Political subdivisions not preempted in field of airpollution--certificate of authority to issue permits andvariances, grounds for revocation.
643.140. 1. Except as provided under this section, thelegislature does not intend by the provisions of sections 643.010to 643.190 to occupy the field by preemption. Subject to theprovisions of this section, any city or county of this state isempowered, notwithstanding any limitation or provision of law tothe contrary, to enact and enforce ordinances or orders which areconsistent with the provisions of sections 643.010 to 643.190 andapplicable rules promulgated hereunder. Any constitutional orspecial charter county or city and any first or second classcounty or city may apply to the commission for a certificate ofauthority to operate its own permit and variance program withinthe boundaries of such county or city. The commission may grantsuch certificate, after public hearing, if it determines thatsuch action advances the policy of sections 643.010 to 643.190.Any county which has such a certificate of authority may enforceits air pollution control regulations, and permit and varianceprocedures, in cities within such county and such cities will notbe entitled to such a certificate of authority.
2. Any city or county with a certificate of authority mayissue permits and variances subject to the requirements ofsections 643.010 to 643.190, and rules of the commission andsubject to renewal as provided herein. Any city or county whichissues a permit or variance under this section shall withinfifteen days notify the commission of such issuance and forwardcopies of all applications, evidence, and other informationrelating thereto. Within thirty days after receipt thereof, thedirector shall approve or disapprove such permit or variance, orshall request from the applicant such additional information ashe deems necessary or shall refer the permit or variance to thecommission for a hearing thereon. In the event of disapprovalthe applicant, an affected person or the holder of a certificateor other affected public authority may request a public hearingwithin thirty days. After such hearing, the commission mayaffirm, reverse, modify or amend the permit or variance in anyway, or issue such other order as in its judgment will advancethe policy of sections 643.010 to 643.190.
3. A final permit or variance issued by the holder of acertificate of authority shall serve as a permit or variancegranted by the commission under sections 643.010 to 643.190.
4. The commission may enforce the provisions of sections643.010 to 643.190 and its rules promulgated thereunder in anycity or county with a certificate of authority.
5. Constitutional charter counties and cities aboveseventy-five thousand population may enact and enforce ordinancespursuant to the powers granted them by law, and subject to theprovisions of sections 643.010 to 643.190.
6. (1) First class and second class counties may, byresolution of a majority of the county commission, adopt andenforce the standards, rules and regulations of the commissionfor that area of the state as promulgated under sections 643.010to 643.190.
(2) The governing bodies of such cities and counties areauthorized and empowered to provide for an air pollution controlofficer, or may designate the county health officer, toimplement, enforce and carry out the county air pollution controlprogram. The city or county governing body and the designatedcontrol officer shall have the same powers and duties as those ofthe commission and the director, respectively, as provided insections 643.010 to 643.190. All final orders or determinationsshall be reviewable under this section and section 643.130 andmay be enforced as provided in section 643.151, except that theprosecuting attorney shall bring action at the request of thecity or county governing body.
7. Third and fourth class counties adjacent toconstitutional charter, first and second class counties holding acertificate of authority, or adjacent to an air pollution regionas hereinafter defined, may, by order of a majority of the countycommission, adopt the rules of the commission applicable to thatarea of the state promulgated under sections 643.010 to 643.190.Such rules and regulations may only be enforced by such counties if acontract and agreement has been entered into for enforcement of the rulesand regulations with an adjacent constitutional first or second classcounty holding a certificate of authority.
8. Subject to the provisions of this section andnotwithstanding any limitation or provisions of law to thecontrary, any city or county, through its governing body, mayform an air pollution region by entering into and performing withother political subdivisions of this state such contracts andagreements as they may deem proper for or concerning theestablishing, planning, operation and financing of an airpollution control program to accomplish the purposes of sections643.010 to 643.190; except that such agreement shall be enteredinto consistent with the provisions of chapter 70, RSMo.
9. Any certificate of authority issued by the commission toany city or county prior to August 13, 1972, shall continue inforce as a certificate of authority under this section, subject,however, to revocation as provided in subsection 10 of thissection.
10. If the commission determines at any time after hearingthat an ordinance, order or rule is inconsistent with or is beingenforced in a manner inconsistent with the provisions of sections643.010 to 643.190 or any rule hereunder, in any city or countyholding a certificate of authority, the commission may suspend orrepeal the certificate of authority.
