Construction without permit prohibited--denial, appeal,procedure--fee, exemption--natural resources protection fund, airpollution permit fee subaccount--city or county permit granted,effect.
643.075. 1. It shall be unlawful for any person tocommence construction of any air contaminant source in thisstate, without a permit therefor, if such source is of a classfixed by regulation of the commission which requires a permittherefor.
2. Every source required to obtain a construction permitshall make application therefor to the department and shallsubmit therewith such plans and specifications as prescribed byrule. The director shall promptly investigate each applicationand if he determines that the source meets and will meet therequirements of sections 643.010 to 643.190 and the rulespromulgated pursuant thereto, he shall issue a constructionpermit with such conditions as he deems necessary to ensure thatthe source will meet the requirements of sections 643.010 to643.190 and the rules. An application submitted for theconstruction or modification and operation of any regulated aircontaminant source shall receive a unified construction andoperating permit review process under section 643.078, unless theapplicant requests in writing that the construction and operatingpermits be reviewed separately. If the director determines thatthe source does not meet or will not meet the requirements ofsections 643.010 to 643.190 and the rules promulgated pursuantthereto, he shall deny the construction permit.
3. Before issuing a construction permit to build or modifyan air contaminant source the director shall determine if theambient air quality standards in the vicinity of the source arebeing exceeded and shall determine the impact on the ambient airquality standards from the source. The director, in order toeffectuate the purposes of sections 643.010 to 643.190, may denya construction permit if the source will appreciably affect theair quality or the air quality standards are being substantiallyexceeded.
4. The director may require the applicant as a condition tothe issuance of the construction permit to provide and maintainsuch facilities or to conduct such tests as are necessary todetermine the nature, extent, quantity or degree of aircontaminants discharged into the ambient air from the proposedsource.
5. The director shall act within thirty days after arequest for approval of an application for a construction permit.The director shall render a decision to approve or deny aconstruction permit within ninety days of receipt of a completeapplication for a class B source and within one hundredeighty-four days of receipt of a complete application for a classA source. The director shall promptly notify the applicant inwriting of his action and if the construction permit is deniedstate the reasons therefor.
6. Any aggrieved person may appeal any permit decision madeunder this section, including failure to render a decision withinthe time period established in this section. A notice of appealshall be filed with the commission within thirty days of thedirector's action or within thirty days from the date by whichthe decision should have been rendered if the director has failedto act.
7. (1) There shall be a one hundred-dollar filing feepayable to the state of Missouri with each application before aconstruction permit shall be issued. No manufacturing orprocessing plant or operating location or other air contaminantsource shall be required to pay more than one filing fee with aconstruction permit application. The provisions of this sectionshall not apply nor require the issuance of a permit wherein theproposed construction is that of a private residence.
(2) Upon completion of the department's evaluation of theapplication, but before receiving a construction permit, theapplicant shall reimburse the department for all reasonable costsincurred by the department whether or not a construction permitis issued by the department or withdrawn by the applicant. Ifthe department fails to approve or deny a construction permitwithin the time period specified in this section, the applicantshall not be required to reimburse the department for the reviewof the construction permit application. The commission shall, byrule, set the hourly charge, not to exceed the actual costthereof and not to exceed fifty dollars per hour, for review ofeach construction permit application. The commission may exemptany person from payment of the hourly fees under thissubdivision, or may reduce such fees, upon an appeal filed withthe commission by such person stating that the fee will create anunreasonable economic hardship upon such person. The commissionmay conduct a closed meeting and have closed records, as definedin section 610.010, RSMo, for the purpose of gatheringinformation from the person filing an appeal for the exemption.Information obtained in this meeting may be held confidential bythe commission upon the request of the person filing the appealfor exemption. If the fees or any portion of the fees imposed bythis section are not paid within ninety days from the date ofbilling there shall be imposed interest upon the unpaid amount atthe rate of ten percent per annum from the date of billing untilpayment is actually made. A construction permit application fora portable facility may include any site at which the portablefacility is expected to be used; however, a separate site permitapplication shall be required when the portable facility is usedor expected to be used at any site which is not included in apreviously approved construction permit application. Uponreceipt of the application, the applicant shall be notified bythe department of hourly fees and requirements put forth in thissubdivision.
