The Missouri Sunshine Law, found in Missouri Revised Statutes Chapter 610, RSMo, states that records of public governmental bodies are open to the public unless otherwise provided by law. The Sunshine Law applies to the Missouri Department of Natural Resources and related Commissions and Boards, because these entities are public governmental bodies. All records, whether written or electronically stored, retained by a public body are subject to the Sunshine Law, unless a law specifically authorizes them to be closed. For more information about Missouri's Sunshine Law, please visit the Missouri Attorney General’s Office Sunshine Law webpage.
Fundamentally, the Sunshine Law is about ensuring public access to open meetings, as well as access to or copies of public records. The public has the right to view how public funds are spent and how government organizations operate. The Sunshine Law operates on a presumption that the records are open, and the department adheres to that presumption. The Sunshine Law sets out specific instances when a public meeting, record or vote may be closed, but gray areas do exist. In these instances, determinations about whether records should be closed are made by the department's Custodian of Records, in consultation with the department's General Counsel’s Office and/ or the Attorney General’s Office.
Phase 1 Request
Phase I Environmental Site Assessments (ESA), also called an Environmental Due Diligence Audit, is meant to identify potential or existing environment-related risks and liabilities of a land property or commercial property. A Phase I ESA is a comprehensive research report of a property’s historical and current land uses in search of any possible environmental contamination liabilities, liens and concerns at the time of a real estate transaction/ disposal.
The Phase I ESA is generally considered the first step in the process, using multiple sources of information extensively. This assessment typically includes reports regarding groundwater, hazardous substances, toxic spills or releases, wastewater or drinking water issues or air emissions. The standard practice is to identify any environmental compliance violations, whether historical or current. There are tools available on the department's website that can help you perform a Phase I ESA for a property.
Open Records/ Sunshine Request
The department receives a high volume of Open Records/ Sunshine Law requests. Some requests take longer to complete. While many records are in electronic format, we may ask you to complete an in-house review of records in paper format. If you have questions or concerns, please contact the department's Custodian of Record by telephone at 573-751-9857 or email at custodianofrecord@dnr.mo.gov.
Submit a Request
You can submit an Open Records Request either online through the department's Public Records Center system, or by mail to the following address:
Missouri Department of Natural Resources
Attn: Custodian of Record
PO Box 176
Jefferson City, MO 65102
Please include the following required information with your records request:
- Your name (and organization name, if applicable), and contact information, including: mailing address, phone and email
- Whether you are interested in reviewing the records in-person, or receiving paper or electronic copies
- The amount you are willing to pay for production costs, or if you would like an estimate of production costs beyond a certain amount
- Identifying information related to your records request, such as facility name, company address, permit number, etc.
- A list or description of the specific information you are requesting
Any information you provide to the department may be subject to disclosure upon request. If you have not been contacted by the department within three business days, contact the Custodian of Record to confirm receipt of your request.
Costs
The department may invoice requesters to recover costs incurred in fulfilling records requests. This includes staff research, review and/ or duplication time, as well a material costs, at the rates listed below.
- Clerical staff time (hourly rate) - $15
- Technical staff time (hourly rate) - $15
- Paper copies (less than 9 by 14 inches) - $0.10 per page
- Enlarger/printer copies from microfilm originals - $1
- Printer/plotters from digital files or paper copy (oversize copies) - $3 per sheet
- Microfilm/microfiche from original or diazo microfilm - $2
- 100’ roll silver microfilm (16mm or 35mm) - $30
- CD ROM - $3 per CD
Fee Waiver: Records may be furnished without charge or at a reduced charge if the requested information is likely to contribute to public understanding or benefit the general public and is not primarily for the commercial interest of the requester.