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
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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. 2.
Mo. Rev. Stat. 644.051, 644.016. 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. 22.
MRS 281.090, 281.105. MRS 269.010-.220.
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