Bill Text: MO HB1630 | 2010 | Regular Session | Introduced
Bill Title: Requires residential and commercial septage removal companies to register with the Department of Natural Resources
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Energy and Environment (H) [HB1630 Detail]
Download: Missouri-2010-HB1630-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE VIEBROCK.
4418L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapters 324 and 640, RSMo, by adding thereto four new sections relating to residential and commercial septage pumpers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 324 and 640, RSMo, are amended by adding thereto four new sections, to be known as sections 324.760, 324.763, 324.766, and 640.237, to read as follows:
324.760. As used in this section, the following terms shall mean:
(1) "Commercial septage", materials, such as human excreta and wastewater, including bath and toilet waste, commercial laundry waste, commercial kitchen waste and other similar waste from establishment appurtenances, and wastes removed from a septic tank. Sewage and domestic sewage waste are further categorized as:
(a) "Blackwater", waste carried off by toilets, urinals, and kitchen drains;
(b) "Graywater", all domestic waste not covered in paragraph (a) of this subdivision, including bath, lavatory, laundry, and sink waste;
(2) "Commercial septage pumper", any corporation, limited liability company, partnership, or individual that removes commercial septage from a septic tank for the purpose of further treatment or disposal at another location;
(3) "Department", the department of natural resources;
(4) "Residential septage", materials, such as human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste and other similar waste from household or establishment appurtenances, and wastes removed from a septic tank. Sewage and domestic sewage waste are further categorized as:
(a) "Blackwater", waste carried off by toilets, urinals, and kitchen drains;
(b) "Graywater", all domestic waste not covered in paragraph (a) of this subdivision, including bath, lavatory, laundry, and sink waste;
(5) "Residential septage pumper", any corporation, limited liability company, partnership, or individual that removes residential septage from a septic tank for the purpose of further treatment or disposal at another location.
324.763. 1. (1) All residential or commercial septage pumpers operating in this state shall register with the department. The registration shall be made upon a form furnished by the department; shall include the residential or commercial septage pumper's commercial name, postal and physical addresses, and telephone number; shall include a list of all counties the residential or commercial septage pumper operates or intends to operate in; shall provide the name of the owner or person upon whom process may be served; shall contain a signed statement that all representations in the application are made under oath or affirmation; and shall be accompanied by a fee, set by the department, at an amount sufficient to recover the cost of processing registrations. The department shall register any residential or commercial septage pumper upon submission to the department of a registration form and fee, and shall provide the residential or commercial septage pumper evidence of registration.
(2) The list of counties the residential or commercial septage pumper operates in or intends to operate in, required under subdivision (1) of this subsection, shall not restrict the residential or commercial septage pumper from operating in counties not appearing on the list.
(3) It shall be the duty of the residential or commercial septage pumper to notify the department of any changes in the information provided in the registration form.
2. A registration issued under subsection 1 of this section shall expire after four years, and shall be renewable upon payment of a renewal fee to be set by the department.
3. Any residential or commercial septage pumper operating in this state shall maintain a record of the sites from where the residential or commercial septage has been removed. Upon request, the record shall be made available to the department, the department of health and senior services, or any county health department during the regular business hours at the physical address of the residential or commercial septage pumper. The record shall include the following:
(1) The amount of the residential or commercial septage removed to the best estimate of the residential or commercial septage pumper;
(2) The date or dates the residential or commercial septage pumper removed the residential or commercial septage;
(3) The location where the residential or commercial septage pumper was taken; and
(4) The date the residential or commercial septage was discharged. In the event the residential or commercial septage was discharged to a municipal or private treatment plant, the time of discharge shall be recorded.
4. In the event that any residential or commercial septage was land-applied, the location of the land application shall be tied to an existing permit.
5. Beginning June 1, 2011, and each year thereafter, the department shall provide an updated list of registered residential and commercial septage pumpers to each county health department. The department may comply with this subsection by posting the list on the Internet and giving notice of the posting to each county health department. Such notice may be electronic.
324.766. 1. The department shall promulgate rules necessary for the implementation, administration, and enforcement of sections 324.760 to 324.763. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
640.237. No claim or assessment of any fine or penalty shall be allowed against a publicly owned wastewater treatment works for exceeding the limits of an applicable National Pollution Discharge Elimination System Permit or state law if the excessive discharge was caused by a sewage treatment malfunction due to the publicly owned wastewater treatment works' acceptance of residential or commercial septage from a residential or commercial septage pumper, registered under chapter 324, provided that when the malfunction occurred the publicly owned wastewater treatment works responded in a reasonable manner to prohibit any additional environmental damage. The publicly owned wastewater treatment works shall have the burden of proving that it acted in a reasonable manner. Nothing in this section shall be construed to reduce any reporting requirement to both the Missouri department of natural resources and the Environmental Protection Agency for the plant failure.
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