, accordingly, shall be exempt from the provisions of section 33.080 relating to the transfer of funds to the general revenue funds of the state by the state treasurer.
2. The department of natural resources is hereby granted authority to establish rules by which project sponsors can remit contributions to the fund created under this section. Such contributions shall only be collected from water resource project sponsors who are awarded financial assistance from the fund for water resource projects, as described in sections 256.435 to 256.445. The contributions shall be used for the cost of administering the fund and the provision of financial assistance from the fund as described in sections 256.435 to 256.445.
3. Upon appropriation, the department of natural resources shall use money in the fund created by this section for the purposes of carrying out the provisions of sections 256.435 to 256.445, including, but not limited to, the provision of grants or other financial assistance, and, if such limitations or conditions are imposed, only upon such other limitations or conditions specified in the instrument that appropriates, grants, bequeaths, or otherwise authorizes the transmission of money to the fund.
4. The department of natural resources shall have the authority to promulgate rules to implement this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.
Multipurpose water resource program established, department toadminister--state may participate in water resource project,when.
(L. 2013 H.B. 28 merged with H.B. 650, A.L. 2016 H.B. 1713 merged with H.B. 1717)
Effective 8-28-16 (H.B. 1717)
*10-14-16 (H.B. 1713), see § 21.250
*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.
256.440. In order to ensure adequate, long-term, reliable public water supply, treatment, and transmission facilities, there is hereby established a "Multipurpose Water Resource Program". The program shall be administered by the department of natural resources. The state may participate with a sponsor in the development, construction or renovation of a water resource project if the sponsor has a plan which has been submitted to and approved by the director. Prior to approval, such plan shall include a schedule, proposed by the sponsor, to remit contributions back to the fund created under section 256.438. Any money received by the department of natural resources as a result of its participation with any such sponsor shall be deposited in the multipurpose water resource program fund created under section 256.438.
Plan, content--approval of plan by director--eligibility of projectsto receive contributions, grants or bequests for construction orrenovation costs, limitation.
(L. 1992 S.B. 661 & 620 § 18, A.L. 2016 H.B. 1713 merged with H.B. 1717)
Effective 8-28-16 (H.B. 1717)
*10-14-16 (H.B. 1713), see § 21.250
*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.
256.443. 1. The plan shall include a description of the project, the need for the project, land use and treatment measures to be implemented to protect the project from erosion, siltation and pollution, procedures for water allocation, criteria to be implemented in the event of drought or emergency, and such other information as the director may require to adequately protect the water resource.
2. The director shall only approve a plan upon a determination that long-term reliable public water supply, treatment, or transmission facility is needed in that area of the state, and that such plan will provide a long-term solution to water supply needs. Implementation of approved plans will be eligible for cost-sharing expenses as approved by the state soil and water districts commission incurred for required land treatment practices to implement soil conservation plans.
3. Approved water resource plans and projects shall be eligible to receive any gifts, contributions, grants or bequests from federal, state, private or other sources for engineering, construction or renovation costs associated with such projects, except that no proceeds from the sales and use tax levied pursuant to Sections 47(a) to 47(c) of Article IV of the State Constitution shall be used for such purposes.
4. Approved water resource projects may be granted funds from, and remit contributions to, the multipurpose water resource program fund pursuant to section 256.438.
Political subdivision, with sponsor's plan approved, submit to votersballot to incur debt, issue bonds, levy and collect taxes--bonds,procedure to issue--rate of tax--how calculated--collection.
(L. 1992 S.B. 661 & 620 § 19, A.L. 2016 H.B. 1713 merged with H.B. 1717)
Effective 8-28-16 (H.B. 1717)
*10-14-16 (H.B. 1713), see § 21.250
*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.
256.445. 1. Any political subdivision which contains a sponsor which has submitted a plan which has been approved by the director pursuant to sections 256.435 to 256.445 may submit to the qualified voters of the political subdivision the following question:
Shall the political subdivision of ............... (name of political subdivision) incur indebtedness and issue general obligation bonds to pay for all or part of the costs of establishing and maintaining a water resource project with the political subdivision, the cost of all indebtedness so incurred to be assessed by the governing body of ................ (name of political subdivision) on property within the political subdivision?
[ ] YES [ ] NO
2. If it appears that the required percentage of the voters of such political subdivision voting on the proposition of incurring indebtedness submitted at the election were in favor of incurring such indebtedness, the election authority shall make an order reciting the holding of such election and the results thereof, both for and against the proposition, and if the result of the election as certified shall be in favor of incurring the indebtedness and issuing the bonds, then the governing body of the political subdivision shall direct the issuance thereof to the amount of the debt authorized to be incurred, or any portion thereof, and shall either before or at the time of doing so provide for the collection of an annual ad valorem tax upon all of the taxable property within the political subdivision, which tax shall be sufficient to pay the interest on such indebtedness as it falls due and also to create a sinking fund for the payment of the principal thereof within twenty years from the date of contracting the same, such tax to be levied and collected as provided for in chapter 137.
3. The governing body of the political subdivision shall have no power to levy or collect any taxes for the payment of any indebtedness incurred by the political subdivision pursuant to this section unless and until the voters of the political subdivision shall have authorized the incurring of indebtedness at an election, but all such expenses and indebtedness incurred by the political subdivision may be paid out of funds which may be received by the political subdivision from the sale of bonds authorized by the voters at any such election.
4. Such bonds shall be issued in denominations of one hundred dollars or some multiple thereof; shall be payable to bearer, not later than twenty years from their date; shall bear interest from their date at a rate not exceeding six percent per annum, payable annually or semiannually; such interest payments to be evidenced by annexed coupons, and such bonds shall not be sold for less than ninety-five percent of the face value thereof and together with existing indebtedness of the political subdivision, if any, shall not exceed in the aggregate five percent of the value of all of the taxable property in the political subdivision to be ascertained by the assessment next before the last assessment for state and county purposes previous to the incurring of such indebtedness.
5. Such bonds shall be signed by the presiding officer of the governing body of the political subdivision attested by the signature of the secretary of the governing body with the seal of the political subdivision affixed thereto. The bonds may be sold under the same conditions as are provided for the sale of county road bonds.
6. All bonds issued under this section shall be registered in the office of the state auditor as provided by law for the registration of bonds of cities and in the office of the governing body of the political subdivision in a book kept for that purpose for registry, shall show the number, date, amount, date of sale, name of the purchaser and the amount for which the bond was sold.
7. The governing body of the political subdivision wherein such project is situate shall certify the amount of money that will be required during the next succeeding year to pay interest falling due on bonds issued and the principal of bonds maturing in such year, and the amount necessary to cover the estimated expenses of maintaining such project in good condition. The governing body shall, at the time it makes the levy for other taxes, by order made, levy such a rate of taxes upon all the taxable property in the political subdivision as will produce a sum of money sufficient for the purposes of the water resource project; provided, that the governing body shall have no authority to levy such tax until the voters of the political subdivision shall have voted to incur an indebtedness under the provisions of this section.
8. On such order being made it shall be the duty of the governing body to cause such rate of taxation to be extended upon the tax books against all the taxable property in the political subdivision and the same shall be collected and remitted to the governing board of the water project by the collector of the revenue of the political subdivision at the time, in the manner, and by the same means as state, county, school and other taxes are collected and remitted. All of the laws, rights and remedies provided by the laws of this state for the collection of state, county, school and other taxes shall be applicable to the collection of taxes herein authorized to be collected.
9. All taxes levied pursuant to this section shall be based upon the assessed valuation of lands and other property in the political subdivision in accordance with the current record of the assessed valuations of all taxable property within the political subdivision as may be determined by the records in the assessor's office of the political subdivision and such tax shall be prorated and an equal amount levied upon each one hundred dollars assessed valuation.
(L. 1992 S.B. 661 & 620 § 20)
256.447. The department of natural resources may adopt rules and regulations necessary to implement the provisions of sections 256.437 to 256.445. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.
Citation of law.
(L. 2016 H.B. 1713 merged with H.B. 1717)
Effective 8-28-16 (H.B. 1717)
*10-14-16 (H.B. 1713), see § 21.250
*H.B. 1713 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.
