Missouri Revised Statutes
Chapter 319 - General Safety Requirements
Section 319.100 - Definitions.

Effective - 01 Jan 1999
319.100. Definitions. — As used in sections 319.100 to 319.137, the following terms mean:
(1) "Aboveground storage tank", any one or a combination of tanks, including pipes connected thereto, used to contain an accumulation of petroleum and the volume of which, including the volume of the aboveground pipes connected thereto, is ninety percent or more above the surface of the ground, and is utilized for the sale of products regulated by chapter 414. The term does not include those tanks described in paragraphs (a) to (k) of subdivision (16) of this section or aboveground storage tanks at petroleum pipeline terminals;
(2) "Board", the board of trustees of the petroleum storage tank insurance fund;
(3) "Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;
(4) "Department", the department of natural resources;
(5) "Fund", the petroleum storage tank insurance fund established pursuant to section 319.129;
(6) "Guarantor", any person, other than the owner or the operator, who provides evidence of financial responsibility;
(7) "Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;
(8) "Operator", any person in control of, or having responsibility for, the daily operation of the tank;
(9) "Owner", shall include any person who owned an underground storage tank immediately before the discontinuation of its use if not in use on August 28, 1989, or any person who owns an underground storage tank in use on or after August 28, 1989, and any person who owned an aboveground storage tank that was utilized for the sale of products regulated by chapter 414 immediately before the discontinuation of its use if not in use on August 28, 1996, and any person who owns an aboveground storage tank utilized for the sale of products regulated by chapter 414 in use on or after August 28, 1996. The term does not include any person who, without participating in the management of an aboveground storage tank or underground storage tank or both types of tanks, and otherwise not primarily engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect a security interest in or lien on the tank or the property where the tank is located;
(10) "Participating in management" does not include monitoring the operator's business, acquiring title in lieu of a foreclosure or other agreement in settlement of the operator's or property owner's debt;
(11) "Person", any individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, the state and its political subdivisions, or any interstate body. "Person" also includes any consortium, joint venture, commercial entity, and the government of the United States;
(12) "Petroleum" shall mean gasoline, kerosene, diesel, lubricants and fuel oil;
(13) "Petroleum storage tank", an aboveground storage tank or an underground storage tank used to contain an accumulation of petroleum. The term does not include those tanks described in paragraphs (a) to (k) of subdivision (16) of this section;
(14) "Regulated substance" includes:
(a) Any substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (P.L. 96-510), as amended, but not including any substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended; and
(b) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure, sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute, respectively; and
(c) Any substance adopted by rule in accordance with federal laws referenced by Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (P.L. 96-510);
(15) "Release" includes, but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a petroleum storage tank into groundwater, surface water, or subsurface soils;
(16) "Underground storage tank", any one or combination of tanks, including pipes connected thereto, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground. The department shall adopt, delete or modify exemptions established in this subdivision to any modifications, additions or deletions made by the Environmental Protection Agency. Exemptions from this definition and regulations promulgated under the provisions of sections 319.100 to 319.137 include:
(a) Farm or residential tank of eleven hundred gallons or less used for storing motor fuel for noncommercial purposes;
(b) Tanks used for storing heating oil for consumptive use on the premises where stored;
(c) Septic tanks;
(d) Pipeline facilities, including gathering lines, regulated under:
a. The federal Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481), as amended; or
b. The federal Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129), as amended;
(e) Pipeline facilities regulated under state laws comparable to the provisions of law referred to in paragraph (d) of this subdivision;
(f) Surface impoundments, pits, ponds, or lagoons;
(g) Storm water or wastewater collection systems;
(h) Flow-through process tanks;
(i) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; and
(j) Storage tanks situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; and
(k) Transformers, circuit breakers or other electrical equipment.
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(L. 1989 H.B. 77, et al. § 1, A.L. 1991 S.B. 204, A.L. 1993 S.B. 80, et al., A.L. 1996 S.B. 708, A.L. 1998 S.B. 852 & 913)
Effective 1-01-99

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXI - Public Safety and Morals

Chapter 319 - General Safety Requirements

Section 319.010 - Short title.

Section 319.015 - Definitions.

Section 319.022 - Notification centers, participation requirements and eligibility — names of owners and operators made available, when.

Section 319.024 - Public notice of excavations, duties of owner and operator.

Section 319.025 - Excavator must give notice and obtain information, when, how — notice to notification center, when — clarification of markings, response — permit for highway excavation required.

Section 319.026 - Notice of excavator, form of — written record maintained — incorrect location of facility, duty of excavator — visible markings necessary to continue work — damage, dislocation, or disturbance, notification and reporting requirement...

Section 319.027 - Design requests, how made — marking location required.

Section 319.030 - Notification of location of underground facility, when, how — failure to provide notice of location, effect.

Section 319.031 - Sewer system owner duties upon notification of intent to excavate.

Section 319.033 - Public right-of-way, installation within, requirements.

Section 319.035 - Compliance with law still requires excavation to be made in careful and prudent manner — failure to give notice or mark facilities, rebuttable presumption of negligence.

Section 319.037 - Excavation sites included in requirements — equipment prohibited at such sites.

Section 319.042 - No abrogation of contractual obligations with railroads.

