Mo. Code Regs. tit. 10 § 70-5.030
Current through Register Vol. 49, No.12, June 17, 2024
Section 10 CSR 70-5.030 - Design, Layout and Construction of Proposed Practices; Operation and MaintenancePURPOSE: This rule specifies technical aspects and certification, establishes responsibility of operation and maintenance, and provides a method of modifying projects and practices.
(1) Technical Specifications. The commission shall rely on standards and specifications for soil and water conservation practices used by the United States Department of Agriculture Natural Resources Conservation Service as the basis for determining need and practicability of the proposed practice, preparing plans and specifications, designing and laying out the practices, and certifying the proper implementation of the practices. Modifications to the standards and specifications may be considered and authorized by the commission. Practice description and specification information will be available in the district office.(2) Inspections and Certifications. An approved technician shall inspect the work in progress to ensure that practice standards and specifications are met. Following the implementation, the technician will certify to the district that the practice was or was not properly implemented. If the district does not receive a technician's certification that the practice was properly implemented, it shall not approve any claim to the commission for payment regarding the practice.(3) Operation and Maintenance by Landowner. The landowner shall be responsible for the operation and maintenance of all practices implemented with assistance from the Cost-Share Program and the landowner will be expected to maintain the practices in good operating condition to assure their continued effectiveness.(4) Requests for Removal, Alteration, or Modification of Practices. The commission may grant a district's request for the removal, alteration, or modification of a practice at any time during the ten- (10-) year or expected life span, whichever is less, following payment of cost-share assistance. AUTHORITY: sections 278.070, 278.080 and 278.110, RSMo 1986.* Original rule filed Aug. 12, 1980, effective 1/1/1981. Emergency amendment filed July 29, 2009, effective 8/8/2009, expired 2/25/2010 . Amended: Filed Dec. 14, 1982, effective April 11 , 1983. Amended by Missouri Register December 3, 2018/Volume 43, Number 23, effective 1/29/2019The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.
*Original authority: 278.070, RSMo 1943, amended 1961, 1969, 1980; 278.080, RSMo 1943, amended 1961, 1980, 1986; and 278.110, RSMo 1943, amended 1961, 1980.