Missouri Statute | Act | Code |Conservation, Resources And Development| US Code - US Statute

Notwithstanding any provision of this chapter, the department of
natural resources shall require that before any permit, license, or grant
of authority is issued or renewed by the department of natural resources
pursuant to this chapter, the local jurisdiction shall verify that the
person and activity which is the subject of such permit, license, or
grant of authority, is in compliance with all applicable local zoning,
building, and health codes, ordinances, and orders with regard to the
person and activity regulated pursuant to this chapter. Failure of the
local jurisdiction to respond to a request from the department of natural
resources for such verification within thirty days of such request shall
be deemed to be verification of local compliance. (L. 1995 S.B. 60 & 112
§ 1)

(1998) Amendment in SB 60 (1995) was unconstitutional to the extent that
it applied to hazardous waste management because title of bill was
underinclusive. National Solid Waste Management Association v. Director
of the Department of Natural Resources, 964 S.W.2d 818 (Mo.banc).

As used in sections 260.005 to 260.125, the following words and
terms mean:

(1) "Authority", the state environmental improvement and energy resources
authority created by sections 260.005 to 260.125;

(2) "Bonds", bonds issued by the authority pursuant to the provisions of
sections 260.005 to 260.125;

(3) "Cost", the expense of the acquisition of land, rights-of-way,
easements and other interests in real property and the expense of
acquiring or constructing buildings, improvements, machinery and
equipment relating to any project, including the cost of demolishing or
removing any existing structures, interest during the construction of any
project and engineering, research, legal, consulting and other expenses
necessary or incident to determining the feasibility or practicability of
any project and carrying out the same, all of which are to be paid out of
the proceeds of the bonds or notes authorized by sections 260.005 to
260.125;

(4) "Disposal of solid waste or sewage", the entire process of storage,
collection, transportation, processing and disposal of solid wastes or
sewage;

(5) "Energy conservation", the reduction of energy consumption;

(6) "Energy efficiency", the increased productivity or effectiveness of
energy resources use, the reduction of energy consumption, or the use of
renewable energy sources;

(7) "Notes", notes issued by the authority pursuant to sections 260.005
to 260.125;

(8) "Pollution", the placing of any noxious substance in the air or
waters or on the lands of this state in sufficient quantity and of such
amounts, characteristics and duration as to injure or harm the public
health or welfare or animal life or property;

(9) "Project", any facility, including land, disposal areas,
incinerators, buildings, fixtures, machinery, equipment, and devices or
modifications to a building or facility, acquired or constructed, or to
be acquired or constructed for the purpose of developing energy resources
or preventing or reducing pollution or the disposal of solid waste or
sewage or providing water facilities or resource recovery facilities or
carrying out energy efficiency modifications in, but not limited to,
buildings owned by the state or providing for energy conservation or
increased energy efficiency;

(10) "Resource recovery", the recovery of material or energy from solid
waste;

(11) "Resource recovery facility", any facility at which solid waste is
processed for the purpose of extracting, converting to energy, or
otherwise separating and preparing solid waste for reuse;

(12) "Resource recovery system", a solid waste management system which
provides for collection, separation, recycling, and recovery of solid
wastes, including disposal of nonrecoverable waste residues;

(13) "Revenues", all rents, installment payments on notes, interest on
loans, revenues, charges and other income received by the authority in
connection with any project and any gift, grant, or appropriation
received by the authority with respect thereto;

(14) "Sewage", any liquid or gaseous waste resulting from industrial,
commercial, agricultural or community activities in such amounts,
characteristics and duration as to injure or harm the public health or
welfare or animal life or property;

(15) "Solid waste", garbage, refuse, discarded materials and undesirable
solid and semisolid residual matter resulting from industrial,
commercial, agricultural or community activities in such amounts,
characteristics and duration as to injure or harm the public health or
welfare or animal life or property;

(16) "Synthetic fuels", any solid, liquid, or gas or combination thereof,
which can be used as a substitute for petroleum or natural gas (or any
derivatives thereof, including chemical feedstocks) and which is produced
by chemical or physical transformation (other than washing, coking, or
desulfurizing) of domestic sources of coal, including lignite and peat;
shale; tar sands, including heavy oils; water as a source of hydrogen
only through electrolysis, and mixtures of coal and combustible liquids
including petroleum; and

(17) "Water facilities", any facilities for the furnishing of water for
industrial, commercial, agricultural or community purposes including, but
not limited to, wells, reservoirs, dams, pumping stations, water lines,
sewer lines, treatment plants, stabilization ponds, storm sewers, related
equipment and machinery. (L. 1972 H.B. 1041 § 1, A.L. 1982 S.B. 506, A.L.
1985 H.B. 807, A.L. 1993 H.B. 195 merged with S.B. 80, et al.)

There is hereby created and established as a governmental
instrumentality of the state of Missouri, the "State Environmental
Improvement and Energy Resources Authority", which shall constitute a
body corporate and politic. (L. 1972 H.B. 1041 § 2, A.L. 1982 S.B. 506)

Effective 4-30-82

(1975) Creation of authority and sections 260.005 to 260.090 held
constitutional. State ex rel. Farmers' Electric Cooperative, Inc. v.
State Environmental Improvement Authority (Mo.), 518 S.W.2d 68.

The authority is authorized to provide for the conservation of
the air, land and water resources of the state by the prevention or
reduction of the pollution thereof and proper methods of disposal of
solid waste or sewage and to provide for the furnishing of water
facilities and resource recovery facilities and to provide for the
development of the energy resources of the state, to provide for energy
conservation and to provide for energy efficiency projects and increased
energy efficiency in the state, and to further such programs the
authority is authorized to acquire and construct, and finance projects
and to issue bonds and notes and make loans as herein provided to pay the
costs thereof. Any pollution control, sewage or solid waste disposal,
resource recovery, energy conservation or energy efficiency projects
shall be in furtherance of applicable federal and state standards and
regulations. (L. 1972 H.B. 1041 § 3, A.L. 1982 S.B. 506, A.L. 1985 H.B.
807, A.L. 1993 H.B. 195 merged with S.B. 80, et al.)

The authority shall consist of five members appointed by the
governor, by and with the consent of the senate. A member's authority to
act shall commence upon receiving the advice and consent of the senate,
if the senate is in session, but if the senate is not in session, his
authority shall commence immediately upon appointment by the governor,
but shall terminate if advice and consent is not received thirty calendar
days after the senate convenes. If advice and consent is not given, such
person shall not be reappointed by the governor to the authority. Not
more than three members of the authority shall be members of the same
political party. All members shall be residents of the state of Missouri.
The members of the authority first appointed shall continue in office for
terms expiring on January 22, 1974, January 22, 1975, and January 22,
1976, the term of each member to be designated by the governor. The
successor of each member shall be appointed for a term of three years,
but any person appointed to fill a vacancy shall be appointed to serve
only for the unexpired term. Members of the authority shall be eligible
for reappointment. Three members of the authority shall constitute a
quorum and the affirmative vote of three members shall be necessary for
any action by the authority. Advice and consent may be withdrawn with
regard to any member of the board upon a vote of a majority of the
elected members of the senate. (L. 1972 H.B. 1041 § 4, A.L. 1973 S.B. 252)

The authority shall elect one of its members as chairman and
another as vice chairman and shall appoint a secretary and a treasurer,
which offices may be combined, and who need not be members of the
authority. (L. 1972 H.B. 1041 § 5)

Effective 1-22-73

Each member of the authority shall be entitled to compensation
of twenty-five dollars per diem, plus their reasonable and necessary
expenses actually incurred in discharging their duties under the
provisions of sections 260.005 to 260.090. (L. 1972 H.B. 1041 § 6)

Effective 1-22-73

1. The authority is hereby granted and may exercise all powers
necessary or appropriate to carry out and effectuate its purposes
pursuant to the provisions of sections 260.005 to 260.125, including, but
not limited to, the following:

(1) To adopt bylaws and rules after having held public hearings thereon
for the regulation of its affairs and the conduct of its business;

(2) To adopt an official seal;

(3) To maintain a principal office and such other offices within the
state as it may designate;

(4) To sue and be sued;

(5) To make and execute leases, contracts, releases, compromises and
other instruments necessary or convenient for the exercise of its powers
or to carry out its purposes;

(6) To acquire, construct, reconstruct, enlarge, improve, furnish, equip,
maintain, repair, operate, lease, finance and sell equipment, structures,
systems and projects and to lease the same to any private person, firm,
or corporation, or to any public body, political subdivision or municipal
corporation. Any such lease may provide for the construction of the
project by the lessee;

(7) To issue bonds and notes as hereinafter provided and to make,
purchase, or participate in the purchase of loans or municipal
obligations and to guarantee loans to finance the acquisition,
construction, reconstruction, enlargement, improvement, furnishing,
equipping, maintaining, repairing, operating or leasing of a project;

(8) To invest any funds not required for immediate disbursement in
obligations of the state of Missouri or of the United States or any
agency or instrumentality thereof, or in bank certificates of deposit;
provided, however, the foregoing limitations on investments shall not
apply to proceeds acquired from the sale of bonds or notes which are held
by a corporate trustee pursuant to section 260.060;

(9) To acquire by gift or purchase, hold and dispose of real and personal
property in the exercise of its powers and the performance of its duties
hereunder;

(10) To employ managers and other employees and retain or contract with
architects, engineers, accountants, financial consultants, attorneys and
such other persons, firms or corporations who are necessary in its
judgment to carry out its duties, and to fix the compensation thereof;

(11) To receive and accept appropriations, bequests, gifts and grants and
to utilize or dispose of the same to carry out its purposes pursuant to
the provisions of sections 260.005 to 260.125;

(12) To engage in research and development with respect to pollution
control facilities and solid waste or sewage disposal facilities, and
water facilities, resource recovery facilities and the development of
energy resources;

(13) To collect rentals, fees and other charges in connection with its
services or for the use of any project hereunder;

(14) To sell at private sale any of its property or projects to any
private person, firm or corporation, or to any public body, political
subdivision or municipal corporation on such terms as it deems advisable,
including the right to receive for such sale the note or notes of any
such person to whom the sale is made. Any such sale shall provide for
payments adequate to pay the principal of and interest and premiums, if
any, on the bonds or notes issued to finance such project or portion
thereof. Any such sale may provide for the construction of the project by
the purchaser of the project;

(15) To make, purchase or participate in the purchase of loans to finance
the development and marketing of:

(a) Means of energy production utilizing energy sources other than fossil
or nuclear fuel, including, but not limited to, wind, water, solar,
biomass, solid waste, and other renewable energy resource technologies;

(b) Fossil fuels and recycled fossil fuels which are indigenous energy
resources produced in the state of Missouri, including coal, heavy oil,
and tar sands; and

(c) Synthetic fuels produced in the state of Missouri;

(16) To insure any loan, the funds of which are to be used for the
development and marketing of energy resources as authorized by sections
260.005 to 260.125;

(17) To make temporary loans, with or without interest, but with such
security for repayment as the authority deems reasonably necessary and
practicable, to defray development costs of energy resource development
projects;

(18) To collect reasonable fees and charges in connection with making and
servicing its loans, notes, bonds and obligations, commitments, and other
evidences of indebtedness made, issued or entered into to develop energy
resources, and in connection with providing technical, consultative and
project assistance services in the area of energy development. Such fees
and charges shall be limited to the amounts required to pay the costs of
the authority, including operating and administrative expenses, and
reasonable allowance for losses which may be incurred;

(19) To enter into agreements or other transactions with any federal or
state agency, any person and any domestic or foreign partnership,
corporation, association, or organization to carry out the provisions of
sections 260.005 to 260.125;

(20) To sell, at public or private sale, any mortgage and any real or
personal property subject to that mortgage, negotiable instrument, or
obligation securing any loan;

(21) To procure insurance against any loss in connection with its
property in such amounts, and from such insurers, as may be necessary or
desirable;

(22) To consent to the modification of the rate of interest, time of
payment for any installment of principal or interest, or any other terms,
of any loan, loan commitment, temporary loan, contract, or agreement made
directly by the authority;

(23) To make and publish rules and regulations concerning its lending,
insurance of loans, and temporary lending to defray development costs,
along with such other rules and regulations as are necessary to
effectuate its purposes. No rule or portion of a rule promulgated under
the authority of sections 260.005 to 260.125 shall become effective
unless it has been promulgated pursuant to the provisions of section
536.024, RSMo;

(24) To borrow money to carry out and effectuate its purpose in the area
of energy resource development and to issue its negotiable bonds or notes
as evidence of any such borrowing in such principal amounts and upon such
terms as shall be determined by the authority, and to secure such bonds
or notes by the pledge of revenues, mortgages, or notes of others as
authorized by sections 260.005 to 260.125.

2. The authority shall develop a hazardous waste facility if the study
required in section 260.037 demonstrates that a facility is economically
feasible. The facility, which shall not include a hazardous waste
landfill, may be operated by any eligible party as specified in this
section. The authority shall begin development of the facility by July 1,
1985. (L. 1972 H.B. 1041 § 7, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L.
1982 S.B. 506, A.L. 1983 H.B. 528, A.L. 1985 H.B. 807, A.L. 1995 S.B. 3)

CROSS REFERENCE: Multinational banks, securities and obligations of,
investment in, when, RSMo 409.950

1. The environmental improvement and energy resources authority
shall study the feasibility of a state owned hazardous waste treatment
and resource recovery facility. The authority shall:

(1) Identify the treatment and resource recovery technologies suitable
for such a facility;

(2) Determine the optimum areas for the siting of the facility;

(3) Assess the use of economic incentives to local communities; and

(4) Determine whether a state owned facility would be economically
feasible.

2. The environmental improvement and energy resources authority may
contract with any person and cooperate with any department of state
government to meet its obligations under this section. The authority
shall report its findings before January 1, 1985, to the department of
natural resources and the general assembly. (L. 1983 H.B. 528 § 2)

Effective 6-27-83

1. The environmental improvement and energy resources authority
shall conduct a study of resource recovery potential for the state of
Missouri. Such study shall, at a minimum:

(1) Determine the amount of solid waste produced and current disposal
methods;

(2) Determine the potential markets for resource recovery materials;

(3) Evaluate existing state laws and policies which discourage or
encourage resource recovery; and

(4) Identify optimum market conditions necessary to make resource
recovery economically feasible in this state.

2. The authority shall report its findings and recommendations to the
general assembly, the governor, the department of natural resources and
the department of economic development no later than January 1, 1988. (L.
1986 S.B. 475)

The authority may at any time issue revenue bonds for the
purpose of paying any part of the cost of any project or part thereof.
Every issue of its bonds shall be payable out of the revenues of the
authority which may be pledged for such payment, without preference or
priority of the first bonds issued, subject to any agreement with the
holders of any other bonds or pledging any specified revenues. The bonds
shall be authorized by resolution of the authority, shall bear such date
or dates, and shall mature at such time or times, but not in excess of
forty years, as the resolution shall specify. The bonds shall be in such
denomination, bear interest at such rate, be in such form, either coupon
or registered, be issued in such manner, be payable in such place or
places and be subject to redemption as such resolution may provide. The
bonds of the authority may be sold at public or private sale, as
hereafter provided, at such price or prices as the authority shall
determine, but at not less than ninety-five percent of the principal
amount thereof and at such interest rate as the authority shall
determine. Such bonds shall be sold at public sale or, if the authority
determines it is in the best interest of the authority, at private sale.
The reason or reasons why private sale is in the best interest of the
authority shall be set forth in the order or resolution authorizing the
private sale. The decision of the authority shall be conclusive. (L. 1972
H.B. 1041 § 8, A.L. 1976 S.B. 469, A.L. 1980 2d Ex. Sess. H.B. 5, et al.,
A.L. 1982 S.B. 506)

Effective 4-30-82

The authority may issue notes payable from the proceeds of bonds
to be issued in the future or from such other sources as the authority
may specify as in the case of bonds. Such notes shall mature in not more
than five years and shall be sold at public or private sale as the
authority may specify at not less than ninety-five percent of the
principal amount thereof and at such interest rate as the authority shall
determine. The other details with respect to such notes shall be
determined by the authority as in the case of bonds. (L. 1972 H.B. 1041 §
9, A.L. 1982 S.B. 506, A.L. 1985 H.B. 807)

The authority may from time to time issue renewal notes or
refund any bonds by the issuance of refunding bonds, whether the bonds to
be refunded have or have not matured, and to issue bonds partially to
refund bonds then outstanding and partially for any other purpose.
Renewal notes or refunding bonds may be sold at public or private sale
and the proceeds applied to the purchase, redemption, or payment of the
notes or bonds to be refunded. (L. 1972 H.B. 1041 § 10)

Effective 1-22-73

Any resolution authorizing any notes or bonds may contain such
provisions, covenants and agreements subject to any provisions, covenants
and agreements with the holders of bonds or notes then outstanding as the
authority determines necessary. Such provisions, covenants and agreements
may include but shall not be limited to:

(1) Pledging of all or any part of the revenues of the authority, or any
part thereof, to secure the payment of the notes or bonds or of any issue
thereof;

(2) The use and disposition of the revenues of the authority or any part
thereof;

(3) The fixing of rents, fees and other charges and the pledging of the
same and of the revenues of the authority so that the same will be
sufficient to pay the cost of operation, maintenance and repair of any
project and the principal of and interest on notes or bonds secured by
the pledge of such revenues;

(4) Establishing reasonable reserves to secure the payment of such notes
or bonds;

(5) Limitations on the issuance of additional notes or bonds and the
terms upon which the same may be issued and secured. (L. 1972 H.B. 1041 §
11)

Effective 1-22-73

A resolution of the authority authorizing the issuance of any
notes or bonds or any issue thereof may provide that such notes or bonds
shall be secured by a trust agreement between the authority and a
corporate trustee, vesting in such trustee such property, rights, powers
and duties in trust as the authority may determine. Any such trust
agreement may pledge or assign the revenues of the authority or any part
thereof, to secure the payment of any notes or bonds. Any such trust
agreement may contain such provisions for protecting and enforcing the
rights and remedies of the noteholders or bondholders as may be
reasonable and proper, including covenants relating to the acquisition
and construction of projects and the maintenance, repair and operation
thereof, the rentals and other charges to be imposed for the use of any
project, the custody and application of all moneys relating thereto. Such
trust agreement may contain such other provisions as the authority
determines reasonable and necessary for the security of the noteholders
and bondholders. All expenses incurred in carrying out the provisions of
any such trust agreement may be considered as a part of the cost of the
operation of the project. (L. 1972 H.B. 1041 § 12)

