Effective - 28 Aug 2015
640.115. Information to be furnished — approval of supplies — system changes to conform to rules — permit applications — appeals. — 1. Every municipal corporation, private corporation, company, partnership, federal establishment, state establishment or individual supplying or authorized to supply drinking water to the public within the state shall file with the department of natural resources a certified copy of the plans and surveys of the waterworks with a description of the methods of purification, treatment technology and source from which the supply of water is derived, and no source of supply shall be used without a written permit of approval issued to the continuing operating authority by the department of natural resources, or water dispensed to the public without first obtaining such written permit of approval. Prior to a change of permittee, the current permittee shall notify the department of the proposed change and the department shall perform a permit review.
2. Construction, extension or alteration of a public water system shall be in accordance with the rules and regulations of the safe drinking water commission.
3. Permit applicants shall show, as part of their application, that a permanent organization exists which will serve as the continuing operating authority for the management, operation, replacement, maintenance and modernization of the facility. Such continuing operating authority for all community water systems and nontransient, noncommunity water systems commencing operation after October 1, 1999, shall be required to have and maintain the managerial, technical and financial capacity, as determined by the department, to comply with sections 640.100 to 640.140.
4. Any community water system or nontransient, noncommunity water system against which an administrative order has been issued for significant noncompliance with the federal Safe Drinking Water Act, as amended, sections 640.100 to 640.140 or any rule or regulation promulgated thereunder shall be required to show that a permanent organization exists that serves as the continuing operating authority for the facility and that such continuing operating authority has the managerial, technical and financial capacity to comply with sections 640.100 to 640.140 and regulations promulgated thereunder. If the water system cannot show to the department's satisfaction that such continuing operating authority exists, or if the water system is not making substantial progress toward compliance, the water system's permit may be revoked. The continuing operating authority may appeal such decision to the administrative hearing commission as provided by sections 621.250 and 640.013.
5. Whenever a permit is issued, denied, suspended, or revoked by the department, any aggrieved person, by petition filed with the administrative hearing commission within thirty days of the decision, may appeal such decision as provided by sections 621.250 and 640.013. Once the administrative hearing commission has reviewed the appeal, the administrative hearing commission shall issue a recommended decision to the commission on permit issuance, denial, suspension, or revocation. The commission shall issue its own decision, based on the appeal, for permit issuance, denial, suspension, or revocation. If the commission changes a finding of fact or conclusion of law made by the administrative hearing commission, or modifies or vacates the decision recommended by the administrative hearing commission, it shall issue its own decision, which shall include findings of fact and conclusions of law. The commission shall mail copies of its final decision to the parties to the appeal or their counsel of record. The commission's decision shall be subject to judicial review pursuant to chapter 536, except that the court of appeals district with territorial jurisdiction coextensive with the county where the waterworks is located, or is to be located, shall have original jurisdiction. No judicial review shall be available until and unless all administrative remedies are exhausted.
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(RSMo 1939 § 9753, A. 1949 S.B. 1051, A.L. 1978 S.B. 509 § 192.200, A.L. 1998 H.B. 1161, A.L. 2015 H.B. 92)
Prior revisions: 1929 § 9033; 1919 § 5789
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.