(L. 1994 S.B. 649)
(1) "Board of geologist registration" or "board", the board of geologist registration created in section 256.459;
(2) "Certificate of registration", a license issued by the board of geologist registration granting its licensee the privilege to conduct geologic work and make interpretations, reports, and other actions in accordance with the provisions of sections 256.450 to 256.483;
(3) "Division", the division of professional registration;
(4) "Geologist", a person who has met or exceeded the minimum geological educational requirements and who can interpret and apply geologic data, principles, and concepts and who can conduct field or laboratory geological investigations;
(5) "Geologist-registrant in-training", a person who meets the requirements of subsection 7 of section 256.468;
(6) "Geology", that profession based on the investigation and interpretation of the earth, including bedrock, overburden, groundwater and other liquids, minerals, gases, and the history of the earth and its life;
(7) "Practice of geology", the practice of or the offer to practice geology for others, such practice including, but not limited to, geological investigations to describe and interpret the natural processes acting on earth materials, including gases and fluids; predicting and interpreting mineral distribution, value, and production; predicting and interpreting geologic factors affecting planning, design, construction, and maintenance of engineered facilities such as waste disposal sites or dams; and the teaching of the science of geology;
(8) "Public health, safety and welfare" shall include the following: protection of groundwater; buildings and other construction projects including dams, highways and foundations; waste disposal or causes of waste pollution including human, animal, and other wastes including radionuclides; stability of the earth's surface such as could be affected by earthquakes, landslides, or collapse; the depth, casing, grouting, and other recommendations for the construction of wells or other borings into earth that intersect one or more aquifers; and excavation into the earth's materials where stability or other factors are at risk. "Public health, safety, and welfare" does not refer to geologic work conducted to determine mineral resources or other resources as could be available for various uses, teaching, or basic geologic work including making geologic maps, cross sections, stratigraphic determinations, and associated reports or other presentations;
(9) "Qualified geologist" or "professional geologist", a geologist who satisfies the educational requirements of subsection 2 of section 256.468 and who has at least three years of experience in the practice of geology subsequent to satisfying such educational requirements;
(10) "Registered geologist", a geologist who has met the qualifications established by the board and has been issued a certificate of registration by the board of geologist registration;
(11) "Responsible charge of work", the independent control and direction of geological work or the supervision of such work pertaining to the practice of geology;
(12) "Specialty", a branch of geologic study and work such as engineering geology, environmental geology, hydrogeology, mineral resources, and other related work requiring geologic education and experience.
Geology work to be performed under supervision of registeredgeologist, when--reports, supervised by registeredgeologist--prohibited designations, when--penalty.
(L. 1994 S.B. 649, A.L. 1997 S.B. 320, A.L. 2008 S.B. 788)
256.456. 1. Except as provided in section 256.471, no person, firm, or corporation shall engage in the practice of geology affecting public health, safety and welfare unless the work is performed by or under the supervision of a registered geologist. All work so performed shall be signed and sealed by the registered geologist in responsible charge.
2. No person shall prepare any geologic report or geologic portion of a report required by or supporting compliance with municipal, county, state, or federal laws, orders, ordinances or regulations which incorporates or is based on a geologic study or on geologic data unless the geologic report or geologic portion of the report is prepared by or under the supervision of a registered geologist as evidenced by the registered geologist's signature and seal.
3. No person who is not registered by the board to perform geologic work in Missouri may use the designation of "registered geologist".
4. No person who is not recognized by the board as geologist-registrant in-training may use the designation of "geologist-registrant in-training".
5. Any person who violates any provision of this section shall be guilty of a class B misdemeanor.
Board of geologist registration created--members, qualifications,appointment--public members--terms--bond not required--attorneygeneral to represent board--expenses, reimbursement, compensation,rules authorized.
(L. 1994 S.B. 649)
256.459. 1. The "Board of Geologist Registration" is hereby created to administer the provisions of sections 256.450 to 256.483. The official domicile of the board of geologist registration is the division of professional registration. The division shall provide necessary staff support services, but all administrative costs of board operation shall be paid, upon appropriation, by moneys in the board of geologist registration fund created in section 256.465.
2. The board shall be composed of eight members, seven of whom shall be voting members appointed by the governor with the advice and consent of the senate. The state geologist shall serve as "ex officio" nonvoting member.
3. Five of the appointed members shall be registered geologists, except that this requirement shall not apply for the initially appointed geologist members. Four members shall be chosen to represent experience in different geologic specialties. The fifth member shall be a geologist employed by the state or a city or county. The initially appointed geologist members must be eligible for registration pursuant to sections 256.450 to 256.483 and must be registered pursuant to sections 256.450 to 256.483 within twelve months following appointment to the board to maintain eligibility as a member of the board.
4. Two of the appointed members shall be public members. Each public member shall, at the time of appointment, be a citizen of the United States, a resident of Missouri for at least three years immediately preceding appointment, a registered voter, a person who is not and never was a member of any profession licensed or regulated pursuant to this chapter or the spouse of such person and a person who does not have and never has had a material, financial interest in either the providing of professional services regulated by this chapter or any activity or organization directly related to any profession licensed or regulated pursuant to this chapter. The duties of the public members shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure.
5. Each geologist member of the board shall be a citizen of the United States and shall have been a resident of Missouri for at least three years immediately preceding appointment.
6. Appointed members of the board shall serve terms of three years except that two of the first appointed members shall be appointed to one-year terms and two of the first appointed members shall be appointed to two-year terms. Members shall hold office until the expiration of the terms for which they were appointed and until their successors have been appointed and duly qualified unless removed for cause by the governor. No person may serve more than two consecutive terms.
7. The board shall not be required to give any appeal bond in any cause arising under application of sections 256.450 to 256.483. The attorney general shall represent the board in all actions and proceedings to enforce the provisions of sections 256.450 to 256.483.
8. Notwithstanding any other provision of law to the contrary, any appointed member of the board shall receive as compensation an amount established by the director of the division of professional registration not to exceed seventy dollars per day for board business plus actual and necessary expenses. The director of the division of professional registration shall establish by rule guidelines for payment.
Meetings of board--officers--rules--examinations, preparationof--certificates of registration, issuance of, code of professionalconduct--suspension, revocation of certificate, when--specialtyfields, board may recognize.
(L. 1994 S.B. 649, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)
256.462. 1. The board shall meet within forty-five days after appointment of its initial members. The board shall hold at least four regular meetings each year. Special meetings shall be held at such times as the rules of the board may provide and in accordance with notice requirements thereof.
2. The board shall elect annually from its own membership a chair, vice chair, and secretary-treasurer, none of whom shall hold that office for more than two consecutive one-year terms, and the director of the division of professional registration shall be the executive secretary to assist the board in carrying out its duties and responsibilities.
4. The board shall prepare, administer, and grade or supervise the preparation, administering, and grading of oral and written examinations as required to administer and enforce sections 256.450 to 256.483. The board may adopt or recognize, in part or in whole, examinations prepared, administered, or graded by other organizations, on a regional or national basis, which the board determines are appropriate to measure the qualifications of an applicant for registration as a geologist in Missouri, provided that the individual's examination records are available to the board.
5. The board shall issue certificates of registration and shall renew and reissue certificates as provided in sections 256.450 to 256.483. The board may upon reissuing and renewal require the applicant to provide evidence of continued competence in the practice of geology.
6. The board shall promulgate, by rule, and issue a code of professional conduct for registered geologists. The board may suspend, revoke or refuse issuance or renewal of registration for any registered geologist who is found in violation of the code of professional conduct.
7. The board may refuse issuance or renewal of or suspend or revoke any certificate, and impose sanctions including restrictions on the practice of any individual geologist registered in Missouri for violations of sections 256.450 to 256.483 or the rules promulgated thereunder.
10. The board may enter into agreements with licensor organizations of other states having official registration responsibilities for the purposes of developing uniform standards for registration of geologists including education, examinations, and other procedures for the purposes of developing and entering into registration reciprocity agreements. All such agreements shall be in accordance with the provisions of sections 256.450 to 256.483.
