640.010. Department created--director, appointment, powers, duties--transfer of certain agencies. - Missouri Statutes

Department created--director, appointment, powers, duties--transferof certain agencies.

640.010. 1. There is hereby created a department of natural resourcesin charge of a director appointed by the governor, by and with the advice andconsent of the senate. The director shall administer the programs assigned tothe department relating to environmental control and the conservation andmanagement of natural resources. The director shall coordinate and superviseall staff and other personnel assigned to the department. He shall faithfullycause to be executed all policies established by the boards and commissionsassigned to the department, be subject to their decisions as to allsubstantive and procedural rules and his decisions shall be subject to appealto the board or commission on request of the board or commission or byaffected parties. The director shall recommend policies to the various boardsand commissions assigned to the department to achieve effective andcoordinated environmental control and natural resource conservation policies.

2. The director shall appoint directors of staff to service each of thepolicy making boards or commissions assigned to the department. Each directorof staff shall be qualified by education, training and experience in thetechnical matters of the board to which he is assigned and his appointmentshall be approved by the board to which he is assigned and he shall be removedor reassigned on their request in writing to the director of the department.All other employees of the department and of each board and commissionassigned to the department shall be appointed by the director of thedepartment in accord with chapter 36, RSMo, and shall be assigned and may bereassigned as required by the director of the department in such a manner asto provide optimum service, efficiency and economy.

3. The air conservation commission, chapter 203, RSMo, and others, theclean water commission, chapter 204, RSMo, and others, are transferred by typeII transfer to the department of natural resources. The governor shallappoint the members of these bodies in accord with the laws establishing them,with the advice and consent of the senate. The bodies hereby transferredshall retain all rulemaking and hearing powers allotted by law, as well asthose of any bodies transferred to their jurisdiction. All the powers, dutiesand functions of the state environmental improvement authority, chapter 260,RSMo, and others, are transferred by type III transfer to the air conservationcommission. All the powers, duties and functions of the water resourcesboard, chapter 256, RSMo, and others, are transferred by type I transfer tothe clean water commission and the board is abolished. No member of the cleanwater commission shall receive or shall have received, during the previous twoyears from the date of his appointment, a significant portion of his incomedirectly or indirectly from permit holders or applicants for a permit underthe jurisdiction of the clean water commission. The state park board, chapter253, RSMo, is transferred to the department of natural resources by type Itransfer.

4. All the powers, duties and functions of the state soil and waterdistricts commission, chapter 278, RSMo, and others, are transferred by a typeII transfer to the department.

5. All the powers, duties and functions of the state geologist, chapter256, RSMo, and others, are transferred by type I transfer to the department ofnatural resources. All the powers, duties and functions of the state landsurvey authority, chapter 60, RSMo, are transferred to the department ofnatural resources by type I transfer and the authority is abolished. All thepowers, duties and functions of the state oil and gas council, chapter 259,RSMo, and others are transferred to the department of natural resources bytype II transfer. The director of the department shall appoint a stategeologist who shall have the duties to supervise and coordinate the workformerly done by the departments or authorities abolished by this subsection,and shall provide staff services for the state oil and gas council.

6. All the powers, duties and functions of the land reclamationcommission, chapter 444, RSMo, and others, are transferred to the departmentof natural resources by type II transfer. All necessary personnel required bythe commission shall be selected, employed and discharged by the commission.The director of the department shall not have the authority to abolishpositions.

7. The functions performed by the division of health in relation to themaintenance of a safe quality of water dispensed to the public, sections640.100 to 640.115, and others, and for licensing and regulating solid wastemanagement systems and plans are transferred by type I transfer to thedepartment of natural resources.

8. (1) The state interagency council for outdoor recreation, chapter258, RSMo, is transferred to the department of natural resources by type IItransfer. The council shall consist of representatives of the following stateagencies: department of agriculture; department of conservation; office ofadministration; department of natural resources; department of economicdevelopment; department of social services; department of transportation; andthe University of Missouri.

(2) The council shall function as provided in chapter 258, RSMo, exceptthat the department of natural resources shall provide all staff services asrequired by the council notwithstanding the provisions of sections 258.030 and258.040**, RSMo, and all personnel and property of the council are herebytransferred by type I transfer to the department of natural resources and theoffice of executive secretary to the council is abolished.

(L. 1973 1st Ex. Sess. S.B. 1 § 10, A.L. 1995 S.B. 65)

*Transferred 1986; formerly section 10, Reorganization Act of 1974

**Section 258.040 was repealed by H.B. 68 § 1 Revision, 1983.