640.017. Unified permit schedule authorized for activities requiring multiple permits--department duties--procedure--rulemaking authority. - Missouri Statutes

Unified permit schedule authorized for activities requiring multiplepermits--department duties--procedure--rulemaking authority.

640.017. 1. For activities that may require multiple environmentalstate permits, an applicant may request to coordinate a unified permitschedule with the department which covers the timing and order to obtainsuch permits. In determining the schedule, the department and applicantshall consider which permits are most critical for the regulated activity,the need for unified public participation for all of the regulated aspectsof the permitted activity, the applicant's anticipated staging ofconstruction and financing for the permitted activity, and the applicant'suse of innovative environmental approaches or strategies to minimize itsenvironmental impacts.

2. The department may initiate the unified permits process for aclass of similar activities by notifying any known applicants interested inthose regulated activities of the intent to use the unified process. Tothe extent practicable and consistent with the purposes of this section,the department shall coordinate with interested applicants on the unifiedpermit schedule.

3. The department shall determine all of the permits required for aspecific proposed activity based on information provided by the applicant;additional information regarding the proposed activity may result indifferent permits being required. The department shall propose a unifiedpermitting schedule to interested applicants. Any multiple-permitapplicant may decline at any time to have its permits processed inaccordance with the schedule and instead proceed in a permit-by-permitapproach. The department shall publicize the order and tentative scheduleon the department's Internet web site.

4. Following the establishment of a unified permit schedule, thedirector shall notify the applicant in writing of the order in which theapplicant shall obtain permits. The department shall proceed to considerapplications accordingly and may only modify the schedule with the consentof the applicant through the date of the public hearing. Each applicationshall be reviewed by the department based solely on its own merits andcompliance with the applicable law.

5. The department shall coordinate with the applicant, to the extentpossible, to align the unified permit process so that all public meetingsor hearings related to the permits are consolidated into one hearing in alocation near the facility.

6. In furtherance of this section, the director may waive otherwiseapplicable procedural requirements related to timing as set forth in stateenvironmental laws or rules found in this chapter and chapters 260, 444,and 644, RSMo, so long as:

(1) The public comment periods related to each permit are notshortened; and

(2) The unified permitting schedule does not impair the ability ofthe applicant or the department to comply with substantive legalrequirements related to the permit application.

7. The director shall promulgate rules to implement the provisions ofthis section. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly under chapter 536, RSMo,to review, to delay the effective date, or to disapprove and annul a ruleare subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2008, shall beinvalid and void.

(L. 2008 S.B. 1181, et al.)