11. The board may recognize and establish, by rule, specialty fields of geologic practice and establish qualifications, conduct examinations, and issue certificates of registration in such specialties to qualified applicants.
Fund, established--fees to be set by board, limit.
(L. 1994 S.B. 649)
256.465. 1. There is hereby created in the state treasury "The Board of Geologist Registration Fund".
2. The board shall establish, by rule, fees to be charged for applications, examinations, certification and certification renewal. The fees shall be set at an amount which shall not be more than that required to administer sections 256.450 to 256.483. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.
Application for certification, contents, requirements--examinationrequired--geologist-registrant in-training, designation--board,powers and duties.
(L. 1994 S.B. 649, A.L. 2007 H.B. 780)
256.468. 1. An applicant for certification as a registered geologist shall complete and sign a personal data form, prescribed and furnished by the board, and shall provide the appropriate application fee. The personal data of an individual shall be considered confidential information.
2. The applicant shall have graduated from a course of study satisfactory to the board and which includes at least thirty semester or forty-five quarter hours of credit in geology.
3. The applicant shall provide to the board a detailed summary of actual geologic work, documenting that the applicant meets the minimum requirements for registration as a geologist, including a demonstration that the applicant has at least three years of postbaccalaureate experience in the practice of geology.
4. Except as provided in this section, no applicant shall be certified unless he or she shall have passed an examination covering the fundamentals, principles and practices of geology prescribed or accepted by the board.
5. Any person, upon application to the board and demonstration that the person meets the requirements of subsections 1 and 2 of this section and has passed that portion of the professional examination covering the fundamentals of geology, shall be awarded the geologist-registrant in-training certificate. The geologist then may use the title "geologist-registrant in-training" subject to the limitations of sections 256.450 to 256.483.
6. The board shall deny registration to an applicant who fails to satisfy the requirements of this section. The board shall not issue a certificate of registration pending the disposition in this or another state of any complaint alleging a violation of this chapter or the laws, rules, regulations and code of professional conduct applicable to registered geologists and regulated geologic work of which violation the board has notice. An applicant who is denied registration shall be notified in writing within thirty days of the board's decision and the notice shall state the reason for denial of registration. Any person aggrieved by a final decision of the board on an application for registration may appeal that decision to the administrative hearing commission in the manner provided in section 621.120.
7. The board shall issue an appropriate certificate evidencing the issuance of the certificate of registration upon payment of the applicable registration fee to any applicant who has satisfactorily met all the requirements of this section for registration as a geologist. Such certificate shall show the full name of the registrant, shall have a serial number, and shall be dated and signed by an appropriate officer of the board under the seal of the board.
8. The certificate seal shall be prima facie evidence that the person named therein is entitled to all rights and privileges of a registered geologist under sections 256.450 to 256.483 and to practice geology as an individual, firm or corporation while such certificate remains unrevoked or unexpired.
9. The board may issue a certificate of registration to any individual who has made application and provided proof of certification of registration from another state nongovernmental or governmental organization, or country, approved by the board, provided that the registration or licensing requirements are substantially similar to the requirements of this section and the necessary fees have been paid. The board may require, by examination or other procedures, demonstration of competency pertaining to geologic conditions in Missouri.
10. The board shall reissue the certificate of registration of any registrant who, before the expiration date of the certificate and within a period of time and procedures established by the board, submits the required renewal application and fee.
11. The board, by rule, may establish conditions and fees for the reissuing of certificates of registration which have lapsed, expired, or have been suspended or revoked.
12. Registered geologists may purchase from the board, or other approved sources, a seal bearing the registered geologist's name, registration number, and the legend "Registered Geologist".
(L. 1994 S.B. 649, A.L. 1997 S.B. 320, A.L. 2005 S.B. 177)
256.471. 1. Activities which are not regulated by sections 256.450 to 256.483 include work by employees or subordinates of a registered geologist, provided that such work does not include responsible charge of work, and such work is performed under the direct supervision of a registered geologist who shall be responsible for such work.
2. The practice of geology affecting public health, safety, and welfare by officers and employees of the United States, solely as such officers and employees, shall not be regulated by sections 256.450 to 256.483.
3. Work of engineering and other licensed professions including the acquisition of engineering data involving soil, rock, groundwater, and other earth materials and the use of these data for engineering analysis, design, and construction by professional engineers appropriately registered or licensed in Missouri is exempted from the provisions of sections 256.450 to 256.483.
4. Work customarily performed by professionals such as chemists, archaeologists, geographers, speleologists, pedologists, and soil scientists is exempt from the provisions of sections 256.450 to 256.483.
Failure to abide by requirements, board may reprimand.
(L. 1994 S.B. 649, A.L. 1997 S.B. 320)
256.474. A registered person, firm or corporation practicing geology may be reprimanded by the board for failure to abide by the requirements of sections 256.450 to 256.483. The board may impose limitations, conditions or restrictions upon the practice of a geologist-registrant in-training or a registered geologist who is reprimanded under this section.
Prohibited activities, penalties--board to revoke certificate, when.
(L. 1994 S.B. 649)
256.477. 1. No person shall employ fraud or deceit in obtaining the certificate of registration. A violation of this subsection shall be a class B misdemeanor.
3. Any person who uses the seal of a registered geologist, other than the person to whom the seal was issued, shall be guilty of a class B misdemeanor.
4. The board shall revoke the certification of registration for a person convicted of any felony or any crime involving moral turpitude or sentence of imprisonment or probation in lieu thereof; or for any misdemeanor relating to or arising out of the practice of geology affecting public health, safety and welfare.
Complaints, board shall investigate, procedures--board may issueorder, powers--appeal of order or action of board.
(L. 1994 S.B. 649)
256.480. 1. Any person may bring a complaint alleging a violation of sections 256.450 to 256.483 or the rules promulgated thereunder. The board shall investigate all complaints brought to its attention, and in connection therewith may employ investigators, expert witnesses and hearing officers and conduct hearings to determine whether disciplinary action should be taken.
2. A person filing a complaint shall make the complaint in writing, swear to be the person making the charges, and shall file the complaint with the secretary of the board. Any person who reports or provides information to the board in good faith is not subject to an action for civil damages by the board. The board shall hear all charges, except those which the board determines are unfounded or unsupported by the evidence.
3. A copy of the complaint, together with notice setting forth the charge or charges to be heard and the time and place of the hearing, shall be served by the secretary of the board upon any person, firm or corporation against which charges are filed. The complaint shall be conveyed by registered mail to the last known address of the person, firm or corporation subject to the complaint.
4. The board shall have the authority to subpoena witnesses and compel their attendance and to require the production of books, papers, reports, documents, and similar material in connection with any investigation or hearing conducted by the board. Any member of the board may administer oaths or affirm to witnesses appearing before the board. If any witness refuses to obey the subpoena or refuses to testify or to produce evidence as authorized, the board may petition the circuit court to issue such subpoena and compel such attendance and production.
5. If the board determines that a person, firm or corporation is engaged in an act or practice in violation of sections 256.450 to 256.483 or the rules promulgated thereunder, the board may issue a temporary order directing the recipient to cease and desist such act or practice, or directing the recipient to take specified actions necessary to comply with sections 256.450 to 256.483. The recipient of the order may request a hearing on the matter within fifteen days after receipt of the temporary order. The temporary order shall remain in effect until a final order is issued following such hearing, and shall become final after fifteen days, if no hearing is requested. Any person aggrieved by a final order of the board may appeal the order to the administrative hearing commission in the manner provided in section 621.120.
6. If the board determines the activities of a registered geologist present an imminent danger to public health, safety or welfare, the board may issue an order for the immediate and temporary suspension of the geologist's certificate of registration for a period of up to thirty days. Any person whose registration has been suspended under this subsection may request a hearing on the matter within fifteen days after receipt of the order of suspension.
8. Any person aggrieved by a final order or action of the board imposing sanctions or other actions under sections 256.450 to 256.483 may, after exhausting any administrative remedies provided under sections 256.450 to 256.483 and section 621.120, appeal such decision or action as provided in sections 536.100 to 536.140.
Alteration of document prohibited, when, penalty--false evidence ortestimony, penalty--action under expired certificate of registration,penalty.
