Effective - 28 Aug 1992
640.235. Damages received, use, limit, purpose — additional funds used, when — funds transferred, when, how much. — 1. Damages received pursuant to this act shall be used solely for the following purposes, subject to appropriation: Ten percent of each receipt of natural resources damages shall be deposited in the chemical emergency preparedness fund, established under section 292.607, not to exceed one hundred thousand dollars per year from all receipts of natural resources damages.
2. All remaining moneys received from damages after moneys have been made available for chemical emergency preparedness under subsection 1 of this section shall be deposited in the natural resources protection fund created by the provisions of section 640.220 and, subject to appropriation, shall be used solely for the following purposes:
(1) To pay for restoration or rehabilitation of the injured or destroyed natural resources by the state agency bringing the action for damages;
(2) To pay for the development of or restoration of a natural resource similar to that which was damaged or destroyed;
(3) To provide funds for the department of natural resources and the department of conservation for reasonable costs incurred in obtaining an assessment of such injury, destruction, or loss of natural resources, including expenses.
3. In addition, moneys in this fund may be used in conjunction with other funds, such as the hazardous waste fund created by the provisions of section 260.391, only for the purposes of subdivisions (1), (2) and (3) of subsection 1 of this section, except that sums recovered by the state under the provisions of Title 42, United States Code, part 9607(f), shall be available for use only to restore, replace or acquire the equivalent of such natural resources by the state.
4. Moneys in the subaccount referred to in section 640.220 may be transferred to the conservation commission fund as reimbursement for expenses incurred by the department of conservation in evaluating or rehabilitating natural resource damage and as reimbursement for damages directly attributable to wildlife, fisheries and forestry resources of the state of Missouri and caused by the specific incident for which natural resources damages were received.
5. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the subaccount shall not be transferred to general revenue at the end of each biennium, except that any amount in the subaccount in excess of two million dollars at the end of each biennium may be transferred to general revenue by appropriation.
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(L. 1990 H.B. 1669, A.L. 1992 S.B. 480)
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.