Effective - 25 Jun 1996
640.710. Department to regulate facilities — rules — setback — exemption. — 1. The department shall promulgate rules regulating the establishment, permitting, design, construction, operation and management of class I facilities. The department shall have the authority and jurisdiction to regulate the establishment, permitting, design, construction, operation and management of any class I facility. Such rules may require monitoring wells on a site-specific basis when, in the determination of the division of geology and land survey, class IA concentrated animal feeding operation lagoons are located in hydrologically sensitive areas where the quality of groundwater may be compromised. Such rules and regulations shall be designed to afford a prudent degree of environmental protection while accommodating modern agricultural practices.
2. Except as provided in subsections 3 and 4 of this section, the department shall require at least but not more than the following buffer distances between the nearest confinement building or lagoon and any public building or occupied residence, except a residence which is owned by the concentrated animal feeding operation or a residence from which a written agreement for operation is obtained:
(1) For concentrated animal feeding operations with at least one thousand animal units, one thousand feet;
(2) For concentrated animal feeding operations with between three thousand and six thousand nine hundred ninety-nine animal units inclusive, two thousand feet; and
(3) For concentrated animal feeding operations of seven thousand or more animal units, three thousand feet.
3. All concentrated animal feeding operations in existence as of June 25, 1996, shall be exempt from the buffer distances prescribed in subsection 2 of this section. Such distances shall not apply to concentrated animal feeding operations which have received a written agreement which has been signed by all affected property owners within the buffer distance.
4. The department may, upon review of the information contained in the site plan including, but not limited to, the prevailing winds, topography and other local environmental factors, authorize a distance which is less than the distance prescribed in subsection 2 of this section. The department's recommendation shall be sent to the governing body of the county in which such site is proposed. The department's authorized buffer distance shall become effective unless the county governing body rejects the department's recommendation by a majority vote at the next meeting of the governing body after the recommendation is received.
5. Nothing in this section shall be construed as restricting local controls.
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(L. 1996 H.B. 1207)
Effective 6-25-96
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.