640.016. Permit restrictions by department of natural resources prohibited in absence of statutory authority--permit issuance procedures--denial of permit, basis to be detailed--approval of permit not

MISSOURI STATUTES AND CODES

640.016. Permit restrictions by department of natural resources prohibited in absence of statutory authority--permit issuance procedures--denial of permit, basis to be detailed--approval of permit not

Permit restrictions by department of natural resources prohibitedin absence of statutory authority--permit issuanceprocedures--denial of permit, basis to be detailed--approvalof permit not to be altered for one year, when.

640.016. 1. The department of natural resources shall not place inany permit any requirement, provision, stipulation, or any otherrestriction which is not prescribed or authorized by regulation or statute,unless the requirement, provision, stipulation, or other restriction ispursuant to the authority addressed in statute.

2. Prior to submitting a permit to public comment the department ofnatural resources shall deliver such permit to the permit applicant at thecontact address on the permit application for final review. In theinterest of expediting permit issuance, permit applicants may waive theopportunity to review draft permits prior to public notice. The permitapplicant shall have ten days to review the permit for errors. Uponreceipt of the applicant's review of the permit, the department of naturalresources shall correct the permit where nonsubstantive drafting errorsexist. The department of natural resources shall make such changes withinten days and submit the permit for public comment. If the permit applicantis not provided the opportunity to review permits prior to submission forpublic comment, the permit applicant shall have the authority to correctdrafting errors in their permits after they are issued without paying anyfee for such changes or modifications.

3. In any matter where a permit is denied by the department ofnatural resources pursuant to authorities granted in this chapter andchapters 260, 278, 319, 444, 643, and 644, RSMo, the hazardous wastemanagement commission in chapter 260, RSMo, the state soil and waterdistricts commission in chapter 278, RSMo, the land reclamation commissionin chapter 444, RSMo, the safe drinking water commission in this chapter,the air conservation commission in chapter 643, RSMo, and the clean watercommission in chapter 644, RSMo, such denial shall clearly state the basisfor such denial.

4. Once a permit or action has been approved by the department, thedepartment shall not revoke or change, without written permission from thepermittee, the decision for a period of one year or unless the departmentdetermines that immediate action is necessary to protect human health,public welfare, or the environment.