319.318.  Compliance with state and federal law — registration with division of fire safety required — annual report required, fees — audit of records — violations, penalty. — 1.  Any person using explosives shall comply with the provisions of this section.

  2.  Provisions of federal law and regulation regarding the manufacturing, transportation, distribution, and storage of explosives shall be enforced by the appropriate federal agency and shall not be subject to enforcement under sections 319.300 to 319.345.

  3.  Within sixty days after August 28, 2007, each person using explosives or intending to use explosives in Missouri shall register with the division of fire safety.  Any person using explosives who is not required to register on the effective date, who subsequently uses explosives in Missouri shall register with the division of fire safety prior to first using explosives in Missouri.  The initial registration shall state the name of the person, address, telephone number, facsimile number, email address, and name of the principal individual having responsibility for supervision of the use of explosives.  A fee of two hundred dollars shall be submitted with the initial registration.

  4.  Each person using explosives that is required to register under subsection 3 of this section shall by January thirty-first of each year after registering file an annual report with the division of fire safety for the preceding calendar year:

  (1)  The initial annual report shall only include that portion of the preceding calendar year after the date the person became subject to the requirement to register under subsection 3 of this section;

  (2)  The report shall include:

  (a)  Any change or addition to the information required in subsection 3 of this section;

  (b)  The name and address of the distributors from which explosives were purchased;

  (c)  The total number of pounds of explosives purchased for use in Missouri and the total number of pounds actually used in Missouri during the period covered by the report.  

­­

­

Persons required to report annually shall maintain records sufficient to prove the accuracy of the information reported;

  (3)  The person using explosives shall submit with the annual report a fee per ton, as established under this section, based on the amount of explosives used in Missouri.  If the report of total pounds used results in a portion of a ton, the cumulative total of the fee shall be rounded to the nearest ton.  The fee shall be five hundred dollars plus one dollar and fifteen cents per ton of explosives used.  The fee per ton authorized under this subdivision may be adjusted by rule provided the fee shall not exceed seven dollars and fifty cents per ton.  The state blasting safety board shall review the fee schedule on a biennial basis and approve or disapprove adjustments in fees by rule.  The fee established by rule shall not yield revenue greater than the cost of administering sections 319.300 to 319.345.  The fee authorized in this section and adjusted by rule shall not apply to any person, company, or entity regulated by the department of natural resources under sections 444.800 to 444.980 and 10 CSR 40-3.160.

  5.  (1)  The division of fire safety may audit the records of any person using explosives required to report annually under subsection 4 of this section to determine the accuracy of the number of pounds of explosives reported.  In connection with such audit, the division of fire safety may also require any distributor of explosives to provide a statement of sales during the year to persons required to report under subsection 4 of this section.

  (2)  It shall be a violation of sections 319.300 to 319.345 to fail to register or report as required by subsection 3 of this section or knowingly report false information in the reports required under subsections 3 and 4 of this section.  The state fire marshal may issue a notice of violation under section 319.333 for failure to register or report or for knowingly reporting false information in the reports required by subsections 3 and 4 of this section.  The notice of violation shall be subject to the same procedures and rights of appeal as established in sections 319.324, 319.327, and 319.333.

  (3)  Any person who fails to register or report or who knowingly reports false information in the reports required under subsections 3 and 4 of this section shall be subject to a civil penalty not exceeding two thousand dollars for the first offense or a penalty not exceeding five thousand dollars for a second or subsequent offense.  Fees for use of explosives not reported shall also be paid.

  6.  It shall be a violation of sections 319.300 to 319.345 for any person using explosives to:

  (1)  Engage in blasting other than by a licensed blaster or an individual working under the direct supervision of a licensed blaster;

  (2)  Fail to calculate the scaled distance, conduct monitoring of vibration and noise levels, and conduct record keeping as required by sections 319.300 to 319.345;

  (3)  Fail to carry a minimum of one million dollars in commercial general liability insurance.

  7.  The state fire marshal may issue a notice of violation for any violation of subsection 6 of this section which shall be subject to the same procedures and rights of appeal as established in sections 319.324, 319.327, and 319.333.

  8.  A violation of subsection 6 of this section shall be subject to a civil penalty not exceeding two thousand dollars for the first offense or a penalty not exceeding five thousand dollars for a second or subsequent offense.