319.318. Compliance with state and federal law--registration with division of fire safety required--annual report required--audit of records--violations, penalty.

MISSOURI STATUTES AND CODES

319.318. Compliance with state and federal law--registration with division of fire safety required--annual report required--audit of records--violations, penalty.

Compliance with state and federal law--registration with division offire safety required--annual report required--audit ofrecords--violations, penalty.

319.318. 1. Any person using explosives shall comply with theprovisions of this section.

2. Provisions of federal law and regulation regarding themanufacturing, transportation, distribution, and storage of explosivesshall be enforced by the appropriate federal agency and shall not besubject to enforcement under sections 319.300 to 319.345.

3. Within sixty days after August 28, 2007, each person usingexplosives or intending to use explosives in Missouri shall register withthe division of fire safety. Any person using explosives who is notrequired to register on the effective date, who subsequently usesexplosives in Missouri shall register with the division of fire safetyprior to first using explosives in Missouri. The initial registrationshall state the name of the person, address, telephone number, facsimilenumber, e-mail address, and name of the principal individual havingresponsibility for supervision of the use of explosives. A fee of twohundred dollars shall be submitted with the initial registration.

4. Each person using explosives that is required to register undersubsection 3 of this section shall by January thirty-first of each yearafter registering file an annual report with the division of fire safetyfor the preceding calendar year:

(1) The initial annual report shall only include that portion of thepreceding calendar year after the date the person became subject to therequirement to register under subsection 3 of this section;

(2) The report shall include:

(a) Any change or addition to the information required in subsection3 of this section;

(b) The name and address of the distributors from which explosiveswere purchased;

(c) The total number of pounds of explosives purchased for use inMissouri and the total number of pounds actually used in Missouri duringthe period covered by the report. Persons required to report annuallyshall maintain records sufficient to prove the accuracy of the informationreported;

(3) The person using explosives shall submit with the annual report afee per ton, as established under this section, based on the amount ofexplosives used in Missouri. If the report of total pounds used results ina portion of a ton, the cumulative total of the fee shall be rounded to thenearest ton. The fee shall be five hundred dollars plus one dollar andfifteen cents per ton of explosives used. The fee per ton authorized underthis subdivision may be adjusted by rule provided the fee shall not exceedtwo dollars per ton. The state blasting safety board shall review the feeschedule on a biennial basis and approve or disapprove adjustments in feesby rule.

5. (1) The division of fire safety may audit the records of anyperson using explosives required to report annually under subsection 4 ofthis section to determine the accuracy of the number of pounds ofexplosives reported. In connection with such audit, the division of firesafety may also require any distributor of explosives to provide astatement of sales during the year to persons required to report undersubsection 4 of this section.

(2) It shall be a violation of sections 319.300 to 319.345 to fail toregister or report as required by subsection 3 of this section or knowinglyreport false information in the reports required under subsections 3 and 4of this section. The state fire marshal may issue a notice of violationunder section 319.333 for failure to register or report or for knowinglyreporting false information in the reports required by subsections 3 and 4of this section. The notice of violation shall be subject to the sameprocedures and rights of appeal as established in sections 319.324,319.327, and 319.333.

(3) Any person who fails to register or report or who knowinglyreports false information in the reports required under subsections 3 and 4of this section shall be subject to a civil penalty not exceeding twothousand dollars for the first offense or a penalty not exceeding fivethousand dollars for a second or subsequent offense. Fees for use ofexplosives not reported shall also be paid.

6. It shall be a violation of sections 319.300 to 319.345 for anyperson using explosives to:

(1) Engage in blasting other than by a licensed blaster or anindividual working under the direct supervision of a licensed blaster;

(2) Fail to calculate the scaled distance, conduct monitoring ofvibration and noise levels, and conduct record keeping as required bysections 319.300 to 319.345;

(3) Fail to carry a minimum of one million dollars in commercialgeneral liability insurance.

7. The state fire marshal may issue a notice of violation for anyviolation of subsection 6 of this section which shall be subject to thesame procedures and rights of appeal as established in sections 319.324,319.327, and 319.333.

8. A violation of subsection 6 of this section shall be subject to acivil penalty not exceeding two thousand dollars for the first offense or apenalty not exceeding five thousand dollars for a second or subsequentoffense.