Political subdivisions not preempted in field of airpollution--certificate of authority to issue permits andvariances, grounds for revocation.
643.140. 1. Except as provided under this section, thelegislature does not intend by the provisions of sections 643.010to 643.190 to occupy the field by preemption. Subject to theprovisions of this section, any city or county of this state isempowered, notwithstanding any limitation or provision of law tothe contrary, to enact and enforce ordinances or orders which areconsistent with the provisions of sections 643.010 to 643.190 andapplicable rules promulgated hereunder. Any constitutional orspecial charter county or city and any first or second classcounty or city may apply to the commission for a certificate ofauthority to operate its own permit and variance program withinthe boundaries of such county or city. The commission may grantsuch certificate, after public hearing, if it determines thatsuch action advances the policy of sections 643.010 to 643.190.Any county which has such a certificate of authority may enforceits air pollution control regulations, and permit and varianceprocedures, in cities within such county and such cities will notbe entitled to such a certificate of authority.
2. Any city or county with a certificate of authority mayissue permits and variances subject to the requirements ofsections 643.010 to 643.190, and rules of the commission andsubject to renewal as provided herein. Any city or county whichissues a permit or variance under this section shall withinfifteen days notify the commission of such issuance and forwardcopies of all applications, evidence, and other informationrelating thereto. Within thirty days after receipt thereof, thedirector shall approve or disapprove such permit or variance, orshall request from the applicant such additional information ashe deems necessary or shall refer the permit or variance to thecommission for a hearing thereon. In the event of disapprovalthe applicant, an affected person or the holder of a certificateor other affected public authority may request a public hearingwithin thirty days. After such hearing, the commission mayaffirm, reverse, modify or amend the permit or variance in anyway, or issue such other order as in its judgment will advancethe policy of sections 643.010 to 643.190.
3. A final permit or variance issued by the holder of acertificate of authority shall serve as a permit or variancegranted by the commission under sections 643.010 to 643.190.
4. The commission may enforce the provisions of sections643.010 to 643.190 and its rules promulgated thereunder in anycity or county with a certificate of authority.
5. Constitutional charter counties and cities aboveseventy-five thousand population may enact and enforce ordinancespursuant to the powers granted them by law, and subject to theprovisions of sections 643.010 to 643.190.
6. (1) First class and second class counties may, byresolution of a majority of the county commission, adopt andenforce the standards, rules and regulations of the commissionfor that area of the state as promulgated under sections 643.010to 643.190.
(2) The governing bodies of such cities and counties areauthorized and empowered to provide for an air pollution controlofficer, or may designate the county health officer, toimplement, enforce and carry out the county air pollution controlprogram. The city or county governing body and the designatedcontrol officer shall have the same powers and duties as those ofthe commission and the director, respectively, as provided insections 643.010 to 643.190. All final orders or determinationsshall be reviewable under this section and section 643.130 andmay be enforced as provided in section 643.151, except that theprosecuting attorney shall bring action at the request of thecity or county governing body.
7. Third and fourth class counties adjacent toconstitutional charter, first and second class counties holding acertificate of authority, or adjacent to an air pollution regionas hereinafter defined, may, by order of a majority of the countycommission, adopt the rules of the commission applicable to thatarea of the state promulgated under sections 643.010 to 643.190.Such rules and regulations may only be enforced by such counties if acontract and agreement has been entered into for enforcement of the rulesand regulations with an adjacent constitutional first or second classcounty holding a certificate of authority.
8. Subject to the provisions of this section andnotwithstanding any limitation or provisions of law to thecontrary, any city or county, through its governing body, mayform an air pollution region by entering into and performing withother political subdivisions of this state such contracts andagreements as they may deem proper for or concerning theestablishing, planning, operation and financing of an airpollution control program to accomplish the purposes of sections643.010 to 643.190; except that such agreement shall be enteredinto consistent with the provisions of chapter 70, RSMo.
9. Any certificate of authority issued by the commission toany city or county prior to August 13, 1972, shall continue inforce as a certificate of authority under this section, subject,however, to revocation as provided in subsection 10 of thissection.
10. If the commission determines at any time after hearingthat an ordinance, order or rule is inconsistent with or is beingenforced in a manner inconsistent with the provisions of sections643.010 to 643.190 or any rule hereunder, in any city or countyholding a certificate of authority, the commission may suspend orrepeal the certificate of authority.
