Effective - 28 Aug 2012, 2 histories
640.018. Permit issuance after expiration of statutorily required time frame — engineering plans, specifications and designs — permit application or modification, statement required, use by department. — 1. In any case where the department has not issued a permit or rendered a permit decision by the expiration of a statutorily required time frame for any application for a permit under this chapter or chapters 260, 278, 319, 444, 643, or 644, upon request of the permit applicant, the department shall issue the permit the first day following the expiration of the required time frame, provided all necessary information has been submitted for the application and the department has been in possession of all such information for the duration of the required time frame. This subsection shall be considered in addition to, and not in lieu thereof, any other provision of law regarding consequences of failure by the department to issue a permit or permit decision by the expiration of a required time frame.
2. If engineering plans, specifications, and designs prepared by a registered professional engineer are submitted to the department of natural resources as a part of a permit application or permit modification, the permit application or permit modification shall include a statement that the plans, specifications, and designs were prepared in accordance with the applicable requirements and shall be sealed by the registered professional engineer in accordance with section 327.411, as applicable. The department shall use the complete, sealed engineering plans, specifications, and designs as submitted in addition to permit applications and other relevant information, documents, and materials in developing comments on the engineering submittals and in determining whether to issue or deny permits. The review of documents, plans, specifications, and designs sealed by a registered professional engineer for an applicant shall be conducted by a registered professional engineer or an engineering intern on behalf of the department.
3. The department shall designate supervisory registered professional engineers for permitting purposes under this chapter and chapters 260, 278, 319, 444, 643, and 644. Any permit applicant receiving written comments on an engineering submittal may request a determination from the department's supervisory registered professional engineer as to a final disposition of the department's comments regarding engineering submittals in determining a decision on the permit. The department's supervisory engineer shall inform the permit applicant of a preliminary decision within fifteen days after the permit applicant's request for a determination and shall make a final determination within thirty days of such request.
4. Nothing in this section shall be construed to require plans or other submittals to the department pursuant to an application to come under a general permit or an application for a site-specific permit to be prepared by a registered professional engineer, unless otherwise required under state or federal law.
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(L. 2011 H.B. 89 merged with S.B. 135 § 640.905, A.L. 2012 H.B. 1251)
CROSS REFERENCE:
Nonseverability clause, 640.099
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 640 - Department of Natural Resources
Section 640.030 - Interagency plan, department of natural resources and department of conservation.
Section 640.033 - Department may not adopt certain rules.
Section 640.040 - Cleanup of controlled substance laboratories — rules — fund.
Section 640.065 - Revolving services fund created, use of moneys.
Section 640.075 - Brochures on Thomas Hart Benton murals and capitol art work, publication.
Section 640.090 - Implementation impact report, submitted to whom — criteria.
Section 640.095 - Penalties, imposition of — department duties, procedure.
Section 640.099 - Nonseverability of act.
Section 640.102 - Definitions.
Section 640.110 - Fund established — deposits, disbursements — unexpended balance not transferred.
Section 640.130 - Emergencies — actions to be taken — water systems in violation, penalties.
Section 640.131 - Administrative penalties.
Section 640.135 - Fluoride rules prohibited.
Section 640.136 - Fluoridation modification, notification to department and customers, when.
Section 640.141 - Citation of law — definition of public water system.
Section 640.145 - Report, contents — inapplicability, when.
Section 640.153 - Home energy audits — definitions — certification process.
Section 640.155 - Energy information, defined — confidentiality — penalty for disclosure.
Section 640.157 - Energy center to serve as coordinator of energy sustainability activities, duties.
Section 640.160 - Energy futures fund created, use of moneys.
Section 640.236 - Punitive and exemplary damages, exempt from, when.
Section 640.400 - Citation of law.
Section 640.403 - Definitions.
Section 640.409 - Surface and ground water monitoring program, duties of department, purpose.
Section 640.412 - Inventory to be maintained on ground and surface water uses, quantity and users.
Section 640.418 - Special water protection area, procedure to establish.
Section 640.423 - Designation as protection area removed, when.
Section 640.426 - Report by department annually, content.
Section 640.430 - Interagency task force established, members, meetings.
Section 640.600 - Grants in aid to certain public water supply sewer systems.
Section 640.605 - Purpose of grants.
Section 640.620 - Limitation on grants — exceptions.
Section 640.651 - Definitions.
Section 640.657 - Annual computation of actual energy cost savings.
Section 640.660 - Loan repayment.
Section 640.663 - Record-keeping requirements for borrowers.
Section 640.665 - Energy set-aside program fund.
Section 640.668 - Transfer of funds from industrial/commercial energy conservation loan fund.
Section 640.670 - Transfer of funds from local government energy conservation loan fund.
Section 640.674 - Rulemaking authority, procedure.
Section 640.676 - Public and private partnership agreements.
Section 640.678 - Administration of fund.
Section 640.680 - Administration of program moneys from sources other than appropriations.
Section 640.682 - Revenue bonds, purpose.
Section 640.686 - Form, details and incidents of revenue bonds.
Section 640.700 - Certain sections to apply only to facilities with a flush system.
Section 640.703 - Definitions.
Section 640.710 - Department to regulate facilities — rules — setback — exemption.
Section 640.730 - Facility to have containment structure.
Section 640.735 - Discharge to be reported, when, to whom.
Section 640.747 - Closure, funds to be returned, when.
Section 640.750 - Department to inspect, when.
Section 640.755 - Rulemaking, procedure — clean water commission to administer.
Section 640.758 - Does not apply to livestock markets.
Section 640.760 - Liquified manure, surface applied, required setback.