Effective 1-22-73

Notes and bonds issued hereunder shall not constitute an
indebtedness of the state and the state shall not be liable on such bonds
and notes and the form of such bonds and notes shall contain a statement
to such effect. (L. 1972 H.B. 1041 § 13, A.L. 1985 H.B. 807)

The notes and bonds of the authority are securities in which all
public officers and bodies of this state and all municipalities and
municipal subdivisions, all insurance companies and associations and
other persons carrying on an insurance business, all banks, trust
companies, savings associations, savings and loan associations,
investment companies, all administrators, guardians, executors, trustees,
and other fiduciaries, and all other persons whatsoever who are now or
may hereafter be authorized to invest in bonds or other obligations of
the state, may properly and legally invest funds, including capital, in
their control or belonging to them. (L. 1972 H.B. 1041 § 14)

Effective 1-22-73

Projects acquired, constructed, reconstructed, enlarged,
improved, furnished, equipped, maintained, repaired, operated, leased,
financed or sold by the authority pursuant to sections 260.005 to 260.090
shall be subject to all real and tangible personal property taxes and
assessments of the state of Missouri, or any county, municipality, or any
governmental subdivision thereof. The notes and bonds of the authority
and the income therefrom shall at all times be exempt from taxation,
except for death and gift taxes and taxes on transfers. (L. 1972 H.B.
1041 § 15)

Effective 1-22-73

No part of the funds of the authority shall inure to the benefit
of or be distributable to its members or other private persons except
that the authority is authorized and empowered to pay reasonable
compensation for services rendered as herein provided for. (L. 1972 H.B.
1041 § 16)

Effective 1-22-73

Upon termination or dissolution, all rights and properties of
the authority shall pass to and be vested in the state of Missouri,
subject to the rights of noteholders, bondholders, and other creditors.
(L. 1972 H.B. 1041 § 17)

Effective 1-22-73

On or before the first Wednesday after the first Monday in
January of each year, if the state environmental improvement and energy
resources authority desires to receive and expend moneys from the federal
government in the next fiscal year of the state, the authority shall
submit to the senate appropriations committee, the house appropriations
committee and the oversight division of the committee on legislative
research an itemization of all federal funds to be received, including
the federal source thereof and plans including the expenditure of such
funds. (L. 1972 H.B. 1041 § 19, A.L. 1982 S.B. 506)

Effective 4-30-82

Any municipality, public body, political subdivision or
municipal corporation may enter into leases, contracts, releases,
compromises and loan agreements with the authority for the purpose of
developing energy resources or preventing or reducing pollution or the
disposal of solid waste or sewage or providing water facilities or
resource recovery facilities. (L. 1985 H.B. 807)

No member of the state environmental improvement and energy
resources authority or any authorized person executing any notes or bonds
authorized under sections 260.005 to 260.125 shall be liable personally
on the notes or bonds or be subject to any personal liability or
accountability by reason of the issuance of such notes or bonds. (L. 1976
S.B. 469, A.L. 1982 S.B. 506)

Effective 4-30-82

The provisions of sections 260.005 to 260.125 shall prevail in
the case of any conflict between sections 260.005 to 260.125 and any
other provision of law, but any powers, duties and functions granted
under the provisions of sections 260.005 to 260.125 shall be deemed to be
in addition to and not in derogation of any power, duty or function
granted under the provisions of any other law. (L. 1976 S.B. 469, A.L.
1982 S.B. 506)

Effective 4-30-82

1. All loans authorized under section 260.035 for the
development of energy resources shall be made only upon determination by
the authority that loans are not otherwise available, either wholly or in
part, from private lenders upon reasonably equivalent terms and
conditions. No commitment for a loan shall be made unless all plans for
development have been completed and submitted to and found to be
satisfactory by the authority.

2. The authority shall charge a reasonable fee on all loans not federally
insured to insure such loans. The proceeds of such fees shall be
deposited in a separate fund to be known as the "Energy Resources Insured
Loan Fund". The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue. This fund shall be deposited when
received in a bank approved for deposit of state funds. No moneys shall
be withdrawn from the fund unless it is to be used for the purchase of
loan insurance or to pay for any losses on such loans. (L. 1982 S.B. 506)

Effective 4-30-82

1. The authority may set, from time to time, the interest rates
at which it shall make loans, keeping its interest rates at the lowest
level consistent with its cost of operation and its responsibilities to
the holders of its bonds, bond anticipation notes, and other
responsibilities.

2. The ratio of loan to project cost and the amortization period of loans
made by the authority shall be determined in accordance with regulations
promulgated by the authority. (L. 1982 S.B. 506)

Effective 4-30-82

1. If any provision of sections 260.005 to 260.125 is found by a
court of competent jurisdiction to be unconstitutional, the remaining
provisions of sections 260.005 to 260.125 are valid unless the court
finds the valid provisions of the statute are so essentially and
inseparably connected with, and so dependent upon, the valid provision
that the valid provisions, standing alone, are incomplete and are
incapable of being executed. It is the intent of the Missouri general
assembly that the valid provisions of sections 260.005 to 260.125 shall
remain valid so long as they can so stand alone.

2. General revenue funds shall not be used to carry out the provisions of
sections 260.005 to 260.125. (L. 1982 S.B. 506)

Effective 4-30-82

1. The following words and phrases when used in sections 260.200
to 260.345 shall mean:

(1) "Alkaline-manganese battery" or "alkaline battery", a battery having
a manganese dioxide positive electrode, a zinc negative electrode, an
alkaline electrolyte, including alkaline-manganese button cell batteries
intended for use in watches, calculators, and other electronic products,
and larger-sized alkaline-manganese batteries in general household use;

(2) "Button cell battery" or "button cell", any small alkaline-manganese
or mercuric-oxide battery having the size and shape of a button;

(3) "City", any incorporated city, town, or village;

(4) "Clean fill", uncontaminated soil, rock, sand, gravel, concrete,
asphaltic concrete, cinderblocks, brick, minimal amounts of wood and
metal, and inert solids as approved by rule or policy of the department
for fill, reclamation or other beneficial use;

(5) "Closure", the permanent cessation of active disposal operations,
abandonment of the disposal area, revocation of the permit or filling
with waste of all areas and volumes specified in the permit and preparing
the area for long-term care;

(6) "Closure plan", plans, designs and relevant data which specify the
methods and schedule by which the operator will complete or cease
disposal operations, prepare the area for long-term care, and make the
area suitable for other uses, to achieve the purposes of sections 260.200
to 260.345 and the regulations promulgated thereunder;

(7) "Conference, conciliation and persuasion", a process of verbal or
written communications consisting of meetings, reports, correspondence or
telephone conferences between authorized representatives of the
department and the alleged violator. The process shall, at a minimum,
consist of one offer to meet with the alleged violator tendered by the
department. During any such meeting, the department and the alleged
violator shall negotiate in good faith to eliminate the alleged violation
and shall attempt to agree upon a plan to achieve compliance;

(8) "Demolition landfill", a solid waste disposal area used for the
controlled disposal of demolition wastes, construction materials, brush,
wood wastes, soil, rock, concrete and inert solids insoluble in water;

(9) "Department", the department of natural resources;

(10) "Director", the director of the department of natural resources;

(11) "District", a solid waste management district established under
section 260.305;

(12) "Financial assurance instrument", an instrument or instruments,
including, but not limited to, cash or surety bond, letters of credit,
corporate guarantee or secured trust fund, submitted by the applicant to
ensure proper closure and postclosure care and corrective action of a
solid waste disposal area in the event that the operator fails to
correctly perform closure and postclosure care and corrective action
requirements, except that the financial test for the corporate guarantee
shall not exceed one and one-half times the estimated cost of closure and
postclosure. The form and content of the financial assurance instrument
shall meet or exceed the requirements of the department. The instrument
shall be reviewed and approved or disapproved by the attorney general;

(13) "Flood area", any area inundated by the one hundred year flood
event, or the flood event with a one percent chance of occurring in any
given year;

(14) "Household consumer", an individual who generates used motor oil
through the maintenance of the individual's personal motor vehicle,
vessel, airplane, or other machinery powered by an internal combustion
engine;

(15) "Household consumer used motor oil collection center", any site or
facility that accepts or aggregates and stores used motor oil collected
only from household consumers or farmers who generate an average of
twenty-five gallons per month or less of used motor oil in a calendar
year. This section shall not preclude a commercial generator from
operating a household consumer used motor oil collection center;

(16) "Household consumer used motor oil collection system", any used
motor oil collection center at publicly owned facilities or private
locations, any curbside collection of household consumer used motor oil,
or any other household consumer used motor oil collection program
determined by the department to further the purposes of sections 260.200
to 260.345;

(17) "Infectious waste", waste in quantities and characteristics as
determined by the department by rule, including isolation wastes,
cultures and stocks of etiologic agents, blood and blood products,
pathological wastes, other wastes from surgery and autopsy, contaminated
laboratory wastes, sharps, dialysis unit wastes, discarded biologicals
known or suspected to be infectious; provided, however, that infectious
waste does not mean waste treated to department specifications;

(18) "Lead-acid battery", a battery designed to contain lead and sulfuric
acid with a nominal voltage of at least six volts and of the type
intended for use in motor vehicles and watercraft;

(19) "Major appliance", clothes washers and dryers, water heaters, trash
compactors, dishwashers, conventional ovens, ranges, stoves, woodstoves,
air conditioners, refrigerators and freezers;

(20) "Mercuric-oxide battery" or "mercury battery", a battery having a
mercuric-oxide positive electrode, a zinc negative electrode, and an
alkaline electrolyte, including mercuric-oxide button cell batteries
generally intended for use in hearing aids and larger size mercuric-oxide
batteries used primarily in medical equipment;

(21) "Minor violation", a violation which possesses a small potential to
harm the environment or human health or cause pollution, was not
knowingly committed, and is not defined by the United States
Environmental Protection Agency as other than minor;

(22) "Motor oil", any oil intended for use in a motor vehicle, as defined
in section 301.010, RSMo, train, vessel, airplane, heavy equipment, or
other machinery powered by an internal combustion engine;

(23) "Motor vehicle", as defined in section 301.010, RSMo;

(24) "Operator" and "permittee", anyone so designated, and shall include
cities, counties, other political subdivisions, authority, state agency
or institution, or federal agency or institution;

(25) "Permit modification", any permit issued by the department which
alters or modifies the provisions of an existing permit previously issued
by the department;

(26) "Person", any individual, partnership, corporation, association,
institution, city, county, other political subdivision, authority, state
agency or institution, or federal agency or institution;

(27) "Postclosure plan", plans, designs and relevant data which specify
the methods and schedule by which the operator shall perform necessary
monitoring and care for the area after closure to achieve the purposes of
sections 260.200 to 260.345 and the regulations promulgated thereunder;

(28) "Recovered materials", those materials which have been diverted or
removed from the solid waste stream for sale, use, reuse or recycling,
whether or not they require subsequent separation and processing;

(29) "Recycled content", the proportion of fiber in a newspaper which is
derived from postconsumer waste;

(30) "Recycling", the separation and reuse of materials which might
otherwise be disposed of as solid waste;

(31) "Resource recovery", a process by which recyclable and recoverable
material is removed from the waste stream to the greatest extent
possible, as determined by the department and pursuant to department
standards, for reuse or remanufacture;

(32) "Resource recovery facility", a facility in which recyclable and
recoverable material is removed from the waste stream to the greatest
extent possible, as determined by the department and pursuant to
department standards, for reuse or remanufacture;

(33) "Sanitary landfill", a solid waste disposal area which accepts
commercial and residential solid waste;

(34) "Scrap tire", a tire that is no longer suitable for its original
intended purpose because of wear, damage, or defect;

(35) "Scrap tire collection center", a site where scrap tires are
collected prior to being offered for recycling or processing and where
fewer than five hundred tires are kept on site on any given day;

(36) "Scrap tire end-user facility", a site where scrap tires are used as
a fuel or fuel supplement or converted into a useable product. Baled or
compressed tires used in structures, or used at recreational facilities,
or used for flood or erosion control shall be considered an end use;

(37) "Scrap tire generator", a person who sells tires at retail or any
other person, firm, corporation, or government entity that generates
scrap tires;

(38) "Scrap tire processing facility", a site where tires are reduced in
volume by shredding, cutting, or chipping or otherwise altered to
facilitate recycling, resource recovery, or disposal;

(39) "Scrap tire site", a site at which five hundred or more scrap tires
are accumulated, but not including a site owned or operated by a scrap
tire end-user that burns scrap tires for the generation of energy or
converts scrap tires to a useful product;

(40) "Solid waste", garbage, refuse and other discarded materials
including, but not limited to, solid and semisolid waste materials
resulting from industrial, commercial, agricultural, governmental and
domestic activities, but does not include hazardous waste as defined in
sections 260.360 to 260.432, recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting;

(41) "Solid waste disposal area", any area used for the disposal of solid
waste from more than one residential premises, or one or more commercial,
industrial, manufacturing, recreational, or governmental operations;

(42) "Solid waste fee", a fee imposed pursuant to sections 260.200 to
260.345 and may be:

(a) A solid waste collection fee imposed at the point of waste
collection; or

(b) A solid waste disposal fee imposed at the disposal site;

(43) "Solid waste management area", a solid waste disposal area which
also includes one or more of the functions contained in the definitions
of recycling, resource recovery facility, waste tire collection center,
waste tire processing facility, waste tire site or solid waste processing
facility, excluding incineration;

(44) "Solid waste management system", the entire process of managing
solid waste in a manner which minimizes the generation and subsequent
disposal of solid waste, including waste reduction, source separation,
collection, storage, transportation, recycling, resource recovery, volume
minimization, processing, market development, and disposal of solid
wastes;

(45) "Solid waste processing facility", any facility where solid wastes
are salvaged and processed, including:

(a) A transfer station; or

(b) An incinerator which operates with or without energy recovery but
excluding waste tire end-user facilities; or

(c) A material recovery facility which operates with or without
composting;

(46) "Solid waste technician", an individual who has successfully
completed training in the practical aspects of the design, operation and
maintenance of a permitted solid waste processing facility or solid waste
disposal area in accordance with sections 260.200 to 260.345;

(47) "Tire", a continuous solid or pneumatic rubber covering encircling
the wheel of any self-propelled vehicle not operated exclusively upon
tracks, or a trailer as defined in chapter 301, RSMo, except farm
tractors and farm implements owned and operated by a family farm or
family farm corporation as defined in section 350.010, RSMo;

(48) "Used motor oil", any motor oil which, as a result of use, becomes
unsuitable for its original purpose due to loss of original properties or
the presence of impurities, but used motor oil shall not include ethylene
glycol, oils used for solvent purposes, oil filters that have been
drained of free flowing used oil, oily waste, oil recovered from oil tank
cleaning operations, oil spilled to land or water, or industrial nonlube
oils such as hydraulic oils, transmission oils, quenching oils, and
transformer oils;

(49) "Utility waste landfill", a solid waste disposal area used for fly
ash waste, bottom ash waste, slag waste and flue gas emission control
waste generated primarily from the combustion of coal or other fossil
fuels;

(50) "Yard waste", leaves, grass clippings, yard and garden vegetation
and Christmas trees. The term does not include stumps, roots or shrubs
with intact root balls.

2. For the purposes of this section and sections 260.270 to 260.278 and
any rules in place as of August 28, 2005, or promulgated under said
sections, the term "scrap" shall be used synonymously with and in place
of "waste", as it applies only to scrap tires. (L. 1972 S.B. 387 § 1,
A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1988 H.B. 1207, A.L. 1990
S.B. 530, A.L. 1993 S.B. 80, et al., A.L. 1995 H.B. 81 merged with S.B.
60 & 112, A.L. 2002 S.B. 984 & 985, A.L. 2005 S.B. 225)

1. Any infectious waste transferred from the premises of the
generator shall be taken to an infectious waste processing facility that
holds a valid permit issued by the department, or a hospital as defined
in section 197.020, RSMo.

2. No infectious waste shall be placed into a solid waste disposal area
except as otherwise provided for in sections 260.200 to 260.245 unless it
has been treated or rendered innocuous by a permitted infectious waste
processing facility as provided in sections 260.200 to 260.245, or by a
hospital as defined in section 197.020, RSMo, by autoclaving,
incineration, chemical disinfection, or other methods of treatment
approved by the department. The department of health and senior services
shall promulgate rules covering the handling and treatment of infectious
waste by hospitals as defined in section 197.020, RSMo, and such rules
shall be consistent with the rules of the department under sections
260.200 to 260.245, and shall be effective no later than January 1, 1989.

3. All such wastes, when transported off the premises of the generator
shall be packaged and transported as provided by rule under sections
260.200 to 260.245, except that hospitals and small quantity generators
as defined by the department under this section may transport infectious
waste to a hospital for treatment, an infectious waste processing
facility for treatment or to a central collection point using their
employees and vehicles as long as they meet all other requirements of
sections 260.200 to 260.245 and the rules and regulations promulgated
under sections 260.200 to 260.245.

4. The department of health and senior services shall provide for a
registration process for all hospitals pursuant to the provisions of
sections 260.200 to 260.245 and section 192.005, RSMo. The process shall
include a completed and signed application on forms provided by the
department of health and senior services. The forms shall contain the
following:

(1) A statement certifying that the applicant understands and will comply
with the applicable requirements of sections 260.200 to 260.245; and

(2) Other requirements established by the department of health and senior
services.

5. Registrations shall be renewed annually.

6. Unless otherwise provided for in sections 260.200 to 260.245, any
person who treats infectious waste to the specifications of the
department of natural resources or the department of health and senior
services, and who proposes to dispose of the residue thereof in a
sanitary landfill shall properly identify the waste and shall certify to
the transporter and the sanitary landfill operator that the waste has
been rendered innocuous and may be legally placed in a sanitary landfill
pursuant to the provisions of this section. Persons found to be in
violation of this subsection shall be guilty of a class A misdemeanor.

7. Facilities permitted to treat infectious waste shall adhere to an
operation plan for the handling and treatment of infectious waste
approved by the department of natural resources as provided by rule, and
hospitals, as defined in section 197.020, RSMo, allowed to treat
infectious waste shall adhere to an operation plan for the handling and
treatment of infectious waste approved by the department of health and
senior services as provided by rule. The plan shall include, but not be
limited to, methods of handling and treating the waste, protection of
employees and the public and the maximum amount of waste which may be
handled per month. Approval for acceptance of infectious waste may be
withdrawn for noncompliance with the operation plan. No permitted
infectious waste treatment facility shall operate unless it has a solid
waste technician trained in the handling of infectious waste on site
during any treatment process. Such operator shall meet the requirements
established by the department pursuant to section 260.205.