(L. 1994 S.B. 649)
256.483. 1. Any person, firm or corporation who alters or revises any document, map, or work signed or sealed by a registered geologist, unless such alteration or revision is countersigned and countersealed by a registered geologist, or changes or alters the name or seal of another registered geologist, on any document, map or work; or otherwise impersonates another registered geologist, or presents or attempts to use as his or her own or on his or her own work the certificate of registration or seal of another registered geologist shall be guilty of a class B misdemeanor.
2. Any person who gives false or forged evidence of any kind to the board or to any member thereof in testimony or in written communication, including, but not limited to, evidence provided to falsely obtain a certificate of registration shall be guilty of a class B misdemeanor.
3. Any person who uses a seal or signs any document under a certificate of registration which has expired or has been suspended or revoked shall be guilty of a class B misdemeanor.
Title of law.
(L. 1994 S.B. 649)
(L. 1985 S.B. 281 § 1)
(1) "Abandoned well", a well shall be deemed abandoned which is in such a state of disrepair that continued use for the purpose of thermal recovery or obtaining groundwater is impractical and which has not been in use for a period of two years or more. The term "abandoned well" includes a test hole or a monitoring well which was drilled in the exploration for minerals, or for geological, water quality or hydrologic data from the time that it is no longer used for exploratory purposes and that has not been plugged in accordance with rules and regulations pursuant to sections 256.600 to 256.640;
(2) "Board", the body created in section 256.605;
(3) "Certification report", a form to be sent to the division upon completion of any well which shows the location, static water level, total depth, initial pumpage, hole size, casing size and length, and name of well owner;
(4) "Division", the division of geology and land survey;
(5) "Driller's log", a record accurately kept at the time of drilling showing the depth, thickness, character of the different strata penetrated, location of water-bearing strata, depth, size and character of casing installed, together with any other data or information required on the certification report forms;
(6) "Examination", an assessment of professional competency administered to applicants;
(7) "Heat pump installation contractor", any person, including owner, operator or drilling supervisor who engages for compensation in the drilling, boring, coring, or construction of any well in the state for extracting thermal energy;
(8) "Monitoring well installation contractor", any person, including owner, operator, or drilling supervisor who engages for compensation in the drilling, boring, coring, or construction of any well in this state which is drilled for geologic data, water quality, or hydrologic data;
(9) "Permitted well driller", any person who holds a permit issued pursuant to the provisions of sections 256.600 to 256.640;
(10) "Person", any individual, whether or not connected with a firm, partnership, association, corporation, or any other group or combination acting as a unit;
(11) "Pump installation contractor", any person, firm or corporation engaged in the business of installing or repairing pumps and pumping equipment;
(12) "Registration report", a form to be sent to the division upon completion of plugging of an abandoned well, raising casings, lining wells, deepening of wells, major repairs and alterations, and jetted wells;
(13) "Well", an excavation that is drilled, cored, bored, washed, driven, dug, jetted, trenched, or otherwise constructed when the intended use of such excavation is for the acquisition of groundwater supply, for monitoring, thermal exchange or for exploration for minerals or geologic or hydrologic data; but such term does not include a cistern, an excavation made for the purpose of obtaining or for prospecting for oil or natural gas, or for construction foundation data, dewatering of construction sites or dewatering of existing structures, observation wells used as a part of an underground storage tank leak detection system of a minimal depth, as determined by the board by rule, or for inserting media to repressure oil or natural-gas-bearing formations;
(14) "Well installation contractor", any person, including owner, operator, and drilling supervisor who engages for compensation in the drilling, boring, coring, or construction of any well in this state. The term, however, shall not include any person who drills, bores, cores, or constructs a water well on his own property for his own use or a person who assists in the construction of a water well under the direct supervision of a permitted well installation contractor and is not primarily responsible for drilling operations;
(15) "Well owner", any person or corporation who is the party responsible for having a well drilled and whose name appears on the well registration or certification form.
Well installation boardestablished--membership--terms--qualifications.
(L. 1985 S.B. 281 § 2, A.L. 1991 S.B. 221)
256.605. 1. The "Well Installation Board" is hereby established which shall be composed of nine members. Appointment to the board shall be made without regard to race, creed, sex, religion, or national origin of the appointees. Each member shall be a resident of the state and be conversant in well drilling, completion, and plugging methods and techniques.
2. Four members of the board shall hold valid permits under sections 256.600 to 256.640. Two of these shall hold permits as well installation contractors, one shall hold a permit as a heat pump installation contractor and as a well installation contractor and one shall hold a permit as a monitoring well installation contractor and as a well installation contractor. Four shall be public members, one of these shall be a public water supply district user and one shall be a private well user. The director of the department or his designee shall serve as a member of the board. Board members shall serve four-year terms except that two of the first appointed public members and two of the first appointed members holding valid permits shall be appointed to two-year terms. Members shall be appointed by the governor with the advice and consent of the senate and each shall serve until his successor is duly appointed and qualified. Vacancies shall be filled by appointment for the unexpired term. Any member who fails to attend at least seventy-five percent of the regular board meetings in any one year, at the discretion of the board, shall be deemed to have resigned. Members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties while in attendance at board meetings out of appropriations made for that purpose.
3. A member shall not be employed by or own an interest in a company, firm, or business association which employs another member of the board or in which another member owns an interest, if the company, firm, or business association is engaged in any phase of the well drilling, pump installation, heat pump or monitoring well business.
4. Except for industry members, no member shall receive, or shall have received during the previous two years, income derived directly or indirectly from any permittee or applicant under sections 256.600 to 256.640.
5. The board shall meet on a quarterly basis, and special meetings may be called when deemed necessary by the division. A majority of the board is a quorum for conducting business. The board shall elect a chairman by a majority vote at the first meeting each year.
Rules and regulations--applicants' qualifications.
(L. 1991 S.B. 221)
256.606. 1. The board shall adopt and amend rules and regulations pursuant to chapter 536 which may be reasonably necessary to govern the regulation of the well, the heat pump, monitoring well, and pump installation industry in the state of Missouri.
2. The division with the approval of the board shall prepare examinations and pass upon qualifications of the applicants for permits. The division with the approval of the board may recognize, prepare, or carry out continuing education programs for permittees.
Well installation contractor, permit--heat pump installationcontractor, permit.
(L. 1991 S.B. 221)
256.607. 1. No person may engage in business in this state as a well installation contractor unless he has obtained from the division a permit to conduct such business or businesses.
2. Nothing in sections 256.600 to 256.640 shall prevent a person who has not obtained a permit pursuant to sections 256.600 to 256.640 from constructing a well on his own or leased property intended for use only in a single-family house which is his permanent residence, or intended for use only for farming purposes on his farm, and where the waters to be produced are not intended for use by the public or in any residence other than his own. Such person shall comply with all rules and regulations as to construction of wells adopted under sections 256.600 to 256.640.
3. Any well installation contractor or pump installation contractor acting as the primary contractor in the construction, alteration, major repair or abandonment of any well shall be required to obtain a permit from the division and comply with all rules and regulations promulgated pursuant to sections 256.600 to 256.640.
4. Any heat pump installation contractor or monitoring well installation contractor shall obtain a permit from the division and comply with all rules and regulations pursuant to sections 256.600 to 256.640.
(L. 1985 S.B. 281 § 3, A.L. 1991 S.B. 221)
256.611. The division shall issue a permit as a well installation contractor, heat pump installation contractor, monitoring well contractor or pump installation contractor to any person properly making application therefor, who is not less than eighteen years of age, has a knowledge of rules and regulations adopted under sections 256.600 to 256.640, and has passed the appropriate examination and has supplied proof of adequate experience as specified by rule and regulation.
(L. 1985 S.B. 281 § 4, A.L. 1991 S.B. 221)
256.613. Written examinations shall be designed to test the applicants' knowledge of the principles of well drilling and plugging, the methods of installation of pumping equipment and the rules and regulations promulgated under sections 256.600 to 256.640.
Notice to division, when--forms--registration and certification,fee--encountering gas or oil.
