Section 644.141

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 644

Effective - 23 Jul 1973, see footnote, highlighted 1    

  644.141.  Designation of special areas by governor — appointment of agency to control — qualification of control agency. — 1.  The governor may designate areas which require special attention under sections 644.006 to 644.141 or any federal water pollution control act because of that area's water quality problems as waste treatment management areas.  When an area is so designated by the governor hereunder, he shall appoint a single representative organization, unless he deems it necessary to appoint a separate planning agency and separate management agencies to execute such separate duties respectively, composed as required under any federal water pollution control act from that area.  Such agencies shall be capable of developing and/or implementing areawide waste treatment plans for the area, and the appointed agencies shall have the following appropriate planning and/or management authority as necessary, subject to approval by the Missouri clean water commission:

  A.  PLANNING AUTHORITY.  (1)  To conduct a planning process to prepare any waste treatment management plans designated by the governor or as required by any federal water pollution control act to be consistent with applicable basin plans and all plans prepared under a statewide continuing planning process but not limited to authority for:

  (a)  The development of all plans and planning processes required by this section, which shall be approved by the Missouri clean water commission, and certified initially and thereafter annually by the governor and submitted to federal agencies as required under any federal water pollution control act;

  (b)  The identification of treatment works necessary to meet the anticipated municipal and industrial waste treatment needs of the area over a twenty-year period, annually updated (including an analysis of alternative waste treatment systems), including any requirements for the acquisition of land for treatment purposes; the necessary waste water collection and urban storm water runoff systems; and a program to provide the necessary financial arrangements for the development of such treatment works;

  (c)  The establishment of construction priorities for such treatment works and time schedules for the initiation and completion of all treatment works;

  (d)  The establishment of a regulatory program to

  (i)  Implement the areawide waste treatment management requirements of Section 201(c) of the Federal Water Pollution Control Act Amendments of 1972;

  (ii)  Regulate the location, modification and construction of any facilities within such area which may result in any discharge in such area; and

  (iii)  Assure that any industrial or commercial wastes discharged into any treatment works in such area meet applicable pretreatment requirements;

  (e)  The identification of those agencies necessary to construct, operate, and maintain all facilities required by the plan and otherwise to carry out the plan;

  (f)  The identification of the measures necessary to carry out the plan (including financing), the period of time necessary to carry out the plan, the costs of carrying out the plan within such time, and the economic, social, and environmental impact of carrying out the plan within such time;

  (g)  A process to

  (i)  Identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, including runoff from manure disposal areas, and from land used for livestock and crop production; and

  (ii)  Set forth procedures and methods, including land use requirements, to control to the extent feasible such sources;

  (h)  A process to

  (i)  Identify, if appropriate, mine related sources of pollution, including new, current, and abandoned surface and underground mine runoff; and

  (ii)  Set forth procedures and methods, including land use requirements, to control to the extent feasible such sources;

  (i)  A process to

  (i)  Identify construction activity related sources of pollution; and

  (ii)  Set forth procedures and methods, including land use requirements, to control to the extent feasible such sources;

  (j)  A process to control the disposition of all residual waste generated in such area which could affect water quality; and

  (k)  A process to control the disposal of pollutants on land or in subsurface excavations within such area to protect ground and surface water quality.

  (2)  Whenever the governor determines that the state water pollution control program requires statewide consistency, he shall prepare those parts of the plan set forth in subparagraphs (f) through (k) above in lieu of the local agencies.

  B.  MANAGEMENT AUTHORITY.  The waste treatment management agencies, designated by the governor after consultation with the correlative planning agency, shall have the following authority:

  (a)  To carry out appropriate portions of an areawide waste treatment management plan developed under subsection 1.A above;

  (b)  To manage effectively waste treatment works and related facilities serving such area in conformance with any plan required by this section;

  (c)  Directly or by contract, to design and construct new works, and to operate and maintain new and existing works as required by any plan developed pursuant to subsection 1.A of this section;

  (d)  To accept and utilize grants, or other funds from any source, for waste treatment management purposes;

  (e)  To raise revenues, including the assessment of waste treatment charges;

  (f)  To incur short- and long-term indebtedness;

  (g)  To assure in implementation of an areawide waste treatment management plan that each participating community pays its proportionate share of treatment costs;

  (h)  To refuse to receive any wastes from any municipality or subdivision thereof which does not comply with any provisions of an approved plan under this section applicable to such area; and

  (i)  To accept for treatment industrial wastes which meet appropriate pretreatment standards.

  C.  INTERSTATE AGENCIES.  When the areas designated hereunder are located in part in other states, the governor may consult and cooperate with the governors of any other state involved to designate the boundaries of the area, and appoint representative organizations capable of developing and implementing an areawide waste treatment management plan for the interstate area.  Any agency formed under this subsection shall have the same authority and composition as that given agencies under subsection 1.A and/or 1.B above as appropriate.

  D.  TERMINATION OF AUTHORITY.  The governor may remove an area from this special designation when he determines its water problems no longer require the special attention provided in this section.  The governor may remove any person appointed to such agencies for cause or designate another agency to carry out the duties of this section.

  2.  The clean water commission shall have all authority set forth in subsections 1.A and 1.B above necessary to accomplish and implement the state's continuing planning process as required by the Federal Water Pollution Control Act.

  3.  The clean water commission shall be the planning agency for all areas of the state not designated by the governor as special attention waste treatment management areas in subsection 1 above and shall have all authority set forth in subsections 1.A and 1.B above as necessary to perform such duties.

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(L. 1973 S.B. 321)

Effective 7-23-73