(3) Applicants who withdraw their application before thedepartment completes its evaluation shall reimburse thedepartment for costs incurred in the evaluation.
(4) All moneys received pursuant to this section andsection 643.073 and any other moneys so designated shall beplaced in the state treasury and credited to the naturalresources protection fund--air pollution permit fee subaccount,created in section 640.220, RSMo, and shall be expended for theadministration of this section and sections 643.073 and 643.078and for no other purpose, and shall be used to supplement stategeneral revenue and federal funds appropriated to the department.After appropriation, the moneys received pursuant to this sectionand in such fund subaccount shall be expended for theadministration of this section and for no other purpose. Anyunexpended balance in such fund subaccount at the end of anyappropriation period shall not be transferred to the generalrevenue fund of the state treasury and shall be exempt from theprovisions of section 33.080, RSMo. Any interest received onsuch deposits shall be credited to the fund subaccount.
8. Any person who obtains a valid permit from a city orcounty pursuant to the authority granted in section 643.140 shallbe deemed to have met the requirements of this section and shallnot be liable to the department for construction permit feesimposed pursuant to subsection 7 of this section.
Construction without permit prohibited--denial, appeal,procedure--fee, exemption--natural resources protection fund, airpollution permit fee subaccount--city or county permit granted,effect.
643.075. 1. It shall be unlawful for any person tocommence construction of any air contaminant source in thisstate, without a permit therefor, if such source is of a classfixed by regulation of the commission which requires a permittherefor.
2. Every source required to obtain a construction permitshall make application therefor to the department and shallsubmit therewith such plans and specifications as prescribed byrule. The director shall promptly investigate each applicationand if he determines that the source meets and will meet therequirements of sections 643.010 to 643.190 and the rulespromulgated pursuant thereto, he shall issue a constructionpermit with such conditions as he deems necessary to ensure thatthe source will meet the requirements of sections 643.010 to643.190 and the rules. An application submitted for theconstruction or modification and operation of any regulated aircontaminant source shall receive a unified construction andoperating permit review process under section 643.078, unless theapplicant requests in writing that the construction and operatingpermits be reviewed separately. If the director determines thatthe source does not meet or will not meet the requirements ofsections 643.010 to 643.190 and the rules promulgated pursuantthereto, he shall deny the construction permit.
3. Before issuing a construction permit to build or modifyan air contaminant source the director shall determine if theambient air quality standards in the vicinity of the source arebeing exceeded and shall determine the impact on the ambient airquality standards from the source. The director, in order toeffectuate the purposes of sections 643.010 to 643.190, may denya construction permit if the source will appreciably affect theair quality or the air quality standards are being substantiallyexceeded.
4. The director may require the applicant as a condition tothe issuance of the construction permit to provide and maintainsuch facilities or to conduct such tests as are necessary todetermine the nature, extent, quantity or degree of aircontaminants discharged into the ambient air from the proposedsource.
5. The director shall act within thirty days after arequest for approval of an application for a construction permit.The director shall render a decision to approve or deny aconstruction permit within ninety days of receipt of a completeapplication for a class B source and within one hundredeighty-four days of receipt of a complete application for a classA source. The director shall promptly notify the applicant inwriting of his action and if the construction permit is deniedstate the reasons therefor.
6. Any aggrieved person may appeal any permit decision madeunder this section, including failure to render a decision withinthe time period established in this section. A notice of appealshall be filed with the commission within thirty days of thedirector's action or within thirty days from the date by whichthe decision should have been rendered if the director has failedto act.
7. (1) There shall be a one hundred-dollar filing feepayable to the state of Missouri with each application before aconstruction permit shall be issued. No manufacturing orprocessing plant or operating location or other air contaminantsource shall be required to pay more than one filing fee with aconstruction permit application. The provisions of this sectionshall not apply nor require the issuance of a permit wherein theproposed construction is that of a private residence.