(L. 1991 S.B. 221)
256.614. 1. The division shall be notified, on certification or registration forms to be provided by the division, of the activities specified in this section within sixty days:
(1) Certification forms shall be used to report:
(a) New well construction;
(b) New pump installations;
(c) Drilling of monitoring wells;
(d) Drilling of heat pump wells;
(2) Registration forms shall be used to report:
(a) Plugging of wells;
(b) Raising of casing;
(c) Lining of wells;
(d) Deepening of wells;
(e) Major repairs and alteration to wells;
(f) Jetted well construction;
(3) The certification form shall be accompanied by the certification fee and the registration form shall be accompanied by the registration fee, however, on new well construction and new pump installation, only one fee shall be required.
2. Any well driller who encounters oil or gas during drilling operations or a well owner who converts a well from a water well to an oil or gas well shall notify the division and file for a permit from the Missouri oil and gas council, and the well shall be completed in accordance with the regulations of the council.
Abandoned wells, plugging required--test holes,plugging--confidentiality of information--penalty.
(L. 1985 S.B. 281 § 5, A.L. 1991 S.B. 221)
256.615. 1. Wells abandoned by the landowner after August 28, 1991, shall be plugged or caused to be plugged by the landowner according to the regulations developed pursuant to sections 256.600 to 256.640. If the department makes a finding that certain unusual conditions exist at a well, the department may require that the same be plugged by a permitted well driller.
3. Any information obtained by the department which identifies a test hole or a monitoring well which was drilled in the exploration for minerals shall remain confidential and shall not be released by the division for a period of ten years following the receipt of the information which initially identified the test hole or monitoring well. The person submitting the report or the person for whom the well was drilled may request that such information remain confidential for an additional five years and the division shall grant such request. Any employee of the division who discloses confidential information shall be subject to disciplinary action by the division and is guilty of a class A misdemeanor.
Performance bond or letter of credit may be required--conditions.
(L. 1991 S.B. 221)
256.616. A well installation contractor or pump installation contractor who has had a permit revoked or a person found guilty of a class A misdemeanor in accordance with section 256.637 shall provide to the division a performance bond or letter of credit in order to obtain a permit.
(1) The bond or letter of credit required by this section shall be:
(a) Conditioned upon faithful compliance with the conditions and terms of sections 256.600 to 256.640; and
(b) In such amount as determined by the division to ensure compliance with the procedures, rules and regulations, and standards established pursuant to sections 256.600 to 256.640, but shall not exceed ten thousand dollars or be less than one thousand dollars. When setting the amount, the division shall consider the total number of wells drilled or pumps installed and the average cost of each well drilled or serviced by the applicant;
(2) Such performance bond, placed on file with the director, shall be in one of the following forms:
(a) A performance bond, payable to the director and issued by an institution authorized to issue such bonds in this state; or
(b) An irrevocable letter of credit issued in favor of and payable to the director from a commercial bank or savings and loan having offices in the state of Missouri;
(3) The requirement for a performance bond or a letter of credit by a well installation contractor or pump installation contractor who has had a permit revoked, or a person who has been found guilty of a class A misdemeanor in accordance with section 256.637 shall cease after two consecutive years of well drilling or pump installation in accordance with the provisions of sections 256.600 to 256.640, and any rules or regulations promulgated pursuant to sections 256.600 to 256.640;
(4) Upon a determination by the division that a well contractor or pump installation contractor has failed to meet standards as set out in sections 256.600 to 256.640 and the rules and regulations promulgated thereunder, the division shall notify the well installation contractor or pump installation contractor that the bond or letter of credit will be forfeited and the moneys placed in the groundwater protection fund for remedial action, if that person does not bring the well or borehole up to the standards established pursuant to sections 256.600 to 256.640 within sixty days after notification of such determination has been given;
(5) If a well is not brought up to the standards established pursuant to sections 256.600 to 256.640 within the sixty-day notification period the division may, upon expiration of the notification period, expend whatever portion of the bond or letter of credit is necessary to hire another contractor to bring the well or borehole up to standards or to construct a new well.
Drilling rigs, how marked--rig permits.
(L. 1991 S.B. 221, A.L. 1997 S.B. 342)
256.617. All permitted water well drillers shall see that all rigs used by them or their employees in the water well drilling are marked with legible identification numbers at all times. The identification number to be used on the rigs shall be the permit license number which appears on the driller's permit. The rules and regulations adopted by the division shall set out in detail the specific method and manner for marking the rigs. A separate permit shall be obtained for each rig operated by a permitted water well driller during permit year.
Certain wells exempted from regulation.
(L. 1985 S.B. 281 § 6)
256.620. Except as provided in section 256.615, operational wells in existence on September 28, 1985, shall not be required to conform to the provisions of sections 256.600 to 256.640, or any rules or regulations adopted pursuant thereto unless such wells or pump installations for such wells are determined to present a threat to groundwater.
Surface water tracing, registration required--renewal--documentationrequired.
(L. 1985 S.B. 281 § 7, A.L. 1991 S.B. 221)
256.621. All persons engaged in groundwater or surface water tracing, for any purpose, shall register with the division. This registration shall be renewed annually. The registrant shall report in writing all proposed injections of tracers to the division prior to actual injection. Written and graphical documentation of traces shall be provided to the division within thirty days of completion of each trace. The division shall maintain records of all injections and traces reported and will provide this information to interested parties upon request at the cost of reproduction.
Fees--appeals process for disciplinary action.
(L. 1991 S.B. 221)
256.623. 1. The board shall by rules and regulations establish reasonable and necessary fees for:
(2) Renewal of permits;
(3) Duplicate permits;
(4) Rig permits;
(5) Certification reports;
(6) Registration reports;
(7) Division publications (not to exceed the cost of publication and handling);
(8) Logging of wells;
(9) Examinations; and
(10) Late document submittals.
2. The fees shall be set at a level necessary to produce revenue which shall not substantially exceed the cost and expense of administering sections 256.600 to 256.640. The board shall also by rules and regulations set forth appeal processes for contractors subject to disciplinary action and shall set forth procedures by which any aggrieved party may bring a complaint to the division.
Promulgation of rules and regulations--heat pump coolants,preference.
(L. 1985 S.B. 281 § 8, A.L. 1991 S.B. 221)
256.626. 1. The board shall adopt, amend, and promulgate in the manner provided by law, and enforce rules and regulations pertaining to the construction and abandonment of wells, and the permitting of operators and contractors under sections 256.600 to 256.640.
2. The board shall specify by rule and regulation the types of materials which may be used as a coolant in a heat pump well. Preference shall be given to those coolants which would present the least threat to groundwater if released into the environment. The board shall also specify by rule and regulation those coolants which shall not be used in heat pump wells due to their potentially harmful effects if released into the environment.
Obligation to plug abandoned well, notification--information to befiled, form--inspection, injunction, penalty.
(L. 1985 S.B. 281 § 9, A.L. 1991 S.B. 221)
256.628. 1. A public water supplier subject to the provisions of chapter 640 which connects to any structure or location previously served by any well which is not that of another public water supplier shall notify the well owner of his obligation to plug any abandoned well pursuant to the requirements of sections 256.600 to 256.640. The public water supplier shall not connect any person to the public water system until the person submits information which identifies the location of wells and attests that:
(1) Known abandoned wells on the property have been plugged; or
(2) There are no known abandoned wells on the property; or
(3) Existing wells will remain in use and will be properly plugged when no longer used; or
(4) Any abandoned wells will be plugged within ninety days.
2. The public water supplier shall submit a copy of information so received to the division on forms provided by the division, along with sufficient information to enable the division to locate existing and abandoned wells. The division shall, within a reasonable time, inspect any well identified in subdivision (4) of subsection 1 of this section. If the division determines that an abandoned well has not been plugged, it shall order the owner to have it plugged by a permitted water well installation contractor within thirty days. The division shall immediately seek injunctive relief through the office of the prosecuting attorney of the county wherein the alleged violation occurred to enforce its order and shall notify the appropriate public water supplier who shall terminate water service to the property thirty days after receipt of notice if the well has not been plugged. Any person who fails to plug an abandoned well pursuant to the provisions of this subsection shall, upon conviction, be subject to the penalties specified in section 256.637.