8. Any transporter or generator who delivers infectious waste to an
infectious waste processing facility, except small quantity generators
and hospitals located in Missouri and defined in section 197.020, RSMo,
shall pay a fee of two dollars for each ton of infectious waste so
delivered. Such fees shall be collected by the infectious waste
processing facility accepting the waste and transmitted to the
department. The department shall promptly transmit funds collected under
this section to the director of the department of revenue for deposit in
the solid waste management fund. Moneys, upon appropriation, shall be
used to help pay for the administrative costs associated with infectious
waste management. Any transporter or generator who transports infectious
waste for more than three hundred miles for management in Missouri shall
pay, in addition to the charges above, an additional charge equal to ten
percent of the gross charge charged by the processing facility for the
management of such waste. Such fees shall be collected by the infectious
waste processing facility accepting the waste and transmitted to the
department which shall promptly transmit such fees to the department of
revenue for deposit in the general revenue fund.

9. Hospitals defined in chapter 197, RSMo, and located in Missouri, may
manage infectious waste generated on the premises by autoclaving,
incineration, chemical disinfection or other methods of treatment
approved by the department of health and senior services. Such hospitals
may also treat infectious waste produced by small quantity generators and
other hospitals located in Missouri upon the approval of the department
of natural resources and the department of health and senior services.
Failure of either department to respond by issuing a certification to
accept infectious waste in writing to a hospital which has filed in
writing to both departments a notice of intent to treat waste from
another hospital within ninety days constitutes approval of the
treatment. All hospitals licensed by the state of Missouri pursuant to
chapter 197, RSMo, are exempt from all taxes or fees imposed pursuant to
sections 260.350 to 260.480, provided that no more than twenty-five
percent, by weight, of the infectious waste managed by such hospitals is
produced by other generators which are not owned or operated by the
hospital.

10. Persons generating one hundred kilograms or less of infectious waste
per month are exempt from the provisions of this section except that the
department of health and senior services shall specify by rule, in
accordance with section 192.005, RSMo, infectious waste that shall be
rendered innocuous regardless of quantity. Any person who disposes of
waste exempt from the provisions of this act* in a sanitary landfill
shall certify to the transporter or the sanitary landfill operator that
the waste has been handled in a manner consistent with the law and may be
legally placed in a sanitary landfill. Rules promulgated by the
department of natural resources and the department of health and senior
services pursuant to this subsection shall be effective no later than
July 1, 1989. Persons found to be in violation of this subsection shall
be guilty of a class A misdemeanor.

11. A generator of infectious waste who operates single or multiple site
research facilities for research and experimental activities as defined
in section 174 of the 1986 Internal Revenue Code, who generates such
waste as a part of research and experimentation activities, and who
manages such waste on site, shall not be required to obtain an infectious
waste processing facility permit under this section to manage infectious
waste. The generator may accept infectious waste from other sites of the
parent research company located in Missouri but shall not accept
infectious waste from other sources and shall comply with all other
requirements and provisions of sections 260.200 to 260.245, and the rules
and regulations promulgated thereunder. The University of Missouri Ellis
Fischel Cancer Center and the other facilities of the University of
Missouri-Columbia shall be considered a multiple site research facility
for the purposes of this section.

12. Nothing in this section shall prohibit the transportation of
infectious or hazardous waste from the state of Missouri for management
in another state.

13. The department of natural resources shall establish, by rule,
inspection fees to be paid to the department by owners or operators of
commercial infectious waste incinerators. The fees shall not exceed the
costs of the inspections and shall not exceed ten thousand dollars per
year for a facility. Funds derived from these inspection fees shall be
used for the purpose of funding the inspection of commercial infectious
waste incinerators.

14. All owners or operators of commercial infectious waste incinerators
shall pay the fees, established by the department by rule, for
inspections conducted by the department pursuant to this section.

15. There is hereby created the "Infectious Waste Incinerator Inspection
Fund". All funds received from infectious waste incinerator inspection
fees shall be paid to the director of the department of revenue and
deposited in the state treasury to the credit of the infectious waste
incinerator inspection fund. Moneys from such fund shall be used by the
department of natural resources for conducting inspections at commercial
infectious waste incinerators.

16. The department shall furnish to the person, firm or corporation
operating the commercial infectious waste facility a complete, full and
detailed accounting of the cost of the department's inspection of the
facility each time the facility is inspected within thirty days after the
inspection is commenced. Failure to do so shall require the department to
refund the inspection fee. (L. 1986 S.B. 475, A.L. 1988 S.B. 535, A.L.
1992 H.B. 1732, A.L. 1993 S.B. 80, et al.)

*"This act" (S.B. 535, 1988) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

No person shall be issued a permit to operate a facility for the
treatment of infectious waste who in 1987 received a clean air permit and
thereafter operated a facility for the treatment of infectious waste by
incineration without applying for and receiving a permit as a solid waste
processing facility permitted pursuant to section 260.203 or a hazardous
waste facility permitted pursuant to sections 260.350 to 260.430. (L.
1988 S.B. 535)

Effective 5-5-88

(1990) Statute is a bill of attainder and special legislation where it
singled out for legislative punishment those who in a specified year
operated an infectious waste incinerator without particular permits but
excluded others similarly situated. Statute is unconstitutional and
invalid in its entirety. (Mo.banc) Bunker Res. Recycling & Rec. v. Mehan,
782 S.W.2d 381.

(1990) Where statute which prohibits issuance of permit to operate
infectious waste treatment facility applies only to those persons or
entities who received clean air permit in 1987, statute is a prohibited
special law under the Missouri Constitution, since no reasonable basis
existed for differential treatment of infectious waste disposers who
received clean air permits in that year. Bunker Resource Recycling and
Reclamation, Inc. v. Mehan, 782 S.W.2d 381 (Mo.banc.).

1. The owner or operator of a solid waste disposal area shall
provide for quality assurance and quality control oversight of
inspections during implementation of approved solid waste disposal area
closure, postclosure, and corrective action plans. The quality assurance
and quality control of inspections shall be conducted for conformance
with department-approved plans, specifications, operating procedures, and
monitoring programs, and for compliance with any rules or regulations
promulgated. For the purposes of this section, all quality assurance and
quality control oversight of inspections shall be conducted by a person
possessing qualifications specified in rules promulgated by the
department. The person performing quality assurance and quality control
oversight shall certify that the inspections meet all requirements of
applicable law and rules.

2. The department reserves the right to suspend, revoke, or modify the
permit if the solid waste disposal area construction or operation does
not comply with department-approved plans and specifications, operating
procedures, monitoring programs, or any rules governing its design or
operation. (L. 1995 S.B. 60 & 112)

1. The department of natural resources shall not issue a permit
to any person for the operation of any solid waste processing facility or
solid waste disposal area pursuant to sections 260.200 to 260.345 if such
person has been determined to habitually violate Missouri environmental
statutes, the environmental statutes of other states or federal statutes
pertaining to environmental control or if such person has had three or
more convictions, which convictions occurred after August 28, 1990, and
within any five-year period, within a court of the United States or of
any state other than Missouri or has had two or more convictions within
Missouri, after August 28, 1990, and within any five-year period, for any
crimes or criminal acts, an element of which involves restraint of trade,
price-fixing, intimidation of the customers of another person or for
engaging in any other acts which may have the effect of restraining or
limiting competition concerning activities regulated under this chapter
or similar laws of other states or the federal government; except that
convictions for violations by entities purchased or acquired by an
applicant or permittee which occurred prior to the purchase or
acquisition shall not be included. For the purpose of this section the
term "person" shall include any business organization or entity,
successor corporation, partnership or subsidiary of any business
organization or entity, and the owners and officers thereof, of the
entity submitting the application.

2. The director shall suspend, revoke or not renew the permit of any
person with a permit to operate any solid waste processing facility or
solid waste disposal area if such person has been determined by the
department of natural resources to habitually violate the requirements of
the Missouri environmental statutes, of the environmental statutes of
other states, or of federal statutes pertaining to environmental control,
or if such person has had three or more convictions in any court of the
United States or of any state other than Missouri or has had two or more
convictions within Missouri of crimes as specified herein, if such
convictions occur after August 28, 1990, and within any five-year period.

3. Any person applying for a permit to operate any facility pursuant to
sections 260.200 to 260.345 shall notify the director of any conviction
for a crime which would have the effect of limiting competition. Any
person holding a permit shall notify the department of any such
conviction of any crime as specified herein within thirty days of the
conviction. Failure to notify the director is a class D felony and
subject to a fine of one thousand dollars per day for each day unreported.

4. Any person who has had a permit denied, revoked or not renewed due to
the provisions of this section may apply to the director for
reinstatement after five years have elapsed from the time of the most
recent conviction. (L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112)

No city, county, district, authority or other political
subdivision of this state shall enter into a contract or other
arrangement for solid waste management services with any person who has
been convicted as set out in section 260.207, which convictions occur
after August 28, 1990, and within any five-year period, except that the
prohibitions of this section shall not apply to any person convicted as
provided in section 260.207 after five years have elapsed from the most
recent conviction. Any person submitting a bid to a city, county,
district, authority or other political subdivision for a contract to
provide solid waste management services who, after August 28, 1990, has
been convicted of crimes which have the effect of limiting competition as
set out in section 260.207, shall notify the city, county, district,
authority or other political subdivision of such conviction with the
submission of the bid. Any person with a contract for solid waste
management services with a city, county, district, authority or other
political subdivision of this state who is convicted of crimes which
would have the effect of limiting competition as set out in section
260.207, shall notify the city, county, district, authority or other
political subdivision of such conviction within thirty days of the
conviction. Failure to notify the city, county, district, authority, or
other political subdivision as required in this section is a class D
felony and subject to a fine of one thousand dollars per day for each day
unreported. (L. 1990 S.B. 530)

1. Any district, city or county that acquires real or personal
property in another incorporated city or in an unincorporated area of a
county, by condemnation, purchase, gift, lease, sale or otherwise to
establish, operate, maintain, construct, improve, own, control or
regulate waste to energy plants, incinerators, recycling centers,
processing plants, composting areas, transfer stations, solid waste
processing facilities, solid waste disposal area, treatment facilities,
storage facilities, or other management areas, shall be subject to and
comply with any and all zoning ordinances of the city in which such
acquisition was made or if such acquisition is located within an
unincorporated area of a county, then such district, city or county
making the acquisition shall be subject to and comply with all zoning
requirements and ordinances of the county in which the acquisition was
made.

2. After August 28, 1999, no political subdivision shall be granted any
permit, license, or grant of authority to own, operate or control any
land outside its boundaries and used for any purpose subject to
regulation pursuant to sections 260.200 to 260.345 without meeting the
zoning requirements of the political subdivision in which the land is
located in effect on the date of application. (L. 1990 S.B. 530, A.L.
1992 H.B. 1732, A.L. 1999 H.B. 603, et al.)

1. It is unlawful for any person to:

(1) Dump or deposit, or permit dumping or depositing of any solid wastes
onto the surface of the ground or into streams, springs, and all bodies
of surface or ground water, whether natural or artificial, within the
boundaries of the state except in a solid waste processing facility or
solid waste disposal area having a permit as required by section 260.205;
provided that, this subdivision shall not prohibit the use or require a
permit for the use of solid wastes in normal farming operations or in the
processing or manufacturing of other products in a manner that will not
create a public nuisance or adversely affect the public health, and shall
not prohibit the disposal of or require a permit for the disposal by an
individual of solid wastes resulting from his or her own residential
activities on property owned or lawfully occupied by him or her when such
wastes do not thereby create a public nuisance or adversely affect the
public health;

(2) Construct or alter a solid waste processing facility or solid waste
disposal area of a solid waste management system without approval from
the department;

(3) Conduct any solid waste burning operations in violation of the rules
and regulations of the Missouri air conservation commission or the
department;

(4) Except as otherwise provided, store, collect, transport, process, or
dispose of solid waste in violation of the rules, regulations or orders
of the department or in such a manner as to create a public nuisance or
adversely affect the public health; or

(5) Refuse entry or access, requested for purposes of inspecting solid
waste processing facilities or solid waste disposal areas, to an agent or
employee of the department who presents appropriate credentials, or
hinder the agent or employee in carrying out the inspection. A suitably
restricted search warrant, upon a showing of probable cause in writing
and upon oath, shall be issued by any circuit or associate circuit judge
having jurisdiction to any such agent or employee for the purpose of
enabling him to make such inspection.

2. Information obtained from waste disposed or deposited in violation of
this section may be a rebuttable presumption that the person so
identified committed the violation of sections 260.200 to 260.345. If the
operator or passenger of any vehicle is witnessed by a peace officer or
employee of the department of natural resources to have violated the
provisions of this section and the identity of the operator is not
determined or otherwise apparent, it may be a rebuttable presumption that
the person in whose name such vehicle is registered committed the
violation.

3. No person shall be held responsible pursuant to this section for the
dumping or depositing of any solid waste on land owned or lawfully
occupied by him or her without his or her express or implied consent,
permission or knowledge.

4. The department shall investigate reports of the dumping or depositing
of solid waste or demolition waste in a manner contrary to the
requirements of sections 260.200 to 260.345. The department shall
immediately issue a cease and desist order if it determines that any
person has been or is dumping or depositing solid waste or demolition
waste, or has allowed the dumping or disposal of solid waste or
demolition waste or has received compensation for same, in a manner
contrary to sections 260.200 to 260.345. The department shall order the
owner of the property or the person placing solid waste or demolition
waste thereon, or both, to remove all solid waste from the premises if it
determines that the waste might be reasonably expected to cause a public
nuisance or health hazard.

5. The department shall order a site cleaned up pursuant to the
provisions of section 260.230, when it determines that the property owner
or the operator has accepted remuneration or otherwise benefited
financially for placing solid waste or demolition waste in or on the site
in contravention of this section. Persons who knowingly haul solid waste
or demolition waste to a site which is operating without a permit,
persons who operate such a site and persons who own the property where
the solid waste or demolition waste is being dumped or deposited shall be
jointly and severally liable for cleanup costs and any damage to third
parties caused by the dumping or disposing of solid waste or demolition
waste on the property if the owner or operator has accepted remuneration
or otherwise benefited financially from such disposal. The provisions of
sections 260.230 and 260.240, relating to the issuance of orders, shall
be applicable to an action pursuant to this section. Any person aggrieved
by any action of the department pursuant to this section may appeal in
the manner provided in section 260.235. Any person may bring civil action
for actual and exemplary damages against the responsible party if the
person has sustained injury due to violations of this section.

6. Notwithstanding subsection 1 of section 260.250, any solid waste
disposal area or solid waste processing facility serving a city with a
population of more than four hundred thousand inhabitants may accept yard
waste commingled with solid waste that results from an illegal dump
cleanup activity or program conducted by the local government of such
city pursuant to this section. The local government of such city shall
provide certification to the solid waste disposal area or solid waste
processing facility that the origin of the yard waste is from the cleanup
of illegally dumped solid waste.

7. Any person who engages in building construction, modification or in
construction, modification or demolition which produces demolition waste,
in types and quantities established by the department, shall dispose of
such waste in a demolition or sanitary landfill or other authorized sites
as provided by rule. Each such person shall maintain records of sites
used for demolition disposal for a period of one year. These records
shall be made available to the department upon request.

8. Cities and counties which issue building permits shall reprint the
following on each permit or on a separate notice:

"Notice: The disposal of demolition waste is regulated by the department
of natural resources pursuant to chapter 260, RSMo. Such waste, in types
and quantities established by the department, shall be taken to a
demolition landfill or a sanitary landfill for disposal."

9. A demolition landfill may accept clean fill, waste resulting from
building or demolishing structures and all other waste not required to be
placed in a sanitary landfill or a hazardous waste disposal facility for
final disposition.

10. Notwithstanding subsection 7 of this section, certain wastes may be
disposed of as provided by this subsection:

(1) A person engaged in any activity which produces clean fill may use
such material for fill, reclamation or other beneficial purposes on his
or her own property or on the property of another person with the
permission of the owner of such property, provided that such use does not
violate any state law or local ordinance or order;

(2) A person engaged in any activity which produces wood waste may reuse
or recycle such waste or may dispose of wood waste on the site where
generated if such disposal is in compliance with applicable state law or
local ordinances or orders;

(3) A person who engages in clearance, trimming or removal of trees,
brush or other vegetation may use wood wastes from such activities for
beneficial purposes including, but not limited to, firewood, ground
cover, erosion control, mulch, compost or cover for wildlife. (L. 1972
S.B. 387 § 3, A.L. 1975 S.B. 98, A.L. 1978 H.B. 1634, A.L. 1990 S.B. 530,
A.L. 2000 H.B. 1238)

1. A person commits the offense of criminal disposition of
demolition waste in the first degree if he purposely or knowingly
disposes of or causes the disposal of more than two thousand pounds or
four hundred cubic feet of such waste in violation of section 260.210.
Demolition waste shall not include clean fill or vegetation. Criminal
disposition of demolition waste in the first degree is a class A
misdemeanor. In addition to other penalties prescribed by law, a person
convicted of criminal disposition of demolition waste in the first degree
is subject to a fine not to exceed twenty thousand dollars, except as
provided below. The magnitude of the fine shall reflect the seriousness
or potential seriousness of the threat to human health and the
environment posed by the violation, but shall not exceed twenty thousand
dollars, except that if a court of competent jurisdiction determines that
the person responsible for illegal disposal of demolition waste under
this subsection did so for remuneration as a part of an ongoing
commercial activity, the court shall set a fine which reflects the
seriousness or potential threat to human health and the environment which
at least equals the economic gain obtained by the person, and such fine
may exceed the maximum established herein.

2. The court shall order any person convicted of illegally disposing of
demolition waste upon his own property for remuneration to clean up such
waste and, if he fails to clean up the waste or if he is unable to clean
up the waste, the court may notify the county recorder of the county
containing the illegal disposal site. The notice shall be designed to be
recorded on the record.

3. Any person who pleads guilty or is convicted of criminal disposition
of demolition waste in the first degree a second or subsequent time shall
be guilty of a class D felony, and subject to the penalties provided in
subsection 1 of this section in addition to those penalties prescribed by
law.

4. A person commits the offense of criminal disposition of demolition
waste in the second degree if he purposely or knowingly disposes of or
causes the disposal of less than the amount of demolition waste specified
in subsection 1 of this section in violation of section 260.210. Criminal
disposition of demolition waste in the second degree is a class C
misdemeanor.

