Effective 01 Jan 2017, see footnote

577.155. Construction or use of a waste disposal well — definitions — penalty. — 1. A person, firm, corporation or political subdivision commits the offense of construction or use of a waste disposal well if such person, firm, corporation, or political subdivision knowingly constructs or uses a waste disposal well.

2. As used in this section, "waste disposal well" means any subsurface void porous formation or cavity, natural or artificial, used for the disposal of liquid or semi-aqueous waste except as excluded in subsection 3 of this section.

3. "Waste disposal well" shall not include:

(1) Sanitary landfills or surface mining pits used for the disposal of nonputrescible solid wastes as defined in section 64.460;

(2) Cesspools used solely for disposal of waste from private residences; or

(3) Septic tanks used solely for disposal of waste.

4. It shall not be a violation of this section to:

(1) Inject or return fluids into subsurface formations in connection with oil or gas operations regulated by the state oil and gas council pursuant to chapter 259;

(2) Inject or return water into subsurface formations pursuant to chapter 644 and section 192.020 in connection with the following instances:

(a) Any groundwater heat pump injection/withdrawal well that is limited to a single family residence;

(b) Any groundwater heat pump injection/withdrawal well that is limited to eight or less single family residences as long as the combined injection/withdrawal rate is less than six hundred thousand British Thermal Units per hour;

(c) All other uses of groundwater heat pump injection/withdrawal wells shall be subject to a permitting procedure as established and regulated by the clean water commission; or

(3) Backfill cavities as an integral part of the mining operation with aggregate or other material obtained from that operation to either reduce accumulation of waste on the surface or to provide additional ground support in the mined-out areas or to inundate such cavities with water devoid of toxic liquid wastes, but the person, firm, or corporation who so backfills may not do so without the consent of the owner of the property to be backfilled.

5. The offense of construction or use of a waste disposal well is a class A misdemeanor. Each day of violation constitutes a separate offense.

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(L. 1971 H.B. 189 §§ 1 to 5, A.L. 1976 S.B. 851, A.L. 1980 H.B. 1614, A.L. 2014 S.B. 491)

Effective 1-01-17