MISSOURI
Enforceable Provisions Applicable to Nonpoint Source Water Pollution
DISCHARGE PROHIBITIONS
Water Pollution Control Law
Missouri’s water pollution law contains discharge prohibitions that may be
enforced against nonpoint source discharges that cause pollution or result in violations
of water quality standards.
"It is unlawful for any person (1) To cause pollution of any waters of the state
or to place or cause or permit to be placed any water contaminant in a location where it
is reasonably certain to cause pollution of any waters of the state; or (2) To discharge
any water contaminants into any waters of the state which reduce the quality of such
waters below the water quality standards established by the commission if not subject
to effluent regulations...."1 Pollution is defined as "such contamination or other
alteration of the physical, chemical or biological properties of any waters of the state...or
such discharge of any liquid, gaseous, solid, radioactive, or other substance into any
waters of the state as will or is reasonably certain to create a nuisance or render such
waters harmful, detrimental or injurious to public health, safety or welfare, or to
domestic, industrial, agricultural, recreational, or other legitimate beneficial uses, or to
wild animals, birds, fish or other aquatic life."2 Discharge is defined as "the causing or
permitting of one or more water contaminants to enter the waters of the state."3
Enforcement is through administrative penalties up to $10,000 per day, civil
penalties up to $10,000 per day, and criminal prosecution.4
Other Discharge Limitations
Under Missouri’s Solid Waste Management Act, it is unlawful to "(d)ump or
deposit...any solid wastes...into streams, springs, and all bodies of surface or ground
water, whether natural or artificial, within the boundaries of the state...."5 The law lists a
number of exceptions to the prohibition, including: solid waste processing facilities or
solid waste disposal areas that have the required permit; farming operations or
manufacturing operations that use solid wastes in a manner that will not create a public
nuisance; and disposal by an individual of solid wastes resulting from his own
residential activities on property he owns or occupies, in a manner that does not create
a public nuisance.6 Enforcement of this provision is through administrative fines of up
to $1,000 per day, civil penalties not to exceed $1,000 per day, and injunctions.7 Civil
monetary penalties are not available if an administrative penalty has been assessed in
the case.
Missouri statutes also establish public safety offenses and miscellaneous
criminal offenses that potentially address some activities resulting in nonpoint source
pollution. For example: "Whoever willfully or maliciously poisons, defiles or in any
way corrupts the water of a well, spring, brook or reservoir used for domestic or
municipal purposes, or whoever willfully or maliciously diverts, dams up and holds
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back from its natural course and flow any spring, brook or other water supply for
domestic or municipal purposes...shall be adjudged guilty of a misdemeanor...." 8 The
statute further provides that in a civil suit, the offender is liable to injured party for
three times the actual damages sustained.9
In addition, it is a criminal offense to "purposely introduce into any cave, cave
system, sinkhole or subsurface waters of the state any substance or structure that will or
could violate any provision of the Missouri clean water law...or any water quality
standard or effluent limitation promulgated pursuant thereto."10 This provision does
not apply to underground mining operations or to situations where "natural subsurface
drainage systems including, without limitation, caves, cave systems, sinkholes, fissures
and related openings are used for purposes of stormwater drainage, artificial recharge
of aquifers, and irrigation return flow, and where modifications of natural drainage
systems are made for purposes of improving natural drainage relationships."11
Enforcement is through criminal (class A misdemeanor) prosecution.12
Nuisance law may also apply. Missouri’s water pollution law states generally
that "pollution of the waters of this states...creates a public nuisance...."13
Fish/Fisheries Laws
Under Missouri’s fish and game law, it is unlawful "for any person to cause any
deleterious substance to be placed, run or drained into any of the waters of this state in
quantities sufficient to injure, stupefy or kill fish which may inhabit the same at or
below the point where any substance was thrown, run or drained into such waters...."14
This prohibition does not apply to those engaged in industry who discharge water
"under such precautionary measures as have been specifically approved" by the state
conservation commission.15 Enforcement is through criminal (Class A misdemeanor)
prosecution.16
OPERATIONAL REQUIREMENTS
Forestry Requirements
Missouri’s forestry laws do not appear to provide enforceable operating
requirements related to nonpoint source pollution. However, the law includes a tax
incentive program which defines "forest croplands" as lands devoted exclusively to
growing wood and timber and provides that all persons "interested in any way in the
forest croplands or the cutting of crops therefrom...shall comply with and follow such
forest management rules and regulations as required" by the state conservation
commission.17 State regulations establishing requirements for forest croplands provide
that private landowners must ensure that forest land is managed so as to protect the
watershed and prevent damage to tree growth, must not build any structures on the
land, and must not use the land for animal grazing.18 The sanction for failing to comply
with the state rules is cancellation of "forest cropland" status and consequent loss of tax
benefits that accrue with such status.19
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Agriculture Requirements
Under the Missouri Pesticide Use Act, "(n)o person shall discard, transport, or
store any pesticide or pesticide containers in such a manner as to...pollute any
waterway."20 Enforcement of the law is through administrative "stop sale, use or
removal" orders to enjoin future use and through criminal (misdemeanor)
prosecution.21
Missouri regulates the disposal of dead animals; these requirements became
generally applicable in 1992, but were extended to poultry and turkeys in 1995. The law
allows disposal of dead animals at state licensed rendering facilities, in properly
designed animal composters, in approved sanitary landfills, by incineration in a
designed incinerator facility, or by on-site burial (but subject to specific loading rates for
areas with and without major groundwater pollution potential, and subject to setback
distances from wells, surface waters, and neighboring properties). Permits are required
for transport of dead animals, and for operation of substations for the collection of dead
animals. Enforcement includes civil penalties, and misdemeanor sanctions.22
Missouri has CAFO provisions that are similar to federal requirements, but
which establish various subclassifications for regulatory purposes.
Development and Other Land-Disturbing Activities
Other than urban and industrial stormwater programs, and general planning
and zoning authority (which exists only in urban and urbanizing areas) , there appear
to be no specific enforceable nonpoint source requirements relating to land-disturbing
activities.
Endnotes
1.
Mo. Rev. Stat. 644.051, 644.016.
2.
MRS 644.016(9).
3.
MRS 644.016(2).
4.
MRS 644.079, 644.076.
5.
MRS 260.210.
6.
MRS 260.210.
7.
MRS 260.249.
8.
MRS 577.150.
9.
MRS 577.150.
10.
MRS 578.215.
11.
MRS 578.215, 578.220.
12.
MRS 578.225.
13.
MRS 644.011.
14.
MRS 252.210.
15.
MRS 252.210.
16.
MRS 252.230, 252.210.
17.
MRS 254.020, 254.130.
18.
Missouri Code Regs., Tit. 3, 10-2.202.
19.
MRS 254.200.
20.
MRS 281.085.
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21.
MRS 281.090, 281.105.
22.
MRS 269.010-.220.
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