Political subdivisions not preempted in field of airpollution--certificate of authority to issue permits andvariances, grounds for revocation.
643.140. 1. Except as provided under this section, thelegislature does not intend by the provisions of sections 643.010to 643.190 to occupy the field by preemption. Subject to theprovisions of this section, any city or county of this state isempowered, notwithstanding any limitation or provision of law tothe contrary, to enact and enforce ordinances or orders which areconsistent with the provisions of sections 643.010 to 643.190 andapplicable rules promulgated hereunder. Any constitutional orspecial charter county or city and any first or second classcounty or city may apply to the commission for a certificate ofauthority to operate its own permit and variance program withinthe boundaries of such county or city. The commission may grantsuch certificate, after public hearing, if it determines thatsuch action advances the policy of sections 643.010 to 643.190.Any county which has such a certificate of authority may enforceits air pollution control regulations, and permit and varianceprocedures, in cities within such county and such cities will notbe entitled to such a certificate of authority.
2. Any city or county with a certificate of authority mayissue permits and variances subject to the requirements ofsections 643.010 to 643.190, and rules of the commission andsubject to renewal as provided herein. Any city or county whichissues a permit or variance under this section shall withinfifteen days notify the commission of such issuance and forwardcopies of all applications, evidence, and other informationrelating thereto. Within thirty days after receipt thereof, thedirector shall approve or disapprove such permit or variance, orshall request from the applicant such additional information ashe deems necessary or shall refer the permit or variance to thecommission for a hearing thereon. In the event of disapprovalthe applicant, an affected person or the holder of a certificateor other affected public authority may request a public hearingwithin thirty days. After such hearing, the commission mayaffirm, reverse, modify or amend the permit or variance in anyway, or issue such other order as in its judgment will advancethe policy of sections 643.010 to 643.190.
3. A final permit or variance issued by the holder of acertificate of authority shall serve as a permit or variancegranted by the commission under sections 643.010 to 643.190.
4. The commission may enforce the provisions of sections643.010 to 643.190 and its rules promulgated thereunder in anycity or county with a certificate of authority.
5. Constitutional charter counties and cities aboveseventy-five thousand population may enact and enforce ordinancespursuant to the powers granted them by law, and subject to theprovisions of sections 643.010 to 643.190.
6. (1) First class and second class counties may, byresolution of a majority of the county commission, adopt andenforce the standards, rules and regulations of the commissionfor that area of the state as promulgated under sections 643.010to 643.190.
(2) The governing bodies of such cities and counties areauthorized and empowered to provide for an air pollution controlofficer, or may designate the county health officer, toimplement, enforce and carry out the county air pollution controlprogram. The city or county governing body and the designatedcontrol officer shall have the same powers and duties as those ofthe commission and the director, respectively, as provided insections 643.010 to 643.190. All final orders or determinationsshall be reviewable under this section and section 643.130 andmay be enforced as provided in section 643.151, except that theprosecuting attorney shall bring action at the request of thecity or county governing body.
7. Third and fourth class counties adjacent toconstitutional charter, first and second class counties holding acertificate of authority, or adjacent to an air pollution regionas hereinafter defined, may, by order of a majority of the countycommission, adopt the rules of the commission applicable to thatarea of the state promulgated under sections 643.010 to 643.190.Such rules and regulations may only be enforced by such counties if acontract and agreement has been entered into for enforcement of the rulesand regulations with an adjacent constitutional first or second classcounty holding a certificate of authority.
8. Subject to the provisions of this section andnotwithstanding any limitation or provisions of law to thecontrary, any city or county, through its governing body, mayform an air pollution region by entering into and performing withother political subdivisions of this state such contracts andagreements as they may deem proper for or concerning theestablishing, planning, operation and financing of an airpollution control program to accomplish the purposes of sections643.010 to 643.190; except that such agreement shall be enteredinto consistent with the provisions of chapter 70, RSMo.
9. Any certificate of authority issued by the commission toany city or county prior to August 13, 1972, shall continue inforce as a certificate of authority under this section, subject,however, to revocation as provided in subsection 10 of thissection.
10. If the commission determines at any time after hearingthat an ordinance, order or rule is inconsistent with or is beingenforced in a manner inconsistent with the provisions of sections643.010 to 643.190 or any rule hereunder, in any city or countyholding a certificate of authority, the commission may suspend orrepeal the certificate of authority.