Violations of the law, suspension, revocation--procedure,appeals.
(L. 1991 S.B. 221)
256.630. 1. If the division determines that the holder of any permit issued pursuant to sections 256.600 to 256.640 has violated any provision of sections 256.600 to 256.640, or any rule or regulation adopted pursuant thereto, the division shall reprimand, suspend, place any such permittee on probation or revoke a permit.
2. The division shall cause to have issued and served upon the permittee a written notice of the order or revocation issued under section 256.619 or this section, which notice shall include a copy of the order, shall specify the provision of sections 256.600 to 256.640, or the standard, rule or regulation, order or permit term or condition of which the permittee is alleged to be in violation and a statement of the manner in which the person is alleged to violate sections 256.600 to 256.640, or the standard, rule or regulation, order or permit term or condition. Service may be made upon any person within or without the state by registered or certified mail, return receipt requested. Any person against whom the division issues an order may appeal it by filing a petition with the board within thirty days. The appeal shall stay the enforcement of the order until a final determination is made.
3. After due consideration of the record, or upon default in appearance of the petitioner at any hearing of which he has been given notice by registered or certified mail, the board shall issue and enter such final order, or make such final determination as it deems appropriate under the circumstances. The board may sustain, reverse or modify the division's order or may make such other orders as it deems appropriate under the circumstances. It shall notify the petitioner or respondent thereof in writing by certified or registered mail.
4. Any affected person aggrieved by an action of the division may appeal to the board. At any public hearing all testimony taken before the board, or a hearing officer appointed by the board, shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any person upon payment of a fee equal to the cost of reproduction. All final orders and determinations of the board or the division made pursuant to the provisions of sections 256.600 to 256.640 are subject to judicial review pursuant to the provisions of section 536.100. Any person who has exhausted all administrative remedies provided by chapter 536 and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review in the form of a trial de novo in the circuit court of the county wherein the alleged impropriety occurred.
Injunctions--attorney general to represent division.
(L. 1985 S.B. 281 § 10, A.L. 1991 S.B. 221)
256.633. The division may petition a court of competent jurisdiction for injunctions or other appropriate relief to enforce the provisions of sections 256.600 to 256.640. The attorney general shall represent the division when requested to do so.
Audit of division--groundwater protection fund, purpose.
(L. 1985 S.B. 281 § 11)
2. All money collected by the division under the provisions of sections 256.600 to 256.640 shall be deposited in the state treasury to the credit of a special fund hereby established to be known as the "Groundwater Protection Fund". Moneys in the fund shall be expended only for the purposes of administering sections 256.600 to 256.640. Notwithstanding the provisions of section 33.080, any balance remaining in the fund at the end of an appropriation period shall not be transferred to general revenue, except that should there be a balance remaining in the fund at the end of an appropriation period exceeding one-half of the next year's projected operating budget for administration of sections 256.600 to 256.640, the amount exceeding one-half of the next year's projected budget shall be transferred to the general revenue fund.
3. Any balance in the water well drillers' fund on August 28, 1997, shall be transferred to the groundwater protection fund on that date, and following such transfer, the water well drillers' fund shall be abolished.
Violations of law, civil and criminal penalties.
(L. 1985 S.B. 281 § 12, A.L. 1997 S.B. 342)
2. In the event of a continuing violation, each day that the violation continues shall constitute a separate and distinct offense.
4. Any well owner who knowingly causes or permits a hazardous or potentially hazardous condition to exist which could cause deterioration of groundwater quality in the system, even in a local area, shall forfeit his right to an approved, certified well. He shall also be liable to legal action by the state and any neighboring well owners should the condition endanger the groundwater in surrounding areas. If the division finds that such conditions exist, it shall order the well owner to plug the well.
5. Upon receipt of a complaint filed with the division alleging that any provision of sections 256.600 to 256.640, or any standard, rule or regulation promulgated thereto was violated, the division may institute a civil action in the jurisdiction where the well is located for injunctive relief through the office of the prosecuting attorney of the county wherein the alleged violation occurred to prevent such violation or further violation, or for the assessment of a civil penalty not to exceed five hundred dollars per day for each day, or part thereof, the violation occurred and continued to occur, or both, as the court deems proper. For the purpose of this section, the filing of a well registration or certification form containing false information shall constitute a violation for each day after notification that such form is on file with the division. Any moneys paid in civil penalties shall be deposited in the groundwater protection fund.
(L. 1985 S.B. 281 § 13, A.L. 1991 S.B. 221, A.L. 1997 S.B. 342)
(L. 1985 S.B. 281 § 14, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
(1) "Irrigation well", any well which is used for the primary purpose of providing water for the irrigation or inundation of crops;
(2) "Qualified voter", an owner of one acre or more of real property.
Southeast Missouri regional water district, certain counties may beincluded--governed by commission.
(L. 1992 S.B. 661 & 620 § 21)
256.643. 1. There is hereby established a public corporation to be known as the "Southeast Missouri Regional Water District". The district may include all or part of the following counties: Scott, Mississippi, Stoddard, Butler, New Madrid, Pemiscot and Dunklin.
2. The southeast Missouri regional water district shall be governed by a commission comprised of one person from each county in the district.
Counties to adopt plan to set boundaries of district--meetingof landowners--notice requirement.
(L. 1992 S.B. 661 & 620 § 22 subsecs. 1, 2)
256.645. Within thirty days of August 28, 1992, the governing body of each county listed in section 256.643 shall adopt a plan for the county establishing the precise boundary of that portion of the county to be included in the district. The governing body of each county adopting a plan shall direct the clerk of the county court to call a meeting of the owners of real estate of one acre or more per parcel situated in that county. Notice shall be given by publication once a week for three consecutive weeks in some newspaper of general circulation in the county at least ten days before the day of the meeting. The notice shall specify the meeting day, time, and place in the county; and that the purpose of the meeting is to determine whether the qualified voters wish to become a part of the district, and if so, to elect commissioners.
Qualified voters to elect chairman and secretary--vote to become partof district and to select one commissioner, elections procedure.
(L. 1992 S.B. 661 & 620 § 22 subsec. 3)
256.647. 1. The qualified voters in each county shall organize by electing a chairman and secretary of the meeting, who shall conduct elections for the following purposes:
(1) To determine whether a majority of the qualified votes have been cast in favor of becoming a part of the district; and
(2) If a majority of the qualified votes have been cast in favor of becoming a part of the district, then to select one commissioner of the district.
2. All elections conducted pursuant to subsection 1 of this section shall be conducted as follows: Each one acre of land which is assessed agricultural within the established boundary lines in the county shall represent one share, and each qualified voter shall be entitled to one vote by person or proxy for each one acre of land owned by such person within such boundary lines.
Counties not joining may subsequently join, procedure--commissioners'qualifications.
(L. 1992 S.B. 661 & 620 § 22 subsecs. 4, 5)
256.649. Counties listed in section 256.643 which do not join the district pursuant to the provisions of sections 256.645 and 256.647 may subsequently join the district if the governing body of such county, after obtaining approval from the district commission, adopts an order declaring that the county shall join the district and establishing the precise boundary of the district within the county and if, after submitting the question of joining the district to the qualified voters of the county to be included in the district, a majority of such votes cast on the question favor joining the district. Such vote shall be conducted at an organizational meeting conducted pursuant to subsection 1 of section 256.647. Following the approval of the question favoring joining the district, the qualified voters of the county shall elect one commissioner to the commission to serve a term of office of six years as provided in subdivision (2) of subsection 1 of section 256.647. Candidates for election to the commission shall be citizens of the United States, voters within the county for one year next preceding the election, and at least thirty years of age.
Meeting of commission, location--terms of office, howdetermined--vacancies--per diem--oath.
(L. 1992 S.B. 661 & 620 § 22 subsec. 6)
256.651. 1. The commission shall meet in the county containing the largest proportion of the area of the district within three weeks of the initial appointment of commissioners from each county which joins the district.
