Section 569.137

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 569

Effective - 01 Jan 2017, see footnote   

  569.137.  Polluting cave or subsurface waters — penalty. — 1.  As used in this section, the following terms mean:

  (1)  "Cave system", the caves in a given area related to each other hydrologically, whether continuous or discontinuous from a single opening;

  (2)  "Sinkhole", a hollow place or depression in the ground in which drainage may collect with an opening therefrom into an underground channel or cave including any subsurface opening that might be bridged by a formation of silt, gravel, humus, or any other material through which percolation into the channel or cave may occur.

  2.  A person commits the offense of polluting cave or subsurface waters if he or she purposely introduces 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 as set forth in chapter 644, or any water quality standard or effluent limitation promulgated pursuant thereto.

  3.  The provisions of this section do not apply:

  (1)  Where natural subsurface drainage systems including, without limitation, caves, cave systems, sinkholes, fissures and related openings are used for purposes of storm water 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; or

  (2)  To vertical or horizontal underground mining operations.

  4.  No additional appropriations may be made for the enforcement of this section.

  5.  The offense of polluting cave or subsurface waters is a class A misdemeanor.

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(L. 1980 H.B. 1192 § 4, A.L. 2014 S.B. 491)

Transferred 2014; formerly 578.215; Effective 1-01-17