SECOND REGULAR SESSION

HOUSE BILL NO. 2474

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE POLLOCK.

5432L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 640, RSMo, by adding thereto one new section relating to water quality testing.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 640, RSMo, is amended by adding thereto one new section, to be known as section 640.082, to read as follows: 

            640.082. 1. All water quality testing for E. coli for the purposes of determining compliance with the United States Environmental Protection Agency (EPA) standards for full body contact recreation or testing of state park beaches shall be conducted by employees of the department of natural resources.

            2. When conducting E. coli testing for the purposes of determining compliance with EPA standards for full body contact recreation or testing of state park beaches, the department of natural resources shall:

            (1) Test for E. coli 0157;

            (2) If a sample exceeds one hundred twenty-six colonies per one hundred milliliters, follow federal EPA criteria for sampling full body contact recreational waters, which shall be based on a statistically sufficient number of samples, generally not less than five samples equally spaced over a thirty-day period. The geometric mean of the indicated bacterial densities shall not exceed one hundred twenty-six colonies per one hundred milliliters. No one sample shall exceed a one-sided confidence limit calculated using the following as guidance:

            (a) Seventy-five percent confidence limit for a designated bathing beach;

            (b) Eighty-two percent confidence limit for a moderate use bathing beach;

            (c) Ninety percent confidence limit for a light use bathing beach; and

            (d) Ninety-five percent confidence limit for an infrequent use bathing beach

based on a site-specific log standard deviation, or if site data is insufficient to establish a log standard deviation, then using .4 as the log deviation;

            (3) If the geometric mean of the first three of five samples exceeds one hundred twenty-six colonies per one hundred milliliters, immediately release the sampling results to the public. If the geometric mean of the three samples does not exceed one hundred twenty-six colonies per one hundred milliliters, the department shall continue the sampling. If the geometric mean of all five samples exceeds one hundred twenty-six colonies per one hundred milliliters, then the department shall immediately release the sampling results to the public.

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