missouri laws

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missouri laws
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



151

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









152

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.





153

21.

MRS 281.090, 281.105.

22.

MRS 269.010-.220.









154


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