640.418. Special water protection area, procedure to establish.

MISSOURI STATUTES AND CODES

640.418. Special water protection area, procedure to establish.

Special water protection area, procedure to establish.

640.418. 1. The department may establish special waterquality protection areas where it finds a contaminant in a publicwater system in concentration which exceeds a maximum contaminantlevel established by the environmental protection agency pursuantto the Safe Drinking Water Act, as amended, or a maximumcontaminant level established by the department pursuant to thischapter or sections 640.400 to 640.435 or a contaminant insurface or groundwater which exceeds water quality standardsestablished pursuant to chapter 644, RSMo, which presents athreat to public health or the environment. In making such adetermination, the department shall consider the probable effectof the contaminant or contaminants on human health and theenvironment, the probable duration of the elevated levels of thecontaminant, the quality, quantity and probable uses of surfaceor groundwater within the area, and whether protective measuresare likely to prevent, mitigate or minimize the level of thecontaminant in the surface or groundwater.

2. If the department determines that a special water qualityprotection area should be established, it shall consult with theinteragency task force and with the public water system orsystems affected and determine the boundaries of such area. Whenthe boundaries of any such areas have been determined, thedepartment shall, after a public hearing, issue an orderdesignating the area as a special water quality protection area.Such an order shall include a geographic, hydrologic andstratigraphic definition of the area.

3. The department shall hold a public hearing or a publicmeeting within the area under consideration for designation as aspecial water quality protection area. The department shallnotify every city and county within the proposed area and shallnotify the public by press release and by publication of a noticein a newspaper of general circulation in the region.