(2) Upon completion of the department's evaluation of theapplication, but before receiving a construction permit, theapplicant shall reimburse the department for all reasonable costsincurred by the department whether or not a construction permitis issued by the department or withdrawn by the applicant. Ifthe department fails to approve or deny a construction permitwithin the time period specified in this section, the applicantshall not be required to reimburse the department for the reviewof the construction permit application. The commission shall, byrule, set the hourly charge, not to exceed the actual costthereof and not to exceed fifty dollars per hour, for review ofeach construction permit application. The commission may exemptany person from payment of the hourly fees under thissubdivision, or may reduce such fees, upon an appeal filed withthe commission by such person stating that the fee will create anunreasonable economic hardship upon such person. The commissionmay conduct a closed meeting and have closed records, as definedin section 610.010, RSMo, for the purpose of gatheringinformation from the person filing an appeal for the exemption.Information obtained in this meeting may be held confidential bythe commission upon the request of the person filing the appealfor exemption. If the fees or any portion of the fees imposed bythis section are not paid within ninety days from the date ofbilling there shall be imposed interest upon the unpaid amount atthe rate of ten percent per annum from the date of billing untilpayment is actually made. A construction permit application fora portable facility may include any site at which the portablefacility is expected to be used; however, a separate site permitapplication shall be required when the portable facility is usedor expected to be used at any site which is not included in apreviously approved construction permit application. Uponreceipt of the application, the applicant shall be notified bythe department of hourly fees and requirements put forth in thissubdivision.
(3) Applicants who withdraw their application before thedepartment completes its evaluation shall reimburse thedepartment for costs incurred in the evaluation.
(4) All moneys received pursuant to this section andsection 643.073 and any other moneys so designated shall beplaced in the state treasury and credited to the naturalresources protection fund--air pollution permit fee subaccount,created in section 640.220, RSMo, and shall be expended for theadministration of this section and sections 643.073 and 643.078and for no other purpose, and shall be used to supplement stategeneral revenue and federal funds appropriated to the department.After appropriation, the moneys received pursuant to this sectionand in such fund subaccount shall be expended for theadministration of this section and for no other purpose. Anyunexpended balance in such fund subaccount at the end of anyappropriation period shall not be transferred to the generalrevenue fund of the state treasury and shall be exempt from theprovisions of section 33.080, RSMo. Any interest received onsuch deposits shall be credited to the fund subaccount.
8. Any person who obtains a valid permit from a city orcounty pursuant to the authority granted in section 643.140 shallbe deemed to have met the requirements of this section and shallnot be liable to the department for construction permit feesimposed pursuant to subsection 7 of this section.
Construction without permit prohibited--denial, appeal,procedure--fee, exemption--natural resources protection fund, airpollution permit fee subaccount--city or county permit granted,effect.
643.075. 1. It shall be unlawful for any person tocommence construction of any air contaminant source in thisstate, without a permit therefor, if such source is of a classfixed by regulation of the commission which requires a permittherefor.
2. Every source required to obtain a construction permitshall make application therefor to the department and shallsubmit therewith such plans and specifications as prescribed byrule. The director shall promptly investigate each applicationand if he determines that the source meets and will meet therequirements of sections 643.010 to 643.190 and the rulespromulgated pursuant thereto, he shall issue a constructionpermit with such conditions as he deems necessary to ensure thatthe source will meet the requirements of sections 643.010 to643.190 and the rules. An application submitted for theconstruction or modification and operation of any regulated aircontaminant source shall receive a unified construction andoperating permit review process under section 643.078, unless theapplicant requests in writing that the construction and operatingpermits be reviewed separately. If the director determines thatthe source does not meet or will not meet the requirements ofsections 643.010 to 643.190 and the rules promulgated pursuantthereto, he shall deny the construction permit.