5. In addition to other penalties prescribed by law, a person convicted
of criminal disposition of demolition waste in the second degree is
subject to a fine, and the magnitude of the fine shall reflect the
seriousness or potential seriousness of the threat to human health and
the environment posed by the violation, but shall not exceed two thousand
dollars.

6. Any person who pleads guilty or is convicted of criminal disposition
of demolition waste in the second degree a second or subsequent time
shall be guilty of a class D felony, and subject to the penalties
provided in subsection 5 of this section in addition to those penalties
prescribed by law.

7. The court may order restitution by requiring any person convicted
under this section to clean up any demolition waste he illegally dumped
and the court may require any such person to perform additional community
service by cleaning up and properly disposing of demolition waste
illegally dumped by other persons.

8. The prosecutor of any county or circuit attorney of any city not
within a county may, by information or indictment, institute a
prosecution for any violation of the provisions of this section. (L. 1990
S.B. 530)

CROSS REFERENCE: Duty of prosecuting attorney, RSMo 577.071

1. A person commits the offense of criminal disposition of solid
waste in the first degree if he purposely or knowingly disposes of or
causes the disposal of more than five hundred pounds or one hundred cubic
feet of commercial or residential solid waste on any property in this
state other than a sanitary landfill in violation of section 260.210.
Criminal disposition of solid waste in the first degree is a class A
misdemeanor. In addition to other penalties prescribed by law, a person
convicted of criminal disposition of solid waste in the first degree is
subject to a fine, and the magnitude of the fine shall reflect the
seriousness or potential seriousness of the threat to human health and
the environment posed by the violation, but shall not exceed twenty
thousand dollars, except that if a court of competent jurisdiction
determines that the person responsible for illegal disposal of solid
waste under this subsection did so for remuneration as a part of an
ongoing commercial activity, the court shall set a fine which reflects
the seriousness or potential threat to human health and the environment
which at least equals the economic gain obtained by the person, and such
fine may exceed the maximum established herein.

2. The court shall order any person convicted of illegally disposing of
solid waste upon his own property for remuneration to clean up such waste
and, if he fails to clean up the waste or if he is unable to clean up the
waste, the court may notify the county recorder of the county containing
the illegal disposal site. The notice shall be designed to be recorded on
the record.

3. Any person who pleads guilty or is convicted of criminal disposition
of solid waste in the first degree a second or subsequent time shall be
guilty of a class D felony. If a court of competent jurisdiction
determines that the person responsible for illegal disposal of solid
waste under this subsection did so for remuneration as a part of an
ongoing commercial activity, the court shall set a fine which reflects
the seriousness or potential threat to human health and the environment
which equals at least three times the economic gain obtained by the
person, and such fine may exceed the maximum established in this section.

4. A person commits the offense of criminal disposition of solid waste in
the second degree if he purposely or knowingly disposes of or causes the
disposal of less than the amount of commercial or residential solid waste
specified in subsection 1 of this section on any property in this state
other than a permitted sanitary landfill in violation of section 260.210.
Criminal disposition of solid waste in the second degree is a class C
misdemeanor.

5. In addition to other penalties prescribed by law, a person convicted
of criminal disposition of solid waste in the second degree is subject to
a fine, and the magnitude of the fine shall reflect the seriousness or
potential seriousness of the threat to human health and the environment
posed by the violation, but shall not exceed two thousand dollars.

6. Any person who pleads guilty or is convicted of criminal disposition
of solid waste in the second degree a second or subsequent time shall be
guilty of a class D felony. If a court of competent jurisdiction
determines that the person responsible for illegal disposal of solid
waste under this subsection did so for remuneration as a part of an
ongoing commercial activity, the court shall set a fine which reflects
the seriousness or potential threat to human health and the environment
which equals at least three times the economic gain obtained by the
person, and such fine may exceed the maximum established in this
subsection.

7. The court may order restitution by requiring any person convicted
under this section to clean up any commercial or residential solid waste
he illegally dumped and the court may require any such person to perform
additional community service by cleaning up commercial or residential
solid waste illegally dumped by other persons.

8. The prosecutor of any county or circuit attorney of any city not
within a county may, by information or indictment, institute a
prosecution for any violation of the provisions of this section.

9. Any person shall be guilty of conspiracy as defined in section
564.016, RSMo, if he knows or should have known that his agent or
employee has committed the acts described in sections 260.210 to 260.212
while engaged in the course of employment. (L. 1990 S.B. 530)

CROSS REFERENCE: Duty of prosecuting attorney, RSMo 577.071

No person may knowingly sell, convey or transfer title to any
property that contains a permitted or unpermitted solid waste disposal
site or demolition landfill, without disclosing to the buyer early in the
negotiation process the existence and location of the site. The seller
shall also notify the buyer that he may be assuming liability to the
state for any remedial action at the site, except that the sale,
conveyance or transfer of property shall not absolve any person
responsible for the illegal disposition of solid waste, including the
seller, of liability for any remedial action at the site. (L. 1990 S.B.
530)

1. Except as provided in subsection 4 of this section, each city
and each county or a combination of cities and counties shall provide
individually or collectively for the collection and disposal of solid
wastes for those areas within its boundaries that are to be served by the
solid waste management system; shall be responsible for implementing
their approved plan required by section 260.220 as it relates to the
storage, collection, transportation, processing, and disposal of their
solid wastes; and may purchase all necessary equipment, acquire all
necessary land, build any necessary buildings, incinerators, transfer
stations, or other structures, lease or otherwise acquire the right to
use land or equipment. Each city and county may levy and collect charges
for the necessary cost of providing such services, and may levy an annual
tax not to exceed ten cents on the one hundred dollars assessed
valuation, as authorized by article X, section 11(c), of the constitution
for public health purposes to implement a plan for solid waste
management, and to do all other things necessary to provide for a proper
and effective solid waste management system; except that, the county may
not levy a service charge or annual tax upon the inhabitants of any
incorporated city, town or village that has an approved plan for solid
waste management, unless the city, town or village contracts with the
county for solid waste management and consents to the county service
charge or tax levy. The tax or service charge authorized by this section
shall not be levied if the tax or service charge is levied pursuant to
some other provision of law, but if a tax is levied for the operation of
a sanitary landfill and such tax is less than the maximum amount
authorized by this section, a tax in an amount equal to the difference
between such tax and that authorized in this section may be levied and
collected.

2. Any city or county may adopt ordinances or orders, rules, regulations,
or standards for the storage, collection, transportation, processing or
disposal of solid wastes which shall be in conformity with the rules and
regulations adopted by the department for solid waste management systems.
Nothing in sections 260.200 to 260.245 shall usurp the legal right of a
city or county from adopting and enforcing local ordinances, rules,
regulations, or standards for the storage, collection, transportation,
processing, or disposal of solid wastes equal to or more stringent than
the rules or regulations adopted by the department pursuant to sections
260.200 to 260.245. Any county or city which adopts orders or ordinances
for the management of solid waste shall ensure that such orders or
ordinances provide for safe and adequate management of solid waste
pursuant to an approved plan under section 260.220 and are not
substantially inconsistent with the requirements of sections 260.200 and
260.245 and the rules and regulations promulgated pursuant thereto.

3. (1) Cities or counties may contract as provided in chapter 70, RSMo,
with any person, city, county, common sewer district, political
subdivision, state agency or authority in this or other states to carry
out their responsibilities for the storage, collection, transportation,
processing, or disposal of solid wastes.

(2) The board of trustees of any common sewer district incorporated
pursuant to sections 204.250 to 204.470, RSMo, may petition the circuit
court of the judicial circuit in which is located the county containing
the largest portion of the land area in the district to amend the decree
of incorporation to permit the common sewer district to engage in the
construction, operation and maintenance of a solid waste disposal
facility to serve properties within the common sewer district. The
petition shall be filed by the board of trustees and all proceedings
shall be conducted in the same manner as in an action for the initial
formation of a common sewer district pursuant to sections 204.250 to
204.470, RSMo, except that no vote of the residents of the district shall
be required. The construction, operation and maintenance of a solid waste
disposal facility by a common sewer district shall comply with the
provisions of sections 204.250 to 204.470, RSMo, in the same manner as
they shall comply to like functions relating to sewer facilities, and
comply with the provisions of this chapter relating to solid waste
disposal.

4. (1) Nothing contained in this section and section 260.220 shall apply
to any unincorporated area in all second, third and fourth class counties
or any county of the first class with a population of less than one
hundred thousand in accordance with the most recent decennial census or
to any incorporated city having a population of five hundred or less
located in such counties; except that any exempted city, village or
county may, after public hearing held on not less than twenty days'
public notice by publishing a copy of the notice in some newspaper
qualified to publish legal notices under chapter 493, RSMo, and having a
general circulation within the city, village or county once each week for
three consecutive weeks, elect through its governing body to purchase
equipment, acquire land, build buildings, incinerators, transfer stations
or other structures, lease or otherwise acquire the right to use land or
equipment, levy and collect charges for services, levy an annual tax, and
do all other things necessary to provide for a proper and effective solid
waste management system, as provided in subsection 1 of this section, and
may adopt ordinances, rules, regulations or standards as provided in
subsection 2 of this section, and may contract as provided in subsection
3 of this section.

(2) No city or county shall be required itself to operate or contract for
the operation of solid waste collection, transportation or disposal
services, or to collect service charges therefor, except to the extent
that the department finds after public notice and public hearing, that
privately owned and operated services are not reasonably available on a
voluntary basis by contract or otherwise, or that the use of or failure
to use such privately owned services has substantially endangered the
public health or has resulted in a substantial public nuisance. Upon such
a finding by the department, such city or county shall itself operate or
contract for the operation of such solid waste collection, transportation
and disposal services as may be reasonably necessary to remedy such
danger to the public health or to abate such public nuisance, until such
city or county, by its solid waste management plan, demonstrates that the
storage, collection, transportation, processing and disposal of solid
wastes will by other means be carried out in a manner which protects the
public health, prevents the creation of public nuisances, and prevents
the pollution of the land, air and water of the state. Any person
aggrieved by the finding of the department, including any city or county
or any privately owned or operated service, may appeal as provided in
chapter 536, RSMo.

5. Any city or county which establishes a service charge for solid waste
collection services shall state the service charge separately from any
other charge of any kind. No city or county shall withhold, or authorize
the withholding of, any other utility service for failure to collect the
separately stated service charge.

6. Any city or county may contract with any municipal utility, investor
owned utility, REA co-op, public water supply district, county sewer
district, or any other type of utility to collect monthly service fees
for the collection of solid waste. (L. 1972 S.B. 387 § 4, A.L. 1975 S.B.
98, A.L. 1986 S.B. 475, A.L. 1987 H.B. 384 Revision, A.L. 1988 H.B. 1207,
A.L. 1992 H.B. 1732)

Effective 6-19-92

(1976) This section allows imposition of a "charge" in addition to a tax
and a two dollar and forty-five cent charge made to persons not using the
service is not a tax and does not require a vote. Craig v. City of Macon
(Mo.), 543 S.W.2d 772.

(2000) Section allows counties to regulate the location of solid waste
facilities. L.C. Development Company, Inc. v. Lincoln County, 26 S.W.3d
336 (Mo.App.E.D.).

No person shall place in excess of one half of a cubic foot of
solid waste, as defined in section 260.200, RSMo, in any receptacle owned
or used by any other person for the storage of solid waste prior to
pickup and disposal in a solid waste disposal area or sanitary landfill
without the permission of the owner or user of such receptacle or unless
the receptacle is for public use. Any person who violates this section
shall be guilty of an infraction. (L. 1992 H.B. 1732 § 1)

*Transferred 1993; formerly 578.155

1. Except as otherwise provided by subsection 4 of section
260.215, on or before January 1, 1976, each county and city shall submit
to the department an officially adopted plan for a solid waste management
system or systems serving areas within its jurisdiction and shall, from
time to time, submit each such revision of said plan as it deems
necessary or as the department may require, but this provision shall not
prohibit cities and counties to contract as provided in chapter 70, RSMo,
for development and submission of a joint plan or to authorize their
respective regional planning commission to develop and submit the
required plan.

2. Every plan shall:

(1) Delineate areas within the jurisdiction of the political subdivision
where solid waste management systems are in existence and areas where the
solid waste management systems are planned to be available within a
ten-year period;

(2) Reasonably conform to the rules and regulations adopted by the
department for implementation of sections 260.200 to 260.245;

(3) Provide for the orderly extension of solid waste management systems
in a manner consistent with the needs and plans of the whole area, and in
a manner which will minimize pollution of the waters or air of the state,
prevent public nuisances or health hazards and shall otherwise provide
for the safe and sanitary disposal of solid waste;

(4) Take into consideration existing comprehensive plans, population
trend projections, engineering and economics so as to delineate with
practicable precision those portions of the area which may reasonably be
expected to be served by a solid waste management system;

(5) Take into consideration existing acts and regulations affecting the
development, use and protection of air, water or land resources;

(6) Establish a time schedule and proposed method of financing for the
development, construction and operation of the planned solid waste
management systems together with the estimated cost thereof; and

(7) Include such other reasonable information as the department shall
require.

3. The plan shall be reviewed by appropriate official planning agencies
within the area covered by the plan for consistency with programs of
comprehensive planning for the area, and all such reviews shall be
transmitted to the department with the proposed plan.

4. In the event any plan or part thereof is disapproved, the department
shall furnish any and all reasons for such disapproval, and any city,
county, or regional planning commission whose plan is disapproved shall
within sixty days revise and resubmit the plan for approval or may
request a hearing in accordance with section 260.235.

5. The department may provide technical assistance to counties, cities,
and regional planning commissions in coordinating plans for solid waste
management systems required by sections 260.200 to 260.245, including
revisions of such plans.

6. The director may institute appropriate action under section 260.230 to
compel submission of plans in accordance with sections 260.200 to 260.245
and the rules and regulations adopted pursuant to sections 260.200 to
260.245. (L. 1972 S.B. 387 § 5, A.L. 1975 S.B. 98)

1. The department shall administer sections 260.200 to 260.345
to maximize the amount of recovered materials and to minimize disposal of
solid waste in sanitary landfills. The department shall, through its
rules and regulations, policies and programs, encourage to the maximum
extent practical, the use of alternatives to disposal. To accomplish
these objectives, the department shall:

(1) Administer the state solid waste management program pursuant to the
provisions of sections 260.200 to 260.345;

(2) Cooperate with appropriate federal, state, and local units of
government of this or any other state, and with appropriate private
organizations in carrying out its authority under sections 260.200 to
260.345;

(3) Promulgate and adopt, after public hearing, such rules and
regulations relating to solid waste management systems as shall be
necessary to carry out the purposes and provisions of sections 260.200 to
260.345;

(4) Develop a statewide solid waste management plan in cooperation with
local governments, regional planning commissions, districts, and
appropriate state agencies;

(5) Provide technical assistance to cities, counties, districts, and
authorities;

(6) Develop and conduct a mandatory solid waste technician training
course of study;

(7) Conduct and contract for research and investigations in the overall
area of solid waste storage, collection, recycling, recovery, processing,
transportation and disposal, including, but not limited to, new and novel
procedures;

(8) Subject to appropriation by the general assembly, establish criteria
for awarding state-funded solid waste management planning grants to
cities, counties, and districts, allocate funds, and monitor the proper
expenditure of funds;

(9) Issue such permits and orders and conduct such inspections as may be
necessary to implement the provisions of sections 260.200 to 260.345 and
the rules and regulations adopted pursuant to sections 260.200 to 260.345;

(10) Initiate, conduct and support research, demonstration projects, and
investigations with applicable federal programs pertaining to solid waste
management systems;

(11) Contract with cities, counties, districts and other persons to act
as its agent in carrying out the provisions of sections 260.200 to
260.345 under procedures and conditions as the department shall prescribe.

2. The department shall prepare model solid waste management plans
suitable for rural and urban areas which may be used by districts,
counties and cities. In preparing the model plans, the department shall
consider the findings and recommendations of the study of resource
recovery conducted pursuant to section 260.038, and other relevant
information. The plans shall conform with the requirements of section
260.220 and section 260.325 and shall:

(1) Emphasize waste reduction and recycling;

(2) Provide for economical waste management through regional cooperation;

(3) Be designed to achieve a reduction of forty percent in solid waste
disposed, by weight, by January 1, 1998;

(4) Establish a means to measure the amount of reduction in solid waste
disposal;

(5) Provide for the elimination of small quantities of hazardous waste,
including household hazardous waste, from the solid waste stream; and

(6) Be designed to guide planning in districts, cities and counties
including cities and counties not within a district.

3. The model plan shall be distributed to the executive board of each
solid waste district and to counties and cities not within a district by
December 1, 1991.

4. No rule or portion of a rule promulgated under the authority of
sections 260.200 to 260.345 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo.

5. In coordination with other appropriate state agencies, including, but
not limited to, the division of commerce and industrial development, the
office of administration, the environmental improvement and energy
resource authority, and the public service commission, the department
shall perform the following duties in order to promote resource recovery
in the state in ways which are economically feasible:

(1) Identify markets for recovered materials and for energy which could
be produced from solid waste and household hazardous waste;

(2) Provide technical assistance pertaining to all aspects of resource
recovery to cities, counties, districts, industries and other persons;

(3) Identify opportunities for resource recovery programs in state
government and initiate actions to implement such programs;

(4) Expand state contracts for procurement of items made from recovered
materials;

(5) Initiate recycling programs within state government;

(6) Provide a clearinghouse of consumer information regarding the need to
support resource recovery, utilize and develop new resource recovery
programs around existing enterprises, request and purchase recycled
products, participate in resource conservation activities and other
relevant issues;

(7) Identify barriers to resource recovery and resource conservation, and
propose remedies to these barriers; and

(8) Initiate activities with appropriate state and local entities to
develop markets for recovered materials. (L. 1972 S.B. 387 § 6, A.L. 1975
S.B. 98, A.L. 1986 S.B. 475, A.L. 1988 S.B. 535, A.L. 1990 S.B. 530, A.L.
1993 S.B. 52, A.L. 1995 S.B. 3)

(1997) Section declared unconstitutional pursuant to article II, section
1 and article III, sections 21 and 31 of the Missouri Constitution.
Missouri Coalition for the Environment v. Joint Committee on
Administrative Rules, 948 S.W.2d 125 (Mo.banc).

