640.745. Fee to be paid by facility owner/operator, when, amount--fund expended, how, limit--closure activities.

MISSOURI STATUTES AND CODES

640.745. Fee to be paid by facility owner/operator, when, amount--fund expended, how, limit--closure activities.

Fee to be paid by facility owner/operator, when, amount--fundexpended, how, limit--closure activities.

640.745. 1. The owner or operator of each class IA concentratedanimal feeding operation utilizing flush systems shall remit to thedepartment of natural resources a fee of ten cents per animal unitpermitted to be deposited in the fund. The fee is due and payable to thedepartment on the first anniversary of issuance of each owner or operatorpermit to operate such a facility and for nine years thereafter on the samedate. The department of natural resources shall provide forms which suchowner or operator shall use to file and pay this fee.

2. The fund shall be administered by the department for the purposeof carrying out the provisions of sections 640.700 to 640.755, relating toclosure of class IA, class IB, class IC and class II concentrated animalfeeding operation wastewater lagoons.

3. The fund administrators may only expend moneys for animal wastelagoon closure activities on real property which:

(1) Has been placed in the control of the state, a county, ormunicipal government, or an agency thereof, through donation, purchase, taxdelinquency, foreclosure, default or settlement, including conveyance bydeed in lieu of foreclosure, and pose a threat to human health, theenvironment, or a threat to groundwater; and

(2) The state, county, or municipal government, or an agency thereof,has made reasonable and prudent efforts to sell said property to aqualifying purchaser.

4. The fund administrators shall expend no more than one hundredthousand dollars per lagoon for animal waste lagoon closure activities.The fund administrators shall only expend those moneys necessary to achievea minimum level of closure and still protect human health and theenvironment. Closure activities shall include lagoon dewatering andremoval of animal waste sludge, if any, both of which shall be land appliedat a nutrient management application rate based on the most limitingnutrient as determined by Missouri clean water commission regulation.After dewatering, lagoons which are located in a drainage basin and arecapable of meeting all applicable pond requirements of the NaturalResources Conservation Service (NRCS) with minimal additional expenseshould be maintained as a pond. Otherwise, the lagoon berms should bebreached and graded in such a manner to reasonably conform to thesurrounding land contours.