Section 640.635

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 640

Effective - 28 Aug 2004, 2 histories, see footnote   (history) 

  640.635.  Wastewater analysis, license required, criteria — rulemaking authority — fee, rate. — Any person or laboratory performing an analysis of wastewater shall be licensed to perform the analysis by the department of natural resources. The department shall determine by rule or regulation the licensing criteria. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any 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 rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void. The department may require the person or laboratory obtaining a license under this section to pay a fee to the department for licensure. The fee shall be set at a level not to exceed the cost and expense of administering* this section.

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(L. 2004 H.B. 1433)

*Word "administrating" appears in original rolls.