1. Each operator of a solid waste disposal area shall insure
that the area is properly closed upon cessation of operations. Each
operator shall submit a closure plan with the application for a permit.
Operators of currently permitted sanitary landfills shall submit a
closure plan within one year from August 13, 1986. The plan, as approved
by the department, shall include at least the following:

(1) A description of how and when the area will be closed and, if
applicable, a description of plans for closing portions of the area
during the operational life of the area;

(2) A written estimate, in current dollars, of the cost of closure of the
total area and, if applicable, an estimate of the cost of closing
portions of the area during the operational life of the area in
accordance with sections 260.200 to 260.245. The estimate shall equal the
cost of closure at the time in the area's life when the extent and manner
of its operation would make closure the most expensive unless the closure
plan demonstrates that the most expensive closure can be avoided in which
case the estimate shall equal the cost of closure based upon the closure
plan.

2. The operator shall amend the closure plan whenever changes in
operating plans, area design or closure costs affect the closure plan.
When the operator requests a permit modification to authorize a change in
operating plans or area design, he shall request a modification of the
closure plan at the same time.

3. The operator shall notify the department at least one hundred eighty
days prior to the date he expects to begin closure. Closure shall begin
within thirty days after the date on which the operator receives the
final volume of waste.

4. The permittee shall provide a financial assurance instrument in such
amount and form as prescribed by the department to insure that, upon
abandonment, cessation or interruption of the operation of the area, an
approved closure plan is completed. Operators of currently permitted
disposal areas shall provide a suitable financial assurance instrument
prior to January 1, 1988. Any interest which accrues to any financial
assurance instrument established pursuant to this section shall remain
with that instrument and shall be applied against the operator's
obligation under this section until the instrument is released by the
department as provided in subsection 5 of this section.

5. The department shall inspect a solid waste disposal area, or some
portion thereof as specified in the closure plan, when notified by the
operator that the area has been closed. If the inspection reveals that
the approved closure plan has been properly effected, the director shall
authorize the release, or proportional release, of the financial
instrument required under this section.

6. Operators of a solid waste disposal area as part of a permit issued
under sections 444.500 to 444.905, RSMo, shall not be required to submit
closure and post-closure plans or provide the financial assurance
instruments required under this act*. (L. 1986 S.B. 475)

*"This act" (S.B. 475, 1986) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. The operator of a sanitary landfill shall be responsible for
postclosure monitoring and care to ensure that the area does not present
a threat to the public health or the environment. The department may
require the operator of other solid waste disposal areas to be
responsible for postclosure monitoring and care. The operator shall
provide proper care for the area for thirty years after closure;
provided, however, that the department may shorten or extend the
postclosure period. The operator must demonstrate that the site does not
and in all likelihood will not present a threat to public health or the
environment to reduce the postclosure period. The department may extend
the postclosure period if it finds that site conditions warrant an
extension unless the operator demonstrates that the area does not and in
all likelihood will not present a threat to public health or the
environment.

2. Each operator required to submit a postclosure plan shall submit the
plan with the permit application. Operators of currently permitted
sanitary landfills shall submit a postclosure plan within one year of
August 13, 1986. The postclosure plan as amended and as approved by the
department shall contain at least the following:

(1) Plans for monitoring the area after closure;

(2) The planned maintenance schedule; and

(3) An estimate of the cost of postclosure monitoring and care for the
entire postclosure period.

3. The operator shall amend this plan whenever changes in operating plans
or events occur, during the active life of the area or the postclosure
period, which affect the postclosure plan.

4. When a permit modification is requested during the active life of the
area to authorize a change in operating plans or area design, the
postclosure plan shall be subject to review.

5. As a condition of granting a permit to operate any sanitary landfill,
the department shall require the permittee to provide a financial
assurance instrument in such amount and form as prescribed by the
department to ensure the implementation of the postclosure plan. The
department may require operators of other solid waste disposal areas to
submit a financial assurance instrument to ensure the implementation of
the postclosure plan. Operators of a permitted sanitary landfill and
operators of other solid waste disposal areas designated by the
department which accept solid waste after January 1, 1987, shall provide
financial assurance for that area before January 1, 1988. Any interest
which accrues to any financial assurance instrument established pursuant
to this section shall remain with that instrument and shall be applied
against the operator's obligation under this section until the instrument
is released by the department as provided in subsection 7 of this section.

6. Prior to the issuance of a permit, operators electing to use a secured
trust, or a similar financial assurance instrument, shall deposit an
amount which is at least equal to the estimated cost of monitoring and
care for the entire permitted area for one year. The operator shall
annually deposit an amount equal to at least twice the estimated annual
postclosure monitoring and care cost until moneys in the fund equal the
estimated monitoring and care cost for the postclosure period. The
operator shall make additional contributions when subsequent changes in
the operating plan, area design or postclosure care requirements increase
the cost of postclosure monitoring and care.

7. The department shall periodically inspect solid waste disposal areas
during the postclosure period to ensure that the operator is properly
monitoring and caring for the area. The department shall review the area
upon the termination of the postclosure period.

8. The owner or operator of a sanitary or demolition landfill shall take
corrective action to mitigate threats to the public health or the
environment.

9. Once an identified release of contaminants has been determined to have
occurred, the owner or operator of a sanitary or demolition landfill
shall provide a correction action plan for remediation of groundwater
contamination, surface water contamination, or gas migration. The
department may extend the corrective action period or require alternative
measures if it finds that the remediation measures do not effectively
mitigate the threat.

10. Each owner or operator required to submit a corrective action plan as
a result of an identified release of contaminants shall submit, within
fourteen days of selecting the proposed remediation measures, the plan
and a schedule for implementing the measures for approval by the
department. Such approval or disapproval must be granted within fourteen
days of receipt by the department.

11. Within one hundred twenty days of selection of the remediation
measures, the owner or operator of a sanitary or demolition landfill
shall provide a financial assurance instrument in such amount and form as
prescribed by the department to ensure the implementation of the
corrective action plan. Any interest which accrues to any financial
assurance instrument established pursuant to this section shall remain
with that instrument and shall be applied against the operator's
obligation under this section until the instrument is released by the
department.

12. The department shall periodically inspect the sanitary or demolition
landfill during the corrective action period to ensure that the operator
is properly implementing the corrective action remediation plan. The
department shall review the area upon completion of the corrective action
measures. When the department determines that the corrective action has
been completed, the corrective action financial assurance instrument
shall be released. (L. 1986 S.B. 475, A.L. 1992 H.B. 1732, A.L. 1995 S.B.
60 & 112)

1. If the operator of a solid waste disposal area fails to
properly implement the closure or postclosure plan or the corrective
action plan required for a sanitary or demolition landfill, the director
shall order the operator to implement such plan. Such an order shall be
issued prior to closure if the department determines that the area has
not operated for a period of ninety days and implementation of the
closure plan is necessary to prevent a public nuisance or to protect the
public health.

2. The department shall give written notice to the operator of any
violation of sections 260.226 and 260.227, or noncompliance with any of
the rules and regulations promulgated by the department under sections
260.226 and 260.227. If corrective measures approved by the department
are not commenced within a specified and reasonable time, the department
shall order forfeiture of all or that part of the operator's collateral
necessary to implement the closure and postclosure and corrective action
plans. Any operator aggrieved by a forfeiture order may appeal as
provided in section 260.235. Forfeited collateral shall be placed into
the general revenue fund to be appropriated to and expended by the
department to implement the closure and postclosure plans. If the
operator's financial assurance instrument is insufficient for
implementation of the closure and postclosure and corrective action
plans, the department shall institute a civil action in a court of
competent jurisdiction to recover from the operator all additional costs
incurred. (L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112)

1. If the department finds that the storage, collection,
transportation, processing or disposal of solid wastes subject to the
provisions of sections 260.200 to 260.245 is in violation of any rule or
regulation adopted by the department pursuant to sections 260.200 to
260.245 or might reasonably be expected to cause pollution of the land,
air, or waters of the state or is creating a public nuisance or health
hazard, the department may order the person to alter its storage,
collection, transportation, processing or disposal systems to correct
such violation causing the health hazard, pollution, or public nuisance.
Such order shall specify the length of time, after issuance of the order,
within which the facility or area shall be repaired, altered, constructed
or reconstructed. In addition, the director may revoke, or suspend, the
permit for a solid waste disposal area or solid waste processing facility.

2. Whenever it appears to the department that any person has engaged in,
or is about to engage in, any acts or practices that have or will
constitute violation of this law, or any rule or regulation promulgated
thereunder, the director may request, and it shall be the duty of the
county prosecuting attorney, or the attorney general, to bring an action
in the circuit court to enjoin the acts or practices and to enforce
compliance with this law or any rule or regulation promulgated
thereunder. In any such action, the court may grant to the department
such prohibitory or mandatory injunctive relief as the facts may warrant.
(L. 1972 S.B. 387 § 7, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1991
S.B. 45)

1. Any person aggrieved by a forfeiture of any financial
assurance instrument, civil or administrative penalty or denial,
suspension or revocation of a permit required by section 260.205 or a
modification to a permit issued under section 260.205 or any disapproval
of the plan required by section 260.220, may within thirty days of notice
of such action request a hearing. The notice of the department shall be
effected by certified mail and shall set forth the reasons for such
forfeiture, disapproval, denial, suspension, civil penalty or revocation.
The department may seek an injunction in the circuit court in which the
facility is located requiring the facility for which the transfer of
ownership has been denied, or the permit or modification of the permit
has been denied, suspended or revoked, to cease operations from the date
ordered by the court until such time as the appeal is resolved or obtain
a performance bond in the amount and manner as prescribed by rule. The
department's action seeking an injunction shall be based on the
seriousness of the threat to the environment which continued operation of
the facility poses. The bond shall remain in place until the appeal is
resolved. If the department's decision is upheld, the bond shall be
forfeited and placed in a separate subaccount of the solid waste
management fund.

2. The hearing shall be conducted by the director or his designated
representative in accordance with the procedures set forth in sections
536.070, 536.073, 536.077, 536.080, and 536.090, RSMo. The decision of
the department shall become final thirty days after delivery or certified
mailing of a copy of it to the person. Such decisions may be appealed to
the administrative hearing commission pursuant to sections 536.063 to
536.095, RSMo, and shall be subject to judicial review of a final
decision as provided in sections 536.100 to 536.140, RSMo. (L. 1972 S.B.
387 § 8, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112)

The provisions of this act* shall be severable and if any
phrase, clause, sentence or provision of this act* is declared by a court
of competent jurisdiction to be contrary to the constitution, the
validity of the remainder of this act* and the applicability thereof
shall not be affected thereby. All applications for permits or expansions
of any solid waste disposal area in progress prior to January 1, 1986,
shall be processed by the department under the statutes, rules and
regulations in effect as of January 1, 1986. Such applicant shall comply
with the provisions of subsections 7 and 10 of section 260.205, and shall
meet the closure and postclosure requirements for currently permitted
disposal areas within the time periods specified in sections 260.226 and
260.227. (L. 1986 S.B. 475)

*"This act" (S.B. 475, 1986) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. In the event the director determines that any provision of
sections 260.200 to 260.245 or any standard, rule, regulation, final
order or approved plan promulgated pursuant thereto is being, was, or is
in imminent danger of being violated, the director may, in addition to
those remedies provided in section 260.230, cause to have instituted a
civil action in any court of competent jurisdiction for injunctive relief
to prevent any such violation or further violation or in the case of
violations concerning a solid waste disposal area or a solid waste
processing facility, for the assessment of a penalty not to exceed one
thousand dollars per day for each day, or part thereof, the violation
occurred and continues to occur, or both, as the court deems proper. A
civil monetary penalty under this section shall not be assessed for a
violation where an administrative penalty was assessed under section
260.249. The director may request either the attorney general or a
prosecuting attorney to bring any action authorized in this section in
the name of the people of the state of Missouri. Suit can be brought in
any county where the defendant's principal place of business is located
or where the violation occurred. Any offer of settlement to resolve a
civil penalty under this section shall be in writing, shall state that an
action for imposition of a civil penalty may be initiated by the attorney
general or a prosecuting attorney representing the department under
authority of this section, and shall identify any dollar amount as an
offer of settlement which shall be negotiated in good faith through
conference, conciliation and persuasion.

2. Any rule, regulation, standard or order of a county commission,
adopted pursuant to the provisions of sections 260.200 to 260.245, may be
enforced in a civil action for mandatory or prohibitory injunctive relief
or for the assessment of a penalty not to exceed one hundred dollars per
day for each day, or part thereof, that a violation of such rule,
regulation, standard or order of a county commission occurred and
continues to occur, or both, as the commission deems proper. The county
commission may request the prosecuting attorney or other attorney to
bring any action authorized in this section in the name of the people of
the state of Missouri.

3. The liabilities imposed by this section shall not be imposed due to
any violation caused by an act of God, war, strike, riot or other
catastrophe. (L. 1972 S.B. 387 § 9, A.L. 1975 S.B. 98, A.L. 1993 S.B. 80,
et al.)

A permit shall not be issued to any person who is determined by
the department to habitually violate or to have habitually violated the
requirements of the Missouri environmental statutes,* the environmental
statutes of other states, or * federal statutes pertaining to
environmental control or has had two or more convictions within Missouri,
after August 28, 1990, and within any five-year period, for crimes or
criminal acts, an element of which involves restraint of trade,
price-fixing, intimidation of the customers of another person or for
engaging in any other acts which may have the effect of restraining or
limiting competition concerning activities regulated under this chapter
or similar laws of other states or the federal government; except that
convictions for violations by entities purchased or acquired by an
applicant or permittee which occurred prior to the purchase or
acquisition shall not be included, or who has offered, in person or
through an agent, any inducement, including any discussion of potential
employment opportunities, to any employee of the department when such
person has an application for a permit pending or a permit under review.
A license or permit shall not be issued to any person who has been
adjudged in contempt of any court order enforcing the provisions of the
Missouri solid or hazardous waste laws. For the purposes of this
subsection, the term "person" shall include any officer or management
employee of the applicant, or any officer or management employee of any
corporation or business which owns an interest in the applicant, or any
officer or management employee of any business which is owned either
wholly or in part by any person, corporation, or business which owns an
interest in the applicant. (L. 1988 S.B. 535, A.L. 1995 S.B. 60 & 112)

*Word "of" appears here in original rolls.

All fly ash produced by coal combustion generating facilities
shall be exempt from all solid waste permitting requirements of this
chapter, if such ash is constructively reused or disposed of by a grout
technique in any active or inactive noncoal, non-open-pit mining
operation located in a city having a population of at least three hundred
fifty thousand located in more than one county and is also located in a
county of the first class without a charter form of government with a
population of greater than one hundred fifty thousand and less than one
hundred sixty thousand, provided said ash is not considered hazardous
waste under the Missouri hazardous waste law. (L. 1993 S.B. 80, et al. §
15)

The department of natural resources shall not issue a permit to
an applicant for a commercial solid waste processing facility designed to
incinerate solid waste in any county unless such facility meets the
conditions established in this section. For the purposes of this section,
a commercial solid waste processing facility is a facility designed to
incinerate waste which accepts solid waste for a fee regardless of where
such waste is generated. Any commercial solid waste processing facility
which incinerates solid waste shall be located so as to provide a health
and safety buffer zone to protect citizens living or working nearby. The
size of the buffer zone shall be determined by the department but shall
extend at least fifty feet from a facility located in a nonresidential
area in a city not within a county or at least three hundred feet from a
facility located elsewhere. The department shall consider the proximity
of schools, businesses and houses, the prevailing winds and other factors
which it deems relevant when establishing the buffer zone. Any facility
located within a city not within a county shall be required to strictly
adhere to the terms, conditions and provisions of its permit. (L. 1990
S.B. 530, A.L. 1993 S.B. 80, et al.)

1. A city or county or combination of cities and counties may
levy an annual tax as provided in sections 260.200 to 260.245 only after
such tax has been submitted to a vote of the people to be affected
thereby and a majority of the voters in each city or county voting
thereon have approved same.

2. The question shall be submitted in substantially the following form:

Shall (the city of ........., the county of ........., the city of
........., and county of .........) levy an annual tax not to exceed ten
cents on the one hundred dollars assessed valuation to pay for a solid
waste management system? (L. 1972 S.B. 387 § 10, A.L. 1978 H.B. 971)

1. Any city which annexes an area or enters into or expands
solid waste collection services into an area where the collection of
solid waste is presently being provided by one or more private entities
shall notify the private entity or entities of its intent to provide
solid waste collection services in the area by certified mail.

2. A city shall not commence solid waste collection in such area for at
least two years from the effective date of the annexation or at least two
years from the effective date of the notice that the city intends to
enter into the business of solid waste collection or to expand existing
solid waste collection services into the area, unless the city contracts
with the private entity or entities to continue such services for that
period.

3. If the services to be provided under a contract with the city pursuant
to subsection 2 of this section are substantially the same as the
services rendered in the area prior to the decision of the city to annex
the area or to enter into or expand its solid waste collection services
into the area, the amount paid by the city shall be at least equal to the
amount the private entity or entities would have received for providing
such services during that period.

4. Any private entity or entities which provide collection service in the
area which the city has decided to annex or enter into or expand its
solid waste collection services into shall make available upon written
request by the city not later than thirty days following such request,
all information in its possession or control which pertains to its
activity in the area necessary for the city to determine the nature and
scope of the potential contract.

5. The provisions of this section shall apply to private entities that
service fifty or more residential accounts or fifteen or more commercial
accounts in the area in question. (L. 1988 H.B. 1207 § 1)

1. In addition to any other remedy provided by law, upon a
determination by the director that a provision of sections 260.200 to
260.281, or a standard, limitation, order, rule or regulation promulgated
pursuant thereto, or a term or condition of any permit has been violated,
the director may issue an order assessing an administrative penalty upon
the violator under this section. An administrative penalty shall not be
imposed until the director has sought to resolve the violations through
conference, conciliation and persuasion and shall not be imposed for
minor violations of sections 260.200 to 260.281 or minor violation of any
standard, limitation, order, rule or regulation promulgated pursuant to
sections 260.200 to 260.281 or minor violations of any term or condition
of a permit issued pursuant to sections 260.200 to 260.281 or any
violations of sections 260.200 to 260.281 by any person resulting from
mismanagement of solid waste generated and managed on the property of the
place of residence of the person. If the violation is resolved through
conference, conciliation and persuasion, no administrative penalty shall
be assessed unless the violation has caused, or has the potential to
cause, a risk to human health or to the environment, or has caused or has
potential to cause pollution, or was knowingly committed, or is defined
by the United States Environmental Protection Agency as other than minor.
Any order assessing an administrative penalty shall state that an
administrative penalty is being assessed under this section and that the
person subject to the penalty may appeal as provided by section 260.235.
Any such order that fails to state the statute under which the penalty is
being sought, the manner of collection or rights of appeal shall result
in the state's waiving any right to collection of the penalty.