Section 319.045 - Civil penalties — attorney general may bring action and shall make public number of enforcement actions.

Section 319.046 - Arbitration of disputes, when.

Section 319.050 - Exemptions from requirement to obtain information.

Section 319.075 - Citation of law.

Section 319.078 - Definitions.

Section 319.080 - Activities within ten feet of power lines prohibited, exceptions.

Section 319.083 - Special devices and precautions required — costs.

Section 319.085 - Presumption of negligence, when, rebuttable.

Section 319.088 - Exemptions from law.

Section 319.090 - Violations, penalty.

Section 319.100 - Definitions.

Section 319.103 - Tank owners to register with department of natural resources, information required — exceptions — forms — out of service tanks permanently or temporarily, required information and registration — sale of tanks, seller to inform purch...

Section 319.105 - Standards to be developed by department for all new tanks and for upgrading existing tanks — no tanks to be installed until standards established, exceptions.

Section 319.107 - Leak detection system and inventory control system, standards of performance and records, department to establish — owner to be reimbursed for testing and monitoring costs from storage tank insurance fund.

Section 319.109 - Releases and corrective actions to be reported, standards — rules authorized.

Section 319.111 - Closure of tanks, requirements — notice — department to establish.

Section 319.114 - Evidence of financial responsibility required to cover certain damages — rules to be established by department.

Section 319.117 - Information and records to be available to department for inspection, monitoring and testing — certain information to be confidential and not available to the public — department of agriculture to conduct inspections.

Section 319.120 - Certificate of registration required — issued when — term of certificate — application, forms — owner may operate prior to certification until issue or denial.

Section 319.123 - Fee for certification, amount, deposit — underground storage tank regulation program fund established, purpose.

Section 319.125 - Certificate denied or invalidated by department, procedure, grounds.

Section 319.127 - Violations, procedure — penalty, disposition.

Section 319.129 - Petroleum storage tank insurance fund created — fees — state treasurer may deposit funds where, interest credited to fund — administration of fund — board of trustees created, members, meetings — expires when — continuation after ex...

Section 319.130 - Public hearings required, when — training program requirements — record keeping — rulemaking authority.

Section 319.131 - Owners of tanks containing petroleum products may elect to participate — advisory committee, members, duties — applications, content, standards and tests — financial responsibility — deductible — fund not liability of state — defens...

Section 319.132 - Board of trustees to assess surcharge on petroleum products per transport load, exceptions, deposit in fund, refund procedure — rate of surcharge — suspension of fees, when.

Section 319.133 - Annual payments by owners, amount established by rule, limitation — change of ownership, no new fee required — installment payments authorized, when — applicable rules — site assessment required, when.

Section 319.135 - No liability for release of petroleum at direction of coordinator, exception.

Section 319.136 - Tank ineligible for delivery, deposit, or acceptance, when — violation, procedure — red tag to be affixed, when.

Section 319.137 - Rules, authority to adopt federal rules or to provide more stringent rules, when — procedure to promulgate.

Section 319.138 - Fund shall provide moneys for cleanup of petroleum storage tank contamination, when.

Section 319.139 - Administrative penalties, assessment, procedure — rules — payment, appeal — collection.

Section 319.140 - Task force on the petroleum storage tank insurance fund established, members, duties, meetings — expiration date.

Section 319.200 - Notice to cities and counties subject to earthquake to adopt seismic construction and renovation ordinances, when — standards.

Section 319.203 - Ordinance to apply to certain buildings, structures and state leases.

Section 319.205 - Notice to cities and counties required to adopt ordinance, contents.

Section 319.207 - Noncompliance to affect eligibility for state aid, loans, grants — attorney general to bring action to recover.

Section 319.300 - Citation of law — purpose statement.

Section 319.303 - Definitions.

Section 319.306 - Blaster's license required, when — application, contents — fee — qualifications — expiration — documentation required — training required — rulemaking authority.

Section 319.309 - Explosives, use of, calculation of scaled distance to nearest uncontrolled structure required.

Section 319.312 - Ground vibration limits to be followed, when — alternative compliance method — limit on acoustic values from blasting.

Section 319.315 - Retention of seismographic recordings, how long — records to include certain information.

Section 319.318 - Compliance with state and federal law — registration with division of fire safety required — annual report required, fees — audit of records — violations, penalty.

Section 319.321 - Inapplicability of law, when.

Section 319.324 - State blasting safety board created, members, terms, officers, meetings, duties.

Section 319.327 - Duties of the division — enforcement.

Section 319.330 - Missouri explosives safety act administration fund created, use of moneys.

Section 319.333 - Notice of violation, procedure.

Section 319.336 - Grievance procedure.

Section 319.339 - Notification of division prior to use of explosives required — exception.

Section 319.342 - Municipalities to be notified of use of explosives, when, procedure — certain owners and businesses to be notified — ordinances authorized.

Section 319.343 - Inapplicability of prohibition on local preemption, when.

Section 319.345 - Rulemaking authority.

Section 319.500 - Pipelines transporting hazardous liquids to submit periodic reports to department of natural resources — content.

Section 319.503 - Emergencies created by hazardous liquids being transported — powers of director — civil actions, penalties, deposit — no liability for owners, when.