Effective - 28 Aug 2013
*644.062. Provisional variances granted, when — procedure. — 1. The director may grant provisional variances whenever it is determined, upon application of adequate proof, that compliance on a short-term basis with the limitations prescribed in sections 644.006 to 644.141, or rule, standard, requirement, limitation, or order of the director adopted thereto due to conditions beyond reasonable control such as extended elevated temperatures or extreme drought conditions will result in an arbitrary or unreasonable hardship that exists solely because of the regulatory requirement in question and the costs of compliance are substantial and certain. If the hardship complained of consists solely of the need for a reasonable delay in which to correct a violation of sections 644.006 to 644.141, or rule, standard, requirement, limitation, or order of the director, the director shall condition the grant of such variance upon the posting of sufficient performance bond or other security to assure the completion of the work covered by the variance. In granting such provisional variance, the director shall consider the hardship imposed by requiring compliance on a short-term basis and adverse impacts that may result from granting the provisional variance. The director shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to those affected by water contaminants emitted by the applicant.
2. Any provisional variance granted by the director under this section shall be for a period not to exceed forty-five days. A provisional variance may be extended by the director up to an additional forty-five days, but in no event longer than ninety days in one calendar year.
3. Any person seeking a provisional variance shall file a petition for a variance with the director describing the conditions or circumstances giving rise to the request for relief. There shall be a two hundred fifty dollar filing fee payable to the state of Missouri with each petition for provisional variance. The director shall promptly investigate the petition and shall take action within fourteen days of the request. If the director denies the petition, the person may initiate a proceeding under section 644.061. The director may condition any provisional variance as sections 644.006 to 644.141, or rule, standard, requirement, limitation or order of the director may require.
4. If the director grants a provisional variance under this section, he or she shall promptly notify the petitioner and shall file a copy of the written decision with the commission. The commission must maintain, for public inspection, copies of all provisional variances filed with it by the director.
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(L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Section 644.006 - Citation of act.
Section 644.011 - Statement of policy.
Section 644.016 - Definitions.
Section 644.018 - Reasonable use defined in cases involving surface water in flood-prone areas.
Section 644.021 - Commission created, members, qualifications, term — meetings.
Section 644.026 - Powers and duties of commission — rules, procedure.
Section 644.029 - New water quality requirements, grandfathering provision.
Section 644.037 - Wetlands impact by nationwide permit, department to certify.
Section 644.038 - Certification of nationwide permit by department, when.
Section 644.041 - Effluent regulations to be promulgated.
Section 644.042 - Losing streams, a rebuttable presumption, how determined.
Section 644.055 - Fees, nonpayment — penalty.
Section 644.057 - Clean water fee structure review, requirements.
Section 644.058 - Water quality standards revised, when — evaluation to be conducted, when.
Section 644.060 - Processed recycled asphalt shingles — use without permit, when.
Section 644.062 - Provisional variances granted, when — procedure.
Section 644.071 - Judicial review authorized.
Section 644.082 - Discharging water contaminants, permit required — violation, penalties.
Section 644.091 - State or its subdivisions not to contract with violator.
Section 644.096 - State or its subdivisions may recover actual damages from violators.
Section 644.101 - Certain drinking water and water pollution projects, state may provide assistance.
Section 644.102 - Matching grants for state revolving loan recipients.
Section 644.106 - State contributions limited — interest, limited — administrative fee allowed.
Section 644.111 - Commission to administer all state funds.
Section 644.117 - Small rural communities to have percentage of funds.
Section 644.121 - Rules and procedures, commission to adopt.
Section 644.123 - Repayment of loans credited to fund — administrative fees, deposit of, uses of.
Section 644.124 - State treasurer authorized to invest moneys of fund.
Section 644.150 - Subdivision defined.
Section 644.200 - Wastewater treatment system upgrades, department duties — analysis of options.
Section 644.500 - Commissioners authorized to borrow $20,000,000 for control of water pollution.
Section 644.507 - Exception to limitations on bond interest rates.
Section 644.508 - Borrowing additional sums, commissioners authority, state credit.
Section 644.509 - Debt authorization.
Section 644.510 - Bonds, how registered.
Section 644.511 - Additional bonds, how registered.
Section 644.515 - Bonds, how sold, deposits — proceeds — expenses of sale, how paid.
Section 644.516 - Additional bonds, how sold, deposits — proceeds — expenses of sale, how paid.
Section 644.520 - Proceeds of sale, how handled.
Section 644.521 - Proceeds of sale of additional bonds, how handled.
Section 644.526 - Investment of water pollution control funds — interest to accrue to fund.
Section 644.530 - Water pollution control bond and interest fund created, how used.
Section 644.531 - Water pollution control bond and interest fund, how used.
Section 644.535 - Water pollution control bond and interest fund, how deposited.
Section 644.540 - Tangible property tax, when levied.
Section 644.541 - Tangible property tax, when levied.
Section 644.551 - Additional bonds, principal and interest, how and when paid — repurchase when.
Section 644.555 - Treasurer to report on bond transactions to general assembly.
Section 644.556 - Treasurer to report on additional bond transactions to general assembly.
Section 644.566 - Commissioners authorized to borrow additional $2,500,000 for improvements.
Section 644.571 - Contingent effective date.
Section 644.572 - Commissioners authorized to borrow additional $10,000,000 for improvements.
Section 644.573 - Commissioners may borrow additional $10,000,000 for improvements.
Section 644.580 - Board may borrow additional $20,000,000 for purposes of storm water control.
Section 644.583 - Board may borrow additional $20,000,000 for purposes of storm water control.
Section 644.586 - Board may borrow additional $20,000,000 for purposes of storm water control.
Section 644.589 - Board may borrow additional $20,000,000 for purposes of storm water control.
Section 644.599 - Board may borrow additional $20,000,000 for purposes of storm water control.