2. The department shall promulgate rules and regulations for the
assessment of administrative penalties. The amount of the administrative
penalty assessed per day of violation for each violation under this
section shall not exceed the amount of the civil penalty specified in
section 260.230. Such rules shall reflect the criteria used for the
administrative penalty matrix as provided for in the Resource
Conservation and Recovery Act, 42 U.S.C. 6928(a), Section 3008(a), and
the harm or potential harm which the violation causes, or may cause, the
violator's previous compliance record, and any other factors which the
department may reasonably deem relevant. An administrative penalty shall
be paid within sixty days from the date of issuance of the order
assessing the penalty. Any person subject to an administrative penalty
may appeal as provided in section 260.235. Any appeal will stay the due
date of such administrative penalty until the appeal is resolved. Any
person who fails to pay an administrative penalty by the final due date
shall be liable to the state for a surcharge of fifteen percent of the
penalty plus ten percent per annum on any amounts owed. Any
administrative penalty paid pursuant to this section shall be handled in
accordance with section 7 of article IX of the state constitution. An
action may be brought in the appropriate circuit court to collect any
unpaid administrative penalty, and for attorney's fees and costs incurred
directly in the collection thereof.

3. An administrative penalty shall not be increased in those instances
where department action, or failure to act, has caused a continuation of
the violation that was a basis for the penalty. Any administrative
penalty must be assessed within two years following the department's
initial discovery of such alleged violation, or from the date the
department in the exercise of ordinary diligence should have discovered
such alleged violation.

4. The state may elect to assess an administrative penalty, or, in lieu
thereof, to request that the attorney general or prosecutor file an
appropriate legal action seeking a civil penalty in the appropriate
circuit court.

5. Any final order imposing an administrative penalty is subject to
judicial review upon the filing of a petition pursuant to section
536.100, RSMo, by any person subject to the administrative penalty. (L.
1991 S.B. 45, A.L. 1992 H.B. 1732, A.L. 1993 S.B. 80, et al.)

1. After January 1, 1991, major appliances, waste oil and
lead-acid batteries shall not be disposed of in a solid waste disposal
area. After January 1, 1992, yard waste shall not be disposed of in a
solid waste disposal area.

2. After January 1, 1991, waste oil shall not be incinerated without
energy recovery.

3. Each district, county and city shall address the recycling, reuse and
handling of aluminum containers, glass containers, newspapers, whole
tires, plastic beverage containers and steel containers in its solid
waste management plan consistent with sections 260.250 to 260.345. (L.
1990 S.B. 530)

Funds may be allocated, upon appropriation, to the department to
provide technical assistance to local governments and conduct public
education programs concerning the proper handling of used motor oil. The
department shall establish and maintain a telephone number, which may be
toll free, for the purpose of disseminating information concerning the
locations and operation of household consumer-used motor oil collection
centers within the state, as well as information concerning the
availability, dates and requirements for curbside collection where
available. The department shall also develop a durable and legible sign,
suitable for use by a retailer of motor oil informing the public of the
importance of proper collection, recycling or disposal of used motor oil
and the telephone number for used motor oil information. (L. 1995 S.B. 60
& 112 § 260.253 subsec. 1)

1. The department may award grants to solid waste management
districts, municipalities, counties, and other local government entities
or their instrumentalities to plan, establish or promote household
consumer-used motor oil collection systems. In order to be eligible for
grants, household consumer-used motor oil collection centers may only
accept used motor oil originating from household consumers or farmers,
and must operate in compliance with department rules. Household
consumer-used motor oil collection centers may not accept used motor oil
from commercial operations. Household consumer-used motor oil collection
centers may limit the quantity of oil received at any one time from an
individual and may restrict the size of the container used to deliver the
oil to the center.

2. All household consumer-used motor oil collection centers must comply
with the recycled used oil management standards as established by the
department.

3. Household consumer-used motor oil collection centers shall transfer
used motor oil only to transporters licensed pursuant to rules of the
department.

4. All used motor oil recycling, reclaiming, and rerefining facilities
shall comply with all applicable requirements of the department.

5. The department shall establish rules to carry out the provisions of
this section and section 260.253. (L. 1995 S.B. 60 & 112 § 260.253
subsecs. 2 to 6)

1. After January 1, 1994, each newspaper publisher in this state
with an average daily distribution on days published of more than fifteen
thousand copies shall file a statement with the department of natural
resources certifying the total number of tons of newsprint used during
the past calendar year, and the average recycled content of such
newsprint. The statement shall declare whether the following target
percentages have been met for the past year, and if not met, shall
contain a statement explaining why the newspaper publisher failed to meet
the target percentages.

2. The target recycled content usage for each newspaper publisher for
each year shall be:

(1) 1993, ten percent;

(2) 1994, twenty percent;

(3) 1995, thirty percent;

(4) 1996, forty percent;

(5) 2000, and subsequent years, fifty percent.

3. Any newspaper publisher who fails to file a statement with or seek a
waiver from the department, or who files a statement containing
misleading or deceptive information, shall be a violation of this
section, punishable by a civil fine of not more than one hundred dollars
per day for each day the violation continues. Penalties imposed under
this section shall be deposited into the solid waste management fund and
shall be used to further the purposes of sections 260.200 to 260.345. (L.
1990 S.B. 530)

1. Effective January 1, 1991, no person shall knowingly place a
used lead-acid battery in a solid waste disposal area, discard or
otherwise dispose of a lead-acid battery.

2. Such batteries shall be delivered to a recycling or resource recovery
facility permitted by this or another state or to the agent of a battery
wholesaler or manufacturer for delivery to a permitted secondary lead
smelter.

3. Each lead-acid battery improperly disposed of shall constitute a
separate violation. A person who disposes of a lead-acid battery in
violation of this section shall, upon conviction, be guilty of a class C
misdemeanor. (L. 1990 S.B. 530, A.L. 1995 H.B. 81)

A person selling lead-acid batteries at retail or offering
lead-acid batteries for retail sale in the state shall:

(1) Accept, at the point of transfer, in a quantity at least equal to the
number of new lead-acid batteries purchased, used lead-acid batteries
from customers, if offered by customers;

(2) Post written notice which must be at least four inches by six inches
in size and must contain the universal recycling symbol and the following
language:

(a) It is illegal to discard a motor vehicle battery or other lead-acid
battery;

(b) Recycle your used batteries; and

(c) State law requires us to accept used motor vehicle batteries, or
other lead-acid batteries for recycling, in exchange for new batteries
purchased; and

(3) Manage used lead-acid batteries in a manner consistent with the
requirements of the state hazardous waste law;

*(4) Collect at the time of sale a fee of fifty cents for each lead- acid
battery sold. Such fee shall be added to the total cost to the purchaser
at retail after all applicable sales taxes on the battery have been
computed. The fee imposed, less six percent of fees collected, which
shall be retained by the seller as collection costs, shall be paid to the
department of revenue in the form and manner required by the department
and shall include the total number of batteries sold during the preceding
month. The department of revenue shall promulgate rules and regulations
necessary to administer the fee collection and enforcement. The terms
"sold at retail" and "retail sales" do not include the sale of batteries
to a person solely for the purpose of resale, if the subsequent retail
sale in this state is to the ultimate consumer and is subject to the fee.
However, this fee shall not be paid on batteries sold for use in
agricultural operations upon written certification by the purchaser; and

*(5) The department of revenue shall administer, collect, and enforce the
fee authorized pursuant to this section pursuant to the same procedures
used in the administration, collection, and enforcement of the general
state sales and use tax imposed pursuant to chapter 144, RSMo, except as
provided in this section. The proceeds of the battery fee, less four
percent of the proceeds, which shall be retained by the department of
revenue as collection costs, shall be transferred by the department of
revenue into the hazardous waste fund, created pursuant to section
260.391. The fee created in subdivision (4) and this subdivision shall be
effective October 1, 2005. The provisions of subdivision (4) and this
subdivision shall terminate June 30, 2011. (L. 1990 S.B. 530, A.L. 1995
H.B. 81, A.L. 2005 S.B. 225)

*Subdivisions (4) and (5) become effective 10-1-05, and terminate 6-30-11.

The department of natural resources shall produce, print and
distribute the notices required by section 260.262 to all places where
lead-acid batteries are offered for sale at retail. In performing its
duties under this section, the department may inspect any place, building
or premises governed by sections 260.260 to 260.266. The department may
enter into an interagency agreement with the superintendent of the
highway patrol to authorize the superintendent to conduct inspections at
motor vehicle safety inspection stations in conjunction with inspections
undertaken pursuant to sections 307.350 to 307.400, RSMo. Authorized
employees of the agency or of the superintendent may issue warnings and
citations to persons who fail to comply with the requirements of those
sections. Failure to post the required notice following warning shall be
an infraction. (L. 1990 S.B. 530)

1. Any person selling new lead-acid batteries at wholesale shall
accept, at the point of transfer, in a quantity at least equal to the
number of new lead-acid batteries purchased, used lead-acid batteries
from customers, if offered by customers. A person accepting lead-acid
batteries in transfer from an automotive battery retailer shall be
allowed a period not to exceed ninety days to remove lead-acid batteries
from the retail point of collection.

2. Lead-acid battery retailers and wholesalers shall not hold used
lead-acid batteries for more than ninety days without the approval of the
department and shall store used lead-acid batteries in a manner which
will protect human health and the environment pursuant to regulations
adopted by the department of natural resources under this chapter. (L.
1990 S.B. 530, A.L. 1995 H.B. 81)

1. No person shall sell, offer for sale, or offer for
promotional purposes any alkaline-manganese battery manufactured on or
after January 1, 1997, with any mercury content that was intentionally
introduced, as distinguished from mercury that may be incidentally
present in other materials, except that the limitation on mercury content
in alkaline-manganese button cell batteries shall be twenty-five
milligrams of mercury per button cell.

2. (1) No person shall sell, offer for sale, or offer for promotional
purposes for use in Missouri any button cell mercuric-oxide battery on or
after January 1, 1996.

(2) No person shall sell, offer for sale, or offer for promotional
purposes for use in Missouri any nonbutton cell mercuric-oxide battery on
or after January 1, 1996, unless the battery manufacturer does all of the
following:

(a) Identifies an approved collection site to which persons may send used
mercuric-oxide batteries for recycling or proper disposal;

(b) Informs each mercuric-oxide battery purchaser of the location of the
collection site identified in paragraph (a) of this subdivision; and

(c) Informs each mercuric-oxide battery purchaser of a telephone number
that the purchaser may call to receive information about returning used
mercuric-oxide batteries for recycling or proper disposal.

3. A person in violation of this section shall, upon conviction, be
guilty of a class C misdemeanor. (L. 1995 H.B. 81)

1. (1) It shall be unlawful for any person to haul for
commercial profit, collect, process, or dispose of scrap tires in the
state except as provided in this section. This section shall not be
construed to prohibit scrap tires from being hauled to a lawfully
operated facility in another state. Scrap tires shall be collected at a
scrap tire site, scrap tire processing facility, scrap tire end-user
facility, or a scrap tire collection center. A violation of this
subdivision shall be a class C misdemeanor for the first violation. A
second and each subsequent violation shall be a class A misdemeanor. A
third and each subsequent violation, in addition to other penalties
authorized by law, may be punishable by a fine not to exceed five
thousand dollars and restitution may be ordered by the court.

(2) A person shall not maintain a scrap tire site unless the site is
permitted by the department of natural resources for the proper and
temporary storage of scrap tires or the site is an integral part of the
person's permitted scrap tire processing facility or registered scrap
tire end-user facility. No new scrap tire sites shall be permitted by the
department after August 28, 1997, unless they are located at permitted
scrap tire processing facilities or registered scrap tire end-user
facilities. A person who maintained a scrap tire site on or before August
28, 1997, shall not accept any quantity of additional scrap tires at such
site after August 28, 1997, unless the site is an integral part of the
person's scrap tire processing or end-user facility, or unless the person
who maintains such site can verify that a quantity of scrap tires at
least equal to the number of additional scrap tires received was shipped
to a scrap tire processing or end-user facility within thirty days after
receipt of such additional scrap tires.

(3) A person shall not operate a scrap tire processing facility unless
the facility is permitted by the department. A person shall not maintain
a scrap tire end-user facility unless the facility is registered by the
department. The inventory of unprocessed scrap tires on the premises of a
scrap tire processing or end-user facility shall not exceed the estimated
inventory that can be processed or used in six months of normal and
continuous operation. This estimate shall be based on the volume of tires
processed or used by the facility in the last year or the manufacturer's
estimated capacity of the processing or end-user equipment. This estimate
may be increased from time to time when new equipment is obtained by the
owner of the facility, and shall be reduced if equipment used previously
is removed from active use. The inventory of processed scrap tires on the
premises of a scrap tire processing or end-user facility shall not exceed
two times the permitted inventory of an equivalent volume of unprocessed
scrap tires.

(4) Any person selling new, used, or remanufactured tires at retail shall
accept, at the point of transfer, in a quantity equal to the number of
tires sold, scrap tires from customers, if offered by such customers. Any
person accepting scrap tires may charge a reasonable fee reflecting the
cost of proper management of any scrap tires accepted; and which tire is
required to be accepted on a one-for-one basis at the time of a retail
sale pursuant to this subdivision. All tire retailers or other businesses
that generate scrap tires shall use a scrap tire hauler permitted by the
department, except that businesses that generate or accept scrap tires in
the normal course of business may haul such scrap tires without a permit,
if such hauling is performed without any consideration and such business
maintains records on the scrap tires hauled as required by sections
260.270 to 260.276. Retailers shall not be liable for illegal disposal of
scrap tires after such scrap tires are delivered to a scrap tire hauler,
scrap tire collection center, scrap tire site, scrap tire processing
facility or scrap tire end-user facility if such entity is permitted by
the department of natural resources.

(5) It shall be unlawful for any person to transport scrap tires for
consideration within the state without a permit.

(6) Scrap tires may not be deposited in a landfill unless the tires have
been cut, chipped or shredded.

2. Within six months after August 28, 1990, owners and operators of any
scrap tire site shall provide the department of natural resources with
information concerning the site's location, size, and approximate number
of scrap tires that have been accumulated at the site and shall initiate
steps to comply with sections 260.270 to 260.276.

3. The department of natural resources shall promulgate rules and
regulations pertaining to collection, storage and processing and
transportation of scrap tires and such rules and regulations shall
include:

(1) Methods of collection, storage and processing of scrap tires. Such
methods shall consider the general location of scrap tires being stored
with regard to property boundaries and buildings, pest control,
accessibility by fire-fighting equipment, and other considerations as
they relate to public health and safety;

(2) Procedures for permit application and permit fees for scrap tire
sites and commercial scrap tire haulers, and by January 1, 1996,
procedures for permitting of scrap tire processing facilities and
registration of scrap tire end-user facilities. The only purpose of such
registration shall be to provide information for the documentation of
scrap tire handling as described in subdivision (5) of this subsection,
and registration shall not impose any additional requirements on the
owner of a scrap tire end-user facility;

(3) Requirements for performance bonds or other forms of financial
assurance for scrap tire sites, scrap tire end-user facilities, and scrap
tire processing facilities;

(4) Exemptions from the requirements of sections 260.270 to 260.276; and

(5) By January 1, 1996, requirements for record-keeping procedures for
retailers and other businesses that generate scrap tires, scrap tire
haulers, scrap tire collection centers, scrap tire sites, scrap tire
processing facilities, and scrap tire end-user facilities. Required
record keeping shall include the source and number or weight of tires
received and the destination and number of tires or weight of tires or
tire pieces shipped or otherwise disposed of and such records shall be
maintained for at least three years following the end of the calendar
year of such activity. Detailed record keeping shall not be required
where any charitable, fraternal, or other nonprofit organization conducts
a program which results in the voluntary cleanup of land or water
resources or the turning in of scrap tires.

4. Permit fees for scrap tire sites and commercial scrap tire haulers
shall be established by rule and shall not exceed the cost of
administering sections 260.270 to 260.275. Permit fees shall be deposited
into an appropriate subaccount of the solid scrap management fund.

5. The department shall:

(1) Encourage the voluntary establishment of scrap tire collection
centers at retail tire selling businesses and scrap tire processing
facilities; and

(2) Investigate, locate and document existing sites where tires have been
or currently are being accumulated, and initiate efforts to bring these
sites into compliance with rules and regulations promulgated pursuant to
the provisions of sections 260.270 to 260.276.

6. Any person licensed as an auto dismantler and salvage dealer under
chapter 301, RSMo, may without further license, permit or payment of fee,
store but shall not bury on his property, up to five hundred scrap tires
that have been chipped, cut or shredded, if such tires are only from
vehicles acquired by him, and such tires are stored in accordance with
the rules and regulations adopted by the department pursuant to this
section. Any tire retailer or wholesaler may hold more than five hundred
scrap tires for a period not to exceed thirty days without being
permitted as a scrap tire site, if such tires are stored in a manner
which protects human health and the environment pursuant to regulations
adopted by the department.

7. Notwithstanding any other provisions of sections 260.270 to 260.276, a
person who leases or owns real property may use scrap tires for soil
erosion abatement and drainage purposes in accordance with procedures
approved by the department, or to secure covers over silage, hay, straw
or agricultural products.

8. The department of transportation shall, beginning July 1, 1991,
undertake, as part of its currently scheduled highway improvement
projects, demonstration projects using recovered rubber from scrap tires
as surfacing material, structural material, subbase material and fill,
consistent with standard engineering practices. The department shall
evaluate the efficacy of using recovered rubber in highway improvements,
and shall encourage the modification of road construction specifications,
when possible, for the use of recovered rubber in highway improvement
projects.

9. The director may request a prosecuting attorney to institute a
prosecution for any violation of this section. In addition, the
prosecutor of any county or circuit attorney of any city not within a
county may, by information or indictment, institute a prosecution for any
violation of this section. (L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112,
A.L. 2002 S.B. 1011, A.L. 2005 S.B. 225)

Processed scrap tires and recycled rubber chips may be used in
the design and operation of sanitary landfills, including use of such
tires and rubber chips as daily cover. The department of natural
resources may promulgate rules to implement this section. Any rule or
portion of a rule, as that term is defined in section 536.010, RSMo, that
is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the
provisions of chapter 536, RSMo, and, if applicable, section 536.028,
RSMo. This section and chapter 536, RSMo, are nonseverable and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 1999, shall
be invalid and void. (L. 1999 H.B. 603, et al. § 1, A.L. 2005 S.B. 225)

1. Any person purchasing a new tire may present to the seller
the used tire or remains of such used tire for which the new tire
purchased is to replace.

