HCS SB 315 -- LIABILITY FOR AGRICULTURAL DAMAGE AND DESTRUCTION

SPONSOR:  Clemens (Munzlinger)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Agri-Business by a vote of 6 to 3.

This substitute specifies that when a hazardous substance release
occurs, the person having control of the hazardous substance is
liable for the reasonable and necessary costs for the cleanup or
containment incurred by the political subdivision or volunteer
fire protection association providing the emergency services.  No
later than 60 days after completion of the hazardous substance
cleanup, the emergency services provider is required to furnish
the liable person with an itemized statement of all costs
associated with the hazardous substance release.  A cleanup cost
statement may be appealed to the Director of the Department of
Natural Resources with the burden of proof on the political
subdivision or the emergency services provider.

The substitute also specifies that a person or entity who
negligently damages or destroys a field crop product will be
liable for compensatory damages only.

The department is required to establish rules and regulations
regarding the establishment, permitting, design, construction,
operation, and management of voluntarily regulated concentrated
animal feeding operations (CAFOs).  A voluntarily regulated
facility is any CAFO with a capacity of less than 1,000 animal
units that voluntarily applies to the department to be regulated
and which is not otherwise required by law to have a class II
permit.

Eligible voluntarily regulated facilities are not required to
obtain a construction or operating permit.  However, upon
application to become a voluntarily regulated facility, the
department has the authority to regulate the permitting, design,
construction, operation, and management of the facility.
Any permit issued to a class II facility prior to the effective
date of the substitute will remain in effect, and the facility
will be considered a voluntarily regulated facility.  The permit
will remain in effect pending issuance of a new permit if the
facility submits a timely and sufficient application and the
department is unable to issue the new permit prior to the
expiration date of the previous permit.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill corrects past
anti-terrorism legislation that inadvertently requires local
chemical applicators spraying the wrong field to pay double the
damages.

Testifying for the bill were Senator Clemens; and Missouri
Agriculture Industries Council.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:22 am