2. Appointed commissioners shall serve until their successors have been duly elected and qualified.
3. The elected commission members shall, at their first meeting, by lot determine the terms of their office, which shall be initially two, four and six years, and six years thereafter, and they shall serve until their successors shall have been elected and qualified. No commissioner shall serve more than two terms, whether partial or full.
4. Vacancies shall be filled by the county commission in the county from which the vacancy occurs for the remainder of an unexpired term. Members of the commission shall receive a per diem for attending commission meetings as set by the commission.
5. Each commission member before entering upon his official duties shall take and subscribe to an oath before an officer authorized by law to administer oaths, that he will honestly, faithfully, and impartially perform the duties devolving upon him in office as a commission member of the district.
President and secretary to be elected, qualifications,terms--commission's powers and duties.
(L. 1992 S.B. 661 & 620 §§ 23, 24)
256.653. 1. The commission members shall, at their first meeting, choose one of their number president of the commission, and elect some suitable person secretary, who shall serve until his successor is appointed and qualified, and who shall be a resident of the county or counties in which the district is situated and may or may not be a member of the commission.
2. The commission may adopt a seal with a suitable device, and shall keep a record of all its proceedings, which shall be open to the inspection of all interested parties.
3. Any action by the commission shall be by majority vote, and each commissioner shall have one vote.
4. The commission shall:
(1) Monitor the quality and quantity of ground and surface water in the district;
(2) Implement a cooperative agreement with the department of natural resources to share information obtained under the provisions of sections 256.614 and 256.615 and any other information under sections 256.600 to 256.637 applicable to the collection of any fees established by the commission under section 256.655. Any information obtained by the department which identifies a test hole or a monitoring irrigation well which was drilled in the exploration of minerals shall remain confidential and shall not be released by the department to the commission;
(3) Require all water users in the district with irrigation wells measuring six inches or greater in diameter to annually report usage and number and location of irrigation wells. The department of natural resources shall provide, to the district, copies of water usage and irrigation well location reports received under the drinking water program, chapter 640 or section 256.410, from all users within the district within fifteen working days of receipt of such reports;
(4) Review and comment on the state water plan and any revisions thereto;
(5) Develop water management plans for the district in consultation with the department of natural resources and the state water plan advisory board, after public notice and hearings thereon.
5. The commission may:
(1) Hold such other hearings as may be necessary;
(2) Classify ground and surface water consistent with any classification system employed by the department of natural resources or any other recognized classification system approved by the commission;
(3) Initiate water studies in the district;
(4) Establish criteria for evaluating the need for irrigation well spacing requirements, criteria for assessing water quality and recommendations for steps to be taken if water quality or quantity deteriorates or if water quality or quantity is threatened;
(5) Contract with public and private entities;
(6) Accept grants and other funds and budget for same;
(7) Adopt rules after public notice and hearings thereon;
(8) Represent the district before state and federal agencies.
Fees may be established for persons owning irrigationwells--qualification, limitation--to raise fee must submit tovoters.
(L. 1992 S.B. 661 & 620 §§ 25, 26, A.L. 1993 H.B. 482)
256.655. 1. The commission may establish annual fees to be paid by persons owning irrigation wells which measure six inches in diameter or greater. Such fee may not exceed five dollars per well without prior approval of the qualified voters as provided for in sections 256.643 to 256.660. The commission may propose to raise the fee to an amount not to exceed twenty-five dollars per well. The fee shall be raised to such amount upon approval by at least two-thirds of those voting on the question in the district. The fee shall be set by the commission in an amount necessary to produce revenue reasonably required to implement the provisions of sections 256.643 to 256.660 and shall be based upon the number of irrigation wells owned, water usage, size of the irrigation well or any combination thereof, adopted by the commission.
2. Each owner of a new irrigation well drilled which is an irrigation well measuring six inches in diameter or greater shall pay a fee to the commission of fifteen dollars for each new irrigation well drilled and each owner of an irrigation well measuring six inches in diameter or greater which is plugged under this chapter shall pay a fee to the commission of fifteen dollars.
3. The commission shall meet at least quarterly and upon the call of the president or any three members of the commission.
4. The fees authorized under this section shall not apply to any political subdivision or special district of the state.
Secretary of commission to serve as treasurer--salary, expenses, staffand equipment--bond requirement--deposit of funds--duties--annualaudit--report--warrants, form.
(L. 1992 S.B. 661 & 620 § 27, A.L. 1993 H.B. 482)
256.657. 1. The secretary of the commission shall hold the office of treasurer of such district and he shall receive and receipt for all moneys collected or obtained by the commission.
2. The secretary may receive a salary, payable monthly, such as the commission may fix, as well as all necessary expenses. The commission shall furnish the secretary the necessary office room, furniture, stationery, maps, plats, typewriter and postage, which office shall be in the county, or one of the counties, in which such district is situated, and the district records shall be kept in such office.
3. The secretary may appoint, by and with the advice and consent of the commission, one or more deputies as may be necessary, whose salary or salaries and necessary expenses shall be paid by the district.
4. The secretary shall give bond in such amount as shall be fixed by the commission, conditioned that he will account for and pay out, as provided by law, all moneys received by him from any source, which bond shall be signed by at least two sureties, approved and accepted by the commission, and the bond shall be in addition to the bond for the proceeds of sales of bonds. The bond of the secretary may, if the commission shall so direct, be furnished by a surety or bonding company, which shall be approved by the commission. Bond shall be placed and remain in the custody of the president of the commission, and shall be kept separate from all papers in custody of the secretary.
5. The secretary shall deposit all funds received by him in some bank, banks or trust company to be designated by the commission. All interest accruing on such funds shall, when paid, be credited to the district.
6. The commission shall have audited the books of the secretary of the district by a certified public accountant each year and make report thereof to the landowners within thirty days thereafter, showing the amount of money received, the amount paid out during such year, and the amount in the treasury at the beginning and end of the year, and file a copy of such statement in the office of the county clerk of each county containing land embraced in the district.
7. The secretary of the district shall pay out funds of the district only on warrants issued by the district, said warrants to be signed by the president of the commission and attested by the signature of the secretary. All warrants shall be in the following form:
$ ..... Fund ........ No. of warrant ........ Secretary of the Regional Water District, state of ......... .
Pay to .......... dollars out of the money in ........... fund of ........... district for ............ .
By order of commission of the Regional Water District.
President of district.
Secretary of district.
Disincorporation of district, procedure.
(L. 1992 S.B. 661 & 620 § 28)
256.660. 1. Disincorporation of the district may be accomplished by a vote therefor on the submission of the question to the qualified voters of the district. The submission is initiated as follows:
(1) When the commission determines the disincorporation is desirable after a hearing on the subject is held, provided that notice of such hearing is made by publication setting a time for the hearing and citing the reasons for the proposed need to disincorporate, and the commission makes its decision for disincorporation within thirty days after the hearing is concluded, and on such decision calls forthwith for a disincorporation election; or
(2) When five percent or more of the qualified voters from each of a majority of the counties within the district petition the commission for a disincorporation election. The determination of the validity of the petition signatures shall be made by the election district of each county. When the election district determines that the petition is valid, the commission shall call a hearing as on its own motion to disincorporate. After the hearing is concluded with no withdrawal of the petition as provided for in this section, the commission shall notify the county clerks of all counties in the district, who shall submit the question to the qualified voters of the district.
2. A majority of petitioners on a disincorporation petition may withdraw the petition and thereby terminate the proceedings at any time before the hearing is concluded.
3. The question shall be submitted in substantially the following form:
Shall the Southeast Missouri Regional Water District be disincorporated?
4. A vote of a majority of those voting is required for disincorporation.
5. When disincorporation is voted as provided in this section, the commission shall certify the result to the court, whereupon the court shall appoint a competent person from within the district as receiver. The receiver shall have, under order of the court, such powers and responsibilities, as such would apply to this section, as provided by law for receivers in the liquidation of general and business corporations and shall be considered, for the purpose of sections 256.643 to 256.660, to be an officer of the district. Upon appointment of a receiver by the court, the power and authority of the commissioners of the district to function as the commission of the district ceases, and the offices of commissioners terminate, subject to whatever orders the court may issue for securing the aid of the commissioners in liquidation of the district.