2. A fee for each new tire sold at retail shall be imposed on any person
engaging in the business of making retail sales of new tires within this
state. The fee shall be charged by the retailer to the person who
purchases a tire for use and not for resale. Such fee shall be imposed at
the rate of fifty cents for each new tire sold. Such fee shall be added
to the total cost to the purchaser at retail after all applicable sales
taxes on the tires have been computed. The fee imposed, less six percent
of fees collected, which shall be retained by the tire retailer as
collection costs, shall be paid to the department of revenue in the form
and manner required by the department of revenue and shall include the
total number of new tires sold during the preceding month. The department
of revenue shall promulgate rules and regulations necessary to administer
the fee collection and enforcement. The terms "sold at retail" and
"retail sales" do not include the sale of new tires to a person solely
for the purpose of resale, if the subsequent retail sale in this state is
to the ultimate consumer and is subject to the fee.

3. The department of revenue shall administer, collect and enforce the
fee authorized pursuant to this section pursuant to the same procedures
used in the administration, collection and enforcement of the general
state sales and use tax imposed pursuant to chapter 144, RSMo, except as
provided in this section. The proceeds of the new tire fee, less four
percent of the proceeds, which shall be retained by the department of
revenue as collection costs, shall be transferred by the department of
revenue into an appropriate subaccount of the solid waste management
fund, created pursuant to section 260.330.

4. Up to five percent of the revenue available may be allocated, upon
appropriation, to the department of natural resources to be used
cooperatively with the department of elementary and secondary education
for the purposes of developing educational programs and curriculum
pursuant to section 260.342.

5. Up to twenty-five percent of the moneys received pursuant to this
section may, upon appropriation, be used to administer the programs
imposed by this section. Up to five percent of the moneys received under
this section may, upon appropriation, be used for the grants authorized
in subdivision (2) of subsection 6 of this section and authorized in
section 260.274. All remaining moneys shall be allocated, upon
appropriation, for the projects authorized in section 260.276, except
that any unencumbered moneys may be used for public health,
environmental, and safety projects in response to environmental
emergencies as determined by the director.

6. The department shall promulgate, by rule, a statewide plan for the use
of moneys received pursuant to this section to accomplish the following:

(1) Removal of waste tires from illegal tire dumps;

(2) Providing grants to persons that will use products derived from waste
tires, or used waste tires as a fuel or fuel supplement; and

(3) Resource recovery activities conducted by the department pursuant to
section 260.276.

*7. The fee imposed in subsection 2 of this section shall begin the first
day of the month which falls at least thirty days but no more than sixty
days immediately following August 28, 2005, and shall terminate January
1, 2010.

8. By January 1, 2009, the department shall report to the general
assembly a complete accounting of the tire cleanups completed or in
progress, the cost of the cleanups, the number of tires remaining, the
balance of the fund, and enforcement actions completed or initiated to
address waste tires. (L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L.
1999 H.B. 603, et al. merged with S.B. 426, A.L. 2005 S.B. 225)

*The imposed fee terminates 1-1-10.

1. Each operator of a scrap tire site shall ensure that the area
is properly closed upon cessation of operations. The department of
natural resources may require that a closure plan be submitted with the
application for a permit. The closure plan, as approved by the
department, shall include at least the following:

(1) A description of how and when the area will be closed;

(2) The method of final disposition of any scrap tires remaining on the
site at the time notice of closure is given to the department.

2. The operator shall notify the department at least ninety days prior to
the date he expects closure to begin. No scrap tires may be received by
the scrap tire site after the date closure is to begin.

3. The permittee shall provide a financial assurance instrument in such
an amount and form as prescribed by the department to ensure that, upon
abandonment, cessation or interruption of the operation of the site, an
approved closure plan is completed. The amount of the financial assurance
instrument shall be based upon the current costs of similar cleanups
using data from actual scrap tire cleanup project bids received by the
department to remediate scrap tire sites of similar size. If scrap tires
are accumulated at a solid scrap management area, the existing financial
assurance instrument filed for the solid scrap disposal area may be
applied to the requirements of this section. Any interest that accrues to
any financial assurance instrument established pursuant to this section
shall remain with that instrument and shall be applied against the
operator's obligation under this section until the instrument is released
by the department. The director shall authorize the release of the
financial assurance instrument after the department has been notified by
the operator that the site has been closed, and after inspection, the
department approves closure of the scrap tire site.

4. If the operator of a scrap tire site fails to properly implement the
closure plan, the director shall order the operator to implement such
plan, and take other steps necessary to assure the proper closure of the
site pursuant to section 260.228 and this section. (L. 1990 S.B. 530,
A.L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225)

1. The department of natural resources shall, subject to
appropriation, conduct resource recovery or nuisance abatement activities
designed to reduce the volume of scrap tires or alleviate any nuisance
condition at any site if the owner or operator of such a site fails to
comply with the rules and regulations authorized under section 260.270,
or if the site is in continued violation of such rules and regulations.
The department shall give first priority to cleanup of sites owned by
persons who present satisfactory evidence that such persons were not
responsible for the creation of the nuisance conditions or any violations
of section 260.270 at the site.

2. The department may ask the attorney general to initiate a civil action
to recover from any persons responsible the reasonable and necessary
costs incurred by the department for its nuisance abatement activities
and its legal expenses related to the abatement; except that in no case
shall the attorney general seek to recover cleanup costs from the owner
of the property if such person presents satisfactory evidence that such
person was not responsible for the creation of the nuisance condition or
any violation of section 260.270 at the site.

3. The department shall allow any person, firm, corporation, state
agency, charitable, fraternal, or other nonprofit organization to bid on
a contract for each resource recovery or nuisance abatement activity
authorized under this section. The contract shall specify the cost per
tire for delivery to a registered scrap tire processing or end-user
facility, and the cost per tire for processing. The recipient or
recipients of any contract shall not be compensated by the department for
the cost of delivery and the cost of processing for each tire until such
tire is delivered to a registered scrap tire processing or end-user
facility and the contract recipient has provided proof of delivery to the
department. Any charitable, fraternal, or other nonprofit organization
which voluntarily cleans up land or water resources may turn in scrap
tires collected in the course of such cleanup under the rules and
regulations of the department. (L. 1990 S.B. 530, A.L. 1995 S.B. 60 &
112, A.L. 2005 S.B. 225)

1. A person who has, within the preceding twenty-four months,
been found guilty or pleaded guilty to a violation of section 260.270
which involves the transport of scrap tires may not be granted a permit
to transport scrap tires unless the person seeking the permit has
provided to the department a performance bond or letter of credit as
provided under this section.

2. The bond or letter shall be conditioned upon faithful compliance with
the terms and conditions of the permit and section 260.270 and shall be
in the amount of ten thousand dollars.

3. Such performance bond, placed on file with the department, shall be in
one of the following forms:

(1) A performance bond, payable to the department and issued by an
institution authorized to issue such bonds in this state; or

(2) An irrevocable letter of credit issued in favor of and payable to the
department from a commercial bank or savings and loan having an office in
the state of Missouri.

4. Upon a determination by the department that a person has violated the
terms and conditions of the permit or section 260.270, the department
shall notify the person that the bond or letter of credit shall be
forfeited and the moneys placed in an appropriate subaccount of the solid
waste management fund, created under section 260.330, for remedial action.

5. The department shall expend whatever portion of the bond or letter of
credit necessary to conduct resource recovery or nuisance abatement
activities to alleviate any condition resulting from a violation of
section 260.270 or the terms and conditions of a permit.

6. The requirement for a person to provide a performance bond or a letter
of credit under this section shall cease for that person after two
consecutive years in which the person has not been found guilty or
pleaded guilty to a violation of section 260.270. (L. 1995 S.B. 60 & 112,
A.L. 2005 S.B. 225)

In letting contracts for the performance of any job or service
for the removal or clean up of waste tires under this chapter, the
department of natural resources shall, in addition to the requirements of
sections 34.073 and 34.076, RSMo, and any other points awarded during the
evaluation process, give to any vendor that meets one or more of the
following factors a five percent preference and ten bonus points for each
factor met:

(1) The bid is submitted by a vendor that has resided or maintained its
headquarters or principal place of business in Missouri continuously for
the two years immediately preceding the date on which the bid is
submitted;

(2) The bid is submitted by a nonresident corporation vendor that has an
affiliate or subsidiary that employs at least twenty state residents and
has maintained its headquarters or principal place of business in
Missouri continuously for the two years immediately preceding the date on
which the bid is submitted;

(3) The bid is submitted by a vendor that resides or maintains its
headquarters or principal place of business in Missouri and, for the
purposes of completing the bid project and continuously over the entire
term of the project, an average of at least seventy-five percent of such
vendor's employees are Missouri residents who have resided in the state
continuously for at least two years immediately preceding the date on
which the bid is submitted. Such vendor must certify the residency
requirements of this subdivision and submit a written claim for
preference at the time the bid is submitted;

(4) The bid is submitted by a nonresident vendor that has an affiliate or
subsidiary that employs at least twenty state residents and has
maintained its headquarters or principal place of business in Missouri
and, for the purposes of completing the bid project and continuously over
the entire term of the project, an average of at least seventy-five
percent of such vendor's employees are Missouri residents who have
resided in the state continuously for at least two years immediately
preceding the date on which the bid is submitted. Such vendor must
certify the residency requirements of this section and submit a written
claim for preference at the time the bid is submitted;

(5) The bid is submitted by any vendor that provides written
certification that the end use of the tires collected during the project
will be for fuel purposes or for the manufacture of a useable good or
product. For the purposes of this section, the landfilling of waste
tires, waste tire chips, or waste tire shreds in any manner, including
landfill cover, shall not permit the vendor a preference. (L. 2005 S.B.
225)

1. As used in this section and section 260.281, the term
"container" means any glass, metal or plastic bottle, can, jar or other
receptacle for holding liquid, powder or other material, which has been
sealed by a manufacturer and which, at the time of sale, contains less
than one gallon of such liquid, powder or other material.

2. Beginning January 1, 1991, no person may sell or offer for sale in
this state containers connected to each other by a separate holding
device constructed of plastic rings or other plastic holding device,
unless such device decomposes by photodegradation, chemical degradation
or biodegradation within a two-year period of time upon exposure to the
elements. The department of natural resources shall determine which
plastic holding devices satisfy the requirements of this section and
shall furnish a list of acceptable types of plastic holding devices to
any person upon the request of such person.

3. A retail or wholesale business violating this section shall be subject
to a fine not to exceed one thousand dollars for a first offense, five
thousand dollars for a second offense, and ten thousand dollars for a
third and each subsequent offense. If the violation is of a continuing
nature, each day of the violation shall constitute an additional,
separate, and distinct offense. (L. 1989 H.B. 438, et al. § 3)

Effective 1-1-91

1. As used in this section, the following terms mean:

(1) "Label", a molded imprint or raised symbol on or near the bottom of a
plastic product;

(2) "Person", an individual, sole proprietor, partnership, association,
corporation or other legal entity;

(3) "Plastic", any material made of polymeric organic compounds and
additives that can be shaped by flow;

(4) "Plastic bottle", a plastic container that has a neck that is smaller
than the body of the container, accepts a screwtype, snap cap or other
closure and has a capacity of sixteen fluid ounces or more, but less than
five gallons;

(5) "Rigid plastic container", any formed or molded container, other than
a bottle, intended for single use, composed predominantly of plastic
resin, and having a relatively inflexible finite shape or form with a
capacity of eight ounces or more but less than five gallons.

2. Beginning January 1, 1992, no retail or wholesale business shall
distribute, sell or offer for sale in this state any plastic bottle or
rigid plastic container or any product in such a bottle or container
unless the product bottle or container is labeled with a code indicating
the plastic resin used to produce the bottle or container. Rigid plastic
bottles or rigid plastic containers with labels and basecups of a
different material shall be coded by their basic material. The code shall
consist of a number placed within a triangle of arrows and letters placed
below the triangle of arrows. The triangle shall be equilateral, formed
by three arrows with the apex of each point of the triangle at the
midpoint of each arrow, rounded with a short radius. The arrowhead of
each arrow shall be at the midpoint of each side of the triangle with a
short gap separating the pointer from the base of the adjacent arrow. The
triangle, formed by the three arrows curved at their midpoints shall
depict a clockwise path around the code number. The numbers and letters
used shall be as follows:

(1) "1" - PETE (polyethylene terephthalate);

(2) "2" - HDPE (high density polyethylene);

(3) "3" - V (vinyl);

(4) "4" - LDPE (low density polyethylene);

(5) "5" - PP (polypropylene);

(6) "6" - PS (polystyrene);

(7) "7" - OTHER (includes multi-layer).

3. The department of natural resources shall determine through rules and
regulations which plastic containers may be exempt from the labeling
requirements including, but not limited to:

(1) Readily identifiable plastic containers;

(2) Plastic containers for which there is no technological capability for
recycling, reclamation or reuse;

(3) Plastic containers for which recycling, reclamation or reuse is not
economically feasible; and

(4) Plastic containers of a capacity less than a specified minimum size
as determined by the department of agriculture.

4. The department may by rule modify the codes established in this
section and may create additional codes to reflect technological changes
in the production, marketing and recycling of plastic containers.

5. Any person who violates subsection 2 of this section shall be guilty
of a class A misdemeanor. Each day of violation constitutes a separate
offense. (L. 1989 H.B. 438, et al. § 4, A.L. 1990 S.B. 530)

Effective 1-1-92

1. Any manufacturer engaged in this state in production of a
meat or poultry food product intended for human consumption that is
recycling flexible cellulose casing manufactured from cotton linters used
and consumed directly in the production of such food product shall be
eligible for a credit as defined in subsection 2 of this section. For
purposes of this section, "cotton linters" means fibers from any plant or
wood pulp material used for the creation of flexible cellulose casings.

2. The credit authorized in subsection 1 shall be equal to the amount of
state sales or use taxes paid by a manufacturer to a retailer on such
packaging material which is subsequently recycled by either the
manufacturer or other person or entity to which the manufacturer conveys
such packaging materials, less any consideration received by the
manufacturer for such conveyance.

3. A manufacturer shall claim the refund in the month following the month
in which the material has been recycled or conveyed for recycling. When
claiming a credit pursuant to this section, a manufacturer shall provide
a detailed accounting of the amount of packaging material recycled,
amount of sales or use tax paid on such material, an affidavit attesting
that the manufacturer is eligible pursuant to the provisions of this
section for the credit being claimed, documentation that the activity
constitutes recycling as certified by the director of the department of
natural resources and any other documentation determined necessary by the
director of the department of revenue. The director shall refund any
valid credit claims within sixty days of receipt. If the director
determines that a fraudulent claim for the credit has been filed, the
director may assess a penalty in an amount not to exceed twice the amount
of fraudulent credits claimed.

4. Payment of credits authorized by this section shall not alter the
liability of a retailer regarding sales tax on such material. Credits
authorized by this section shall be paid from funds appropriated for the
refund of taxes. (L. 1991 S.B. 87, A.L. 1998 S.B. 827 merged with S.B.
936, A.L. 2000 H.B. 1454)

Effective 6-27-00

CROSS REFERENCE: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830

1. The department shall propose a plan to divide the state into
proposed solid waste management regions in consultation with the
governing bodies of the counties of the state. The department shall
propose the boundaries of solid waste management regions by March 1, 1991.

2. The department shall hold public meetings in each of the regions
proposed pursuant to subsection 1 of this section within three months of
its division of the state into proposed regions. Any county may request
that it be placed with another regional grouping, and the department
shall authorize any such change if the county clearly and convincingly
demonstrates that the change is necessary for effective solid waste
management within the county and will not negatively affect the solid
waste management system of either region. The department shall adopt
final boundaries for the regions by June 30, 1991.

3. Counties may, for the purpose of managing districts, cooperate as
provided in sections 260.300 to 260.345 or formulate an alternative
management structure agreed to by each county in the district. A solid
waste management district, regardless of how formed, shall be governed by
an executive board and comply with the provisions of sections 260.200 to
260.345. (L. 1990 S.B. 530)

On June 19, 1992, and for three months thereafter and for the
last three months of the year 1994 and every third year thereafter, the
governing body of a county may apply to the department to request that
the county be placed with another regional grouping or, if necessary, in
a new regional grouping. After public notice and comment and within no
more than ninety days after the completed application has been submitted,
the department shall authorize any such change if the county clearly and
convincingly demonstrates that the change is necessary for effective
solid waste management within the county and will not negatively affect
the solid waste management system of either region. The procedure for
establishing solid waste management regions set forth in section 260.300
shall take priority over and be followed in exclusion to the rulemaking
procedure set forth in chapter 536, RSMo, and section 260.225. (L. 1992
H.B. 1732)

Effective 6-19-92

1. A solid waste management district may be created and
incorporated in each solid waste management region as provided in
sections 260.300* to 260.345 and may exercise the powers granted to it in
sections 260.300 to 260.345.

2. When a solid waste management district is organized it shall be a body
corporate of the state and shall be known as "............... Solid Waste
Management District".

3. A county or two or more counties within a region may form or join a
district as provided herein. The governing body of any county, by
adoption of an ordinance or order, may join an existing district or form
a district if the county is located in a region which does not have an
existing district. The governing body of any two or more counties within
the same region may join together to form a district by adoption of an
ordinance or order. A city located in more than one county may join a
district which encompasses any one of the counties within which it is
located, regardless of whether the remaining counties containing the city
join the district.

4. A solid waste management district created and organized under
authority of sections 260.300 to 260.345 shall become a body corporate
and politic of the state at the time the governing body of the county or
counties forming the district has adopted an order or ordinance to form
the district under the provisions of this section and has provided
written notice to the department of natural resources of the adoption of
such order or ordinance. A county shall become a part of an existing
district at the time the governing body of such county has adopted an
order or ordinance to join the district and has provided written notice
to the governing body of each county in the existing district and has
provided written notice to the department of natural resources.