3. Before issuing a construction permit to build or modifyan air contaminant source the director shall determine if theambient air quality standards in the vicinity of the source arebeing exceeded and shall determine the impact on the ambient airquality standards from the source. The director, in order toeffectuate the purposes of sections 643.010 to 643.190, may denya construction permit if the source will appreciably affect theair quality or the air quality standards are being substantiallyexceeded.
4. The director may require the applicant as a condition tothe issuance of the construction permit to provide and maintainsuch facilities or to conduct such tests as are necessary todetermine the nature, extent, quantity or degree of aircontaminants discharged into the ambient air from the proposedsource.
5. The director shall act within thirty days after arequest for approval of an application for a construction permit.The director shall render a decision to approve or deny aconstruction permit within ninety days of receipt of a completeapplication for a class B source and within one hundredeighty-four days of receipt of a complete application for a classA source. The director shall promptly notify the applicant inwriting of his action and if the construction permit is deniedstate the reasons therefor.
6. Any aggrieved person may appeal any permit decision madeunder this section, including failure to render a decision withinthe time period established in this section. A notice of appealshall be filed with the commission within thirty days of thedirector's action or within thirty days from the date by whichthe decision should have been rendered if the director has failedto act.
7. (1) There shall be a one hundred-dollar filing feepayable to the state of Missouri with each application before aconstruction permit shall be issued. No manufacturing orprocessing plant or operating location or other air contaminantsource shall be required to pay more than one filing fee with aconstruction permit application. The provisions of this sectionshall not apply nor require the issuance of a permit wherein theproposed construction is that of a private residence.
(2) Upon completion of the department's evaluation of theapplication, but before receiving a construction permit, theapplicant shall reimburse the department for all reasonable costsincurred by the department whether or not a construction permitis issued by the department or withdrawn by the applicant. Ifthe department fails to approve or deny a construction permitwithin the time period specified in this section, the applicantshall not be required to reimburse the department for the reviewof the construction permit application. The commission shall, byrule, set the hourly charge, not to exceed the actual costthereof and not to exceed fifty dollars per hour, for review ofeach construction permit application. The commission may exemptany person from payment of the hourly fees under thissubdivision, or may reduce such fees, upon an appeal filed withthe commission by such person stating that the fee will create anunreasonable economic hardship upon such person. The commissionmay conduct a closed meeting and have closed records, as definedin section 610.010, RSMo, for the purpose of gatheringinformation from the person filing an appeal for the exemption.Information obtained in this meeting may be held confidential bythe commission upon the request of the person filing the appealfor exemption. If the fees or any portion of the fees imposed bythis section are not paid within ninety days from the date ofbilling there shall be imposed interest upon the unpaid amount atthe rate of ten percent per annum from the date of billing untilpayment is actually made. A construction permit application fora portable facility may include any site at which the portablefacility is expected to be used; however, a separate site permitapplication shall be required when the portable facility is usedor expected to be used at any site which is not included in apreviously approved construction permit application. Uponreceipt of the application, the applicant shall be notified bythe department of hourly fees and requirements put forth in thissubdivision.
(3) Applicants who withdraw their application before thedepartment completes its evaluation shall reimburse thedepartment for costs incurred in the evaluation.
(4) All moneys received pursuant to this section andsection 643.073 and any other moneys so designated shall beplaced in the state treasury and credited to the naturalresources protection fund--air pollution permit fee subaccount,created in section 640.220, RSMo, and shall be expended for theadministration of this section and sections 643.073 and 643.078and for no other purpose, and shall be used to supplement stategeneral revenue and federal funds appropriated to the department.After appropriation, the moneys received pursuant to this sectionand in such fund subaccount shall be expended for theadministration of this section and for no other purpose. Anyunexpended balance in such fund subaccount at the end of anyappropriation period shall not be transferred to the generalrevenue fund of the state treasury and shall be exempt from theprovisions of section 33.080, RSMo. Any interest received onsuch deposits shall be credited to the fund subaccount.
8. Any person who obtains a valid permit from a city orcounty pursuant to the authority granted in section 643.140 shallbe deemed to have met the requirements of this section and shallnot be liable to the department for construction permit feesimposed pursuant to subsection 7 of this section.