6. When the receiver has closed the affairs and paid all debts of the district, he shall, subject to any further and necessary orders of the court, take action as follows:
(1) Pay to the county commission of each county within the district the money remaining in his hands, on the basis of a pro rata to each county commission as the fees paid from each county to the district in the last full year of district fee collection under the commission relate to the total district fee collection in said year;
(2) File all data, plans and other official records of the district with the clerk of the court, which records shall be matters of public record available to any interested person.
Definitions--geographical information system, publicaccess--community creation of system--fee--licensing of system,factors--construction of law--liability shield.
(L. 1992 S.B. 661 & 620 § 29)
256.670. 1. As used in this section, the following terms mean:
(1) "Community", any municipality as defined in this section;
(2) "Geographical information system", a computerized, spatial coordinate mapping and relational data base technology which:
(a) Captures, assembles, stores, converts, manages, analyzes, amalgamates and records, in the digital mode, all kinds and types of information and data;
(b) Transforms such information and data into intelligence and subsequently;
(c) Retrieves, presents and distributes that intelligence to a user for use in making the intelligent decisions necessary for sound management;
(3) "Municipality", any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county.
2. In the interest of maintaining community governments open and accessible to the public, information gathered by communities for use in a geographical information system, unless properly made a closed record, should be available to the public. However, access to the information in a way by which a person could render the investment of the public in a geographical information system a special benefit to that person, and not to the public, should not be permitted.
3. Any community as defined in this section may create a geographical information system for the community. The scope of the geographical information system shall be determined by the governing body of the community. The method of creation, maintenance, use and distribution of the geographical information system shall be determined by the governing body of the community.
4. The information collected or assimilated by a community for use in a geographical information system shall not be withheld from the public, unless otherwise properly made a closed record of the community as provided by section 610.021. The information collected or assimilated by a community for use in a geographical information system need not be disclosed in a form which may be read or manipulated by computer, absent a license agreement between the community and the person requesting the information.
5. Information collected or assimilated by a community for use in a geographical information system and disclosed in any form, other than in a form which may be read or manipulated by computer, shall be provided for a reasonable fee, as established by section 610.026. A community maintaining a geographical information system shall make maps and other products of the system available to the public. The cost of the map or other product shall not exceed a reasonable fee representing the cost to the community of time, equipment and personnel in the production of the map or other product. A community may license the use of a geographical information system. The cost of licensing a geographical information system may reflect the:
(1) Cost to the community of time, equipment and personnel in the production of the information in a geographical information system or the production of the geographical information system;
(2) Cost to the community of the creation, purchase, or other acquisition of the information in a geographical information system or of the geographical information system; and
(3) Value of the commercial purpose, if any, for which the information in a geographical information system or a geographical information system is to be used.
6. The provisions of this section shall not hinder the daily or routine collection of data, as defined in section 569.093, from the geographical information system by real estate brokers and agents, title collectors, developers, surveyors, utility companies, banks, or mortgage companies, nor shall the provisions allow for the charging of fees for the collection of such data exceeding that allowed pursuant to section 610.026. The provisions of this section, however, shall allow a community maintaining a geographical information system to license and establish costs for the use of the system's computer program and computer software, as defined in section 569.093.
7. A community distributing information used in a geographical information system or distributing a geographical information system shall not be liable for any damages which may arise from any error which may exist in the information or the geographical information system.
Surface mining, fee--director to require fee, when--amount offee--expiration date--rulemaking authority.
(L. 1995 H.B. 452, et al. § 3)
256.700. 1. Any operator desiring to engage in surface mining who applies for a permit under section 444.772 shall, in addition to all other fees authorized under such section, annually submit a geologic resources fee. Such fee shall be deposited in the geologic resources fund established and expended under section 256.705. For any operator of a gravel mining operation where the annual tonnage of gravel mined by such operator is less than five thousand tons, there shall be no fee under this section.
2. The director of the department of natural resources may require a geologic resources fee for each permit not to exceed one hundred dollars. The director may also require a geologic resources fee for each site listed on a permit not to exceed one hundred dollars for each site. The director may also require a geologic resources fee for each acre permitted by the operator under section 444.772 not to exceed ten dollars per acre. If such fee is assessed, the fee per acre on all acres bonded by a single operator that exceeds a total of three hundred acres shall be reduced by fifty percent. In no case shall the geologic resources fee portion for any permit issued under section 444.772 be more than three thousand five hundred dollars.
3. Beginning August 28, 2007, the geologic resources fee shall be set at a permit fee of fifty dollars, a site fee of fifty dollars, and an acre fee of six dollars. Fees may be raised as allowed in this subsection by a regulation change promulgated by the director of the department of natural resources. Prior to such a regulation change, the director shall consult the industrial minerals advisory council created under section 256.710 in order to determine the need for such an increase in fees.
5. The department of natural resources may promulgate rules to implement the provisions of sections 256.700 to 256.710. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
Fund created, use of moneys.
(L. 2007 S.B. 54)
2. After appropriation by the general assembly, the money in such fund shall be expended to collect, process, manage, and distribute geologic and hydrologic resource information pertaining to mineral resource potential in order to assist the mineral industry and for no other purpose. Such funds shall be utilized by the division of geology and land survey within the department of natural resources.
3. Any portion of the fund not immediately needed for the purposes authorized shall be invested by the state treasurer as provided by the constitution and laws of this state. All income from such investments shall, unless otherwise prohibited by the constitution of this state, be deposited in the geologic resources fund. The provisions of section 33.080 relating to the transfer of unexpended balances in various funds to the general revenue fund at the end of each biennium shall not apply to funds in the geologic resources fund.
4. General revenue of the state or other state funds may be appropriated or expended for the administration of sections 256.700 to 256.710. The state geologist may enter into a memorandum of understanding or other agreement that allows for state or federal funds to supplement the geologic resources fund.
Industrial minerals advisory council created, members, duties, terms,vacancies.
(L. 2007 S.B. 54)
256.710. 1. There is hereby created an advisory council to the state geologist known as the "Industrial Minerals Advisory Council". The council shall be composed of nine members as follows:
(1) The director of the department of transportation or his or her designee;
(2) Eight representatives of the following industries appointed by the director of the department of natural resources:
(a) Three representing the limestone quarry operators;
(b) One representing the clay mining industry;
(c) One representing the sandstone mining industry;
(d) One representing the sand and gravel mining industry;
(e) One representing the barite mining industry; and
(f) One representing the granite mining industry.
The director of the department of natural resources or his or her designee shall act as chairperson of the council and convene the council as needed.
2. The advisory council shall:
(1) Meet at least once each year;
(2) Annually review with the state geologist the income received and expenditures made under sections 256.700 and 256.705;
(3) Consider all information and advise the director of the department of natural resources in determining the method and amount of fees to be assessed;
(4) In performing its duties under this subsection, represent the best interests of the Missouri mining industry;
(5) Serve in an advisory capacity in all matters pertaining to the administration of this section and section 256.700;
(6) Serve in an advisory capacity in all other matters brought before the council by the director of the department of natural resources.
3. All members of the advisory council, with the exception of the director of the department of transportation or his or her designee who shall serve indefinitely, shall serve for terms of three years and until their successors are duly appointed and qualified; except that, of the members first appointed:
(1) One member who represents the limestone quarry operators, the representative of the clay mining industry, and the representative of the sandstone mining industry shall serve terms of three years;
(2) One member who represents the limestone quarry operators, the representative of the sand and gravel mining industry, and the representative of the barite mining industry shall serve terms of two years; and
(3) One member who represents the limestone quarry operators, and the representative of the granite mining industry shall serve a term of one year.
4. All members shall be residents of this state. Any member may be reappointed.
5. All members shall be reimbursed for reasonable expenses incurred in the performance of their official duties in accordance with the reimbursement policy set by the director. All reimbursements paid under this section shall be paid from fees collected under section 256.700.
6. Every vacancy on the advisory council shall be filled by the director of the department of natural resources. The person selected to fill any such vacancy shall possess the same qualifications required by this section as the member he or she replaces and shall serve until the end of the unexpired term of his or her predecessor.
(L. 2007 S.B. 54)