5. If a county governing body does not form or join a district, the
question of forming or joining a district may be submitted to the voters
of any county on any regular election day as provided in section 115.123,
RSMo. The question may be submitted or resubmitted to the voters of any
county upon the submission of a petition signed by a number of voters
which is at least equal to five percent of those voting in the most
recent gubernatorial election. The question shall be submitted in
substantially either of the following forms:

Shall ......... (insert county name) become a member of the .........
(insert name) solid waste management district?; or if a solid waste
management district has not been formed within the region:

Shall .......... (insert county name) form the .......... (insert name)
solid waste management district? The election authority shall notify the
secretary of state as to the results of the election. The secretary of
state shall transmit the election results to the director of the
department of natural resources who shall declare districts created
within all counties of each region wherein the question received a
majority of the votes cast. The director's declaration shall be
transmitted to the governing body of each county within the district. (L.
1990 S.B. 530, A.L. 1992 H.B. 1732)

Effective 6-19-92

*Section number "260.200" appears in original rolls, an apparent
typographical error.

1. The authority of the district shall not extend to any county
within the region which has not joined the district.

2. The district may enter into a contract with any city or county within
the district to provide all or part of the solid waste management
services for the city or county. A city or county shall not be required
to meet the provisions of section 260.220 or of section 260.325 if a
district includes the city or county within its solid waste plan and the
city or county has by contract given the district complete authority for
managing the solid waste of the city or county.

3. The district and the counties and cities within the district may enter
into whatever contracts or agreements they deem necessary to fulfill
their responsibilities under this chapter. Nothing in this section shall
preclude the transfer of solid waste outside the boundaries of the
district.

4. Contracts issued for the collection or disposal of solid waste in
cities, counties, and districts shall not require either security
instruments or performance bonds in excess of twenty percent of the total
cost of the contract.

5. Any county or counties which are within a solid waste management
district may, in cooperation with the district, require by ordinance or
order that any solid waste transported from outside the district to a
solid waste processing facility or solid waste disposal area within the
district be subject to the same requirements as solid waste originating
from within the district as set forth in the solid waste management plan
under section 260.325, including the separation of recyclable or
compostable materials from the solid waste stream before entering a
district's solid waste management system.

6. A solid waste management district may be created and incorporated in
each solid waste management region as provided in sections 260.200 to
260.345 and may exercise the powers granted to it in sections 260.200 to
260.345. (L. 1990 S.B. 530)

1. There is hereby established a solid waste management council
for each solid waste management district, except for those districts
which formulate an alternative management structure pursuant to section
260.300. The governing body of each city with a population over five
hundred within the district shall appoint one member of the city
governing body and the governing body of each county within the district
shall appoint two members of the county governing body to the council.

2. Council members shall serve a term of two years and may be reappointed
thereafter; however, members whose elected term of office in a city or
county has expired shall be expeditiously replaced by the governing
bodies from whence they were selected.

3. The council shall meet within thirty days of the receipt of
notification of formation of the district at the call of the governing
body of the county containing the largest population among those counties
approving the formation of the district or, at the call of the director
of the department, if the county does not call the meeting. A majority of
the council shall constitute a quorum.

4. The council shall:

(1) Organize itself and select a chairman and such other officers as it
deems appropriate;

(2) Select seven persons to serve on the executive board, at least a
majority of whom shall be selected from members of the council. The
council shall establish the terms of office for members of the executive
board. The balance shall be selected in any manner approved by the
council, including district-wide elections. Any subsequent member of the
board shall be selected in the same manner as the person he replaces. If
the council is composed of twelve or fewer members, the council shall act
as the executive board;

(3) Meet at least twice annually and upon the call of either the chairman
of the council or the chairman of the executive board; and

(4) Review and act upon the solid waste management plan recommended by
the executive board. (L. 1990 S.B. 530)

1. The executive board shall meet within thirty days after the
selection of the initial members. The time and place of the first meeting
of the board shall be designated by the council. A majority of the
members of the board shall constitute a quorum. At its first meeting the
board shall elect a chairman from its members and select a secretary,
treasurer and such officers or employees as it deems expedient or
necessary for the accomplishment of its purposes. The secretary and
treasurer need not be members of the board.

2. The executive board may adopt, alter or repeal its own bylaws, rules
and regulations governing the manner in which its business may be
transacted, including procedures for the replacement of persons who
habitually fail to attend board meetings, and may establish its fiscal
year, adopt an official seal, apply for and accept grants, gifts or
appropriations from any public or private sector, make all expenditures
which are incidental and necessary to carry out its purposes and powers,
and take such action, enter into such agreements and exercise all other
powers and functions necessary or appropriate to carry out the duties and
purposes of sections 260.200 to 260.345.

3. The executive board shall:

(1) Review and comment upon applications for permits submitted pursuant
to section 260.205, for solid waste processing facilities and solid waste
disposal areas which are to be located within the region or, if located
in an adjacent region, which will impact solid waste management practices
within the region;

(2) Prepare and recommend to the council a solid waste management plan
for the district;

(3) Identify illegal dump sites and provide all available information
about such sites to the appropriate county prosecutor and to the
department;

(4) Establish an education program to inform the public about responsible
waste management practices;

(5) Establish procedures to minimize the introduction of small quantities
of hazardous waste, including household hazardous waste, into the solid
waste stream;

(6) Assure adequate capacity to manage waste which is not otherwise
removed from the solid waste stream; and

(7) Appoint one or more geographically balanced advisory committees
composed of the representatives of commercial generators, representatives
of the solid waste management industry, and two citizens unaffiliated
with a solid waste facility or operation to assess and make
recommendations on solid waste management.

4. The executive board may enter into contracts with any person for
services related to any component of the solid waste management system.
Bid specifications for solid waste management services shall be designed
to meet the objectives of sections 260.200 to 260.345, encourage small
businesses to engage and compete in the delivery of waste management
services and to minimize the long-run cost of managing solid waste. Bid
specifications shall enumerate the minimum components and minimum
quantities of waste products which shall be recycled by the successful
bidder. The board shall divide the district into units to maximize access
for small businesses when it requests bids for solid waste management
services.

5. No person shall serve as a member of the council or of the executive
board who is a stockholder, officer, agent, attorney or employee or who
is in any way pecuniarily interested in any business which engages in any
aspect of solid waste management regulated under sections 260.200 to
260.345; provided, however, that such member may own stock in a publicly
traded corporation which may be involved in waste management as long as
such holdings are not substantial. (L. 1990 S.B. 530)

1. The executive board of each district shall submit to the
department a plan which has been approved by the council for a solid
waste management system serving areas within its jurisdiction and shall,
from time to time, submit officially adopted revisions of its plan as it
deems necessary or the department may require. In developing the
district's solid waste management plan, the board shall consider the
model plan distributed to the board pursuant to section 260.225.
Districts may contract with a licensed professional engineer or as
provided in chapter 70, RSMo, for the development and submission of a
joint plan.

2. The board shall hold at least one public hearing in each county in the
district when it prepares a proposed plan or substantial revisions to a
plan in order to solicit public comments on the plan.

3. The solid waste management plan shall be submitted to the department
within eighteen months of the formation of the district. The plan shall
be prepared and submitted according to the procedures specified in
section 260.220 and this section.

4. Each plan shall:

(1) Delineate areas within the district where solid waste management
systems are in existence;

(2) Reasonably conform to the rules and regulations adopted by the
department for implementation of sections 260.200 to 260.345;

(3) Delineate provisions for the collection of recyclable materials or
collection points for recyclable materials;

(4) Delineate provisions for the collection of compostable materials or
collection points for compostable materials;

(5) Delineate provisions for the separation of household waste and other
small quantities of hazardous waste at the source or prior to disposal;

(6) Delineate provisions for the orderly extension of solid waste
management services in a manner consistent with the needs of the
district, including economic impact, and in a manner which will minimize
degradation of the waters or air of the state, prevent public nuisances
or health hazards, promote recycling and waste minimization and otherwise
provide for the safe and sanitary management of solid waste;

(7) Take into consideration existing comprehensive plans, population
trend projections, engineering and economics so as to delineate those
portions of the district which may reasonably be expected to be served by
a solid waste management system;

(8) Specify how the district will achieve a reduction in solid waste
placed in sanitary landfills through waste minimization, reduction and
recycling;

(9) Establish a timetable, with milestones, for the reduction of solid
waste placed in a landfill through waste minimization, reduction and
recycling;

(10) Establish an education program to inform the public about
responsible waste management practices;

(11) Establish procedures to minimize the introduction of small
quantities of hazardous waste, including household hazardous waste, into
the solid waste stream;

(12) Establish a time schedule and proposed method of financing for the
development, construction and operation of the planned solid waste
management system together with the estimated cost thereof;

(13) Identify methods by which rural households that are not served by a
regular solid waste collection service may participate in waste
reduction, recycling and resource recovery efforts within the district;
and

(14) Include such other reasonable information as the department shall
require.

5. The board shall review the district's solid waste management plan at
least every twenty-four months for the purpose of evaluating the
district's progress in meeting the requirements and goals of the plan,
and shall submit plan revisions to the department and council.

6. In the event any plan or part thereof is disapproved, the department
shall furnish any and all reasons for such disapproval and shall offer
assistance for correcting deficiencies. The executive board shall within
sixty days revise and resubmit the plan for approval or request a hearing
in accordance with section 260.235. Any plan submitted by a district
shall stand approved one hundred twenty days after submission unless the
department disapproves the plan or some provision thereof.

7. The director may institute appropriate action under section 260.240 to
compel submission of plans in accordance with sections 260.200 to 260.345
and the rules and regulations adopted pursuant to sections 260.200 to
260.345.

8. The provisions of section 260.215 to the contrary notwithstanding, any
county within a region which on or after January 1, 1995, is not a member
of a district shall by June 30, 1995, submit a solid waste management
plan to the department of natural resources. Any county which withdraws
from a district and all cities within the county with a population over
five hundred shall submit a solid waste plan or a revision to an existing
plan to the department of natural resources within one hundred eighty
days of its decision not to participate. The plan shall meet the
requirements of section 260.220 and this section.

9. Funds may, upon appropriation, be made available to cities, counties
and districts, under section 260.335, for the purpose of implementing the
requirements of this section.

10. The district board shall arrange for independent financial audits of
the records and accounts of its operations by a certified public
accountant or a firm of certified public accountants. Districts receiving
two hundred thousand dollars or more of financial assistance shall have
annual independent financial audits and districts receiving less than two
hundred thousand dollars of financial assistance shall have independent
financial audits at least once every two years. The state auditor may
examine the findings of such audits and may conduct audits of the
districts. Subject to limitations caused by the availability resources,
the department shall conduct a performance audit of grants to each
district at least once every three years. (L. 1990 S.B. 530, A.L. 1991
S.B. 45, A.L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225)

1. Except as otherwise provided in subsection 6 of this section,
effective October 1, 1990, each operator of a solid waste sanitary
landfill shall collect a charge equal to one dollar and fifty cents per
ton or its volumetric equivalent of solid waste accepted and each
operator of the solid waste demolition landfill shall collect a charge
equal to one dollar per ton or its volumetric equivalent of solid waste
accepted. Each operator shall submit the charge, less collection costs,
to the department of natural resources for deposit in the "Solid Waste
Management Fund" which is hereby created. On October 1, 1992, and
thereafter, the charge imposed herein shall be adjusted annually by the
same percentage as the increase in the general price level as measured by
the Consumer Price Index for All Urban Consumers for the United States,
or its successor index, as defined and officially recorded by the United
States Department of Labor or its successor agency. No annual adjustment
shall be made to the charge imposed under this subsection during October
1, 2005, to October 1, 2009, except an adjustment amount consistent with
the need to fund the operating costs of the department and taking into
account any annual percentage increase in the total of the volumetric
equivalent of solid waste accepted in the prior year at solid waste
sanitary landfills and demolition landfills and solid waste to be
transported out of this state for disposal that is accepted at transfer
stations. No annual increase during October 1, 2005, to October 1, 2009,
shall exceed the percentage increase measured by the Consumer Price Index
for All Urban Consumers for the United States, or its successor index, as
defined and officially recorded by the United States Department of Labor
or its successor agency and calculated on the percentage of revenues
dedicated under subdivision (1) of subsection 2 of section 260.335. Any
such annual adjustment shall only be made at the discretion of the
director, subject to appropriations. Collection costs shall be
established by the department and shall not exceed two percent of the
amount collected pursuant to this section.

2. The department shall, by rule and regulation, provide for the method
and manner of collection.

3. The charges established in this section shall be enumerated separately
from the disposal fee charged by the landfill and may be passed through
to persons who generated the solid waste. Moneys shall be transmitted to
the department shall be no less than the amount collected less collection
costs and in a form, manner and frequency as the department shall
prescribe. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, moneys in the account shall not lapse to general revenue
at the end of each biennium. Failure to collect the charge does not
relieve the operator from responsibility for transmitting an amount equal
to the charge to the department.

4. The department may examine or audit financial records and landfill
activity records and measure landfill usage to verify the collection and
transmittal of the charges established in this section. The department
may promulgate by rule and regulation procedures to ensure and to verify
that the charges imposed herein are properly collected and transmitted to
the department.

5. Effective October 1, 1990, any person who operates a transfer station
in Missouri shall transmit a fee to the department for deposit in the
solid waste management fund which is equal to one dollar and fifty cents
per ton or its volumetric equivalent of solid waste accepted. Such fee
shall be applicable to all solid waste to be transported out of the state
for disposal. On October 1, 1992, and thereafter, the charge imposed
herein shall be adjusted annually by the same percentage as the increase
in the general price level as measured by the Consumer Price Index for
All Urban Consumers for the United States, or its successor index, as
defined and officially recorded by the United States Department of Labor
or its successor agency. No annual adjustment shall be made to the charge
imposed under this subsection during October 1, 2005, to October 1, 2009,
except an adjustment amount consistent with the need to fund the
operating costs of the department and taking into account any annual
percentage increase in the total of the volumetric equivalent of solid
waste accepted in the prior year at solid waste sanitary landfills and
demolition landfills and solid waste to be transported out of this state
for disposal that is accepted at transfer stations. No annual increase
during October 1, 2005, to October 1, 2009, shall exceed the percentage
increase measured by the Consumer Price Index for All Urban Consumers for
the United States, or its successor index, as defined and officially
recorded by the United States Department of Labor or its successor agency
and calculated on the percentage of revenues dedicated under subdivision
(1) of subsection 2 of section 260.335. Any such annual adjustment shall
only be made at the discretion of the director, subject to
appropriations. The department shall prescribe rules and regulations
governing the transmittal of fees and verification of waste volumes
transported out of state from transfer stations. Collection costs shall
also be established by the department and shall not exceed two percent of
the amount collected pursuant to this subsection. A transfer station with
the sole function of separating materials for recycling or resource
recovery activities shall not be subject to the fee imposed in this
subsection.

6. Each political subdivision which owns an operational solid waste
disposal area may designate, pursuant to this section, up to two free
disposal days during each calendar year. On any such free disposal day,
the political subdivision shall allow residents of the political
subdivision to dispose of any solid waste which may be lawfully disposed
of at such solid waste disposal area free of any charge, and such waste
shall not be subject to any state fee pursuant to this section. Notice of
any free disposal day shall be posted at the solid waste disposal area
site and in at least one newspaper of general circulation in the
political subdivision no later than fourteen days prior to the free
disposal day. (L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L. 1999 H.B.
603, et al., A.L. 2005 S.B. 225)

1. Each fiscal year eight hundred thousand dollars from the
solid waste management fund shall be made available, upon appropriation,
to the department and the environmental improvement and energy resources
authority to fund activities that promote the development and maintenance
of markets for recovered materials. Each fiscal year up to two hundred
thousand dollars from the solid waste management fund be used by the
department upon appropriation for grants to solid waste management
districts for district grants and district operations. Only those solid
waste management districts that are allocated fewer funds under
subsection 2 of this section than if revenues had been allocated based on
the criteria in effect in this section on August 27, 2004, are eligible
for these grants. An eligible district shall receive a proportionate
share of these grants based on that district's share of the total
reduction in funds for eligible districts calculated by comparing the
amount of funds allocated under subsection 2 of this section with the
amount of funds that would have been allocated using the criteria in
effect in this section on August 27, 2004. The department and the
authority shall establish a joint interagency agreement with the
department of economic development to identify state priorities for
market development and to develop the criteria to be used to judge
proposed projects. Additional moneys may be appropriated in subsequent
fiscal years if requested. The authority shall establish a procedure to
measure the effectiveness of the grant program under this subsection and
shall provide a report to the governor and general assembly by January
fifteenth of each year regarding the effectiveness of the program.

2. All remaining revenues deposited into the fund each fiscal year after
moneys have been made available under subsection 1 of this section shall
be allocated as follows:

(1) Thirty-nine percent of the revenues shall be dedicated, upon
appropriation, to the elimination of illegal solid waste disposal, to
identify and prosecute persons disposing of solid waste illegally, to
conduct solid waste permitting activities, to administer grants and
perform other duties imposed in sections 260.200 to 260.345 and section
260.432. In addition to the thirty-nine percent of the revenues, the
department may receive any annual increase in the charge during October
1, 2005, to October 1, 2009, under section 260.330 and such increases
shall be used solely to fund the operating costs of the department;

(2) Sixty-one percent of the revenues, except any annual increases in the
charge under section 260.330 during October 1, 2005, to October 1, 2009,
which shall be used solely to fund the operating costs of the department,
shall be allocated through grants, upon appropriation, to participating
cities, counties, and districts. Revenues to be allocated under this
subdivision shall be divided as follows: forty percent shall be allocated
based on the population of each district in the latest decennial census,
and sixty percent shall be allocated based on the amount of revenue
generated within each district. For the purposes of this subdivision,
revenue generated within each district shall be determined from the
previous year's data. No more than fifty percent of the revenue allocable
under this subdivision may be allocated to the districts upon approval of
the department for implementation of a solid waste management plan and
district operations, and at least fifty percent of the revenue allocable
to the districts under this subdivision shall be allocated to the cities
and counties of the district or to persons or entities providing solid
waste management, waste reduction, recycling and related services in
these cities and counties. Each district shall receive a minimum of
seventy-five thousand dollars under this subdivision. After August 28,
2005, each district shall receive a minimum of ninety-five thousand
dollars under this subdivision for district grants and district
operations. Each district receiving moneys under this subdivision shall
expend such moneys pursuant to a solid waste management plan required
under section 260.325, and only in the case that the district is in
compliance with planning requirements established by the department.
Moneys shall be awarded based upon grant applications. Any moneys
remaining in any fiscal year due to insufficient or inadequate
applications may be reallocated pursuant to this subdivision;

(3) Except for the amount up to one-fourth of the department's previous
fiscal year expense, any remaining unencumbered funds generated under
subdivision (1) of this subsection in prior fiscal years shall be
reallocated under this section;

(4) Funds may be made available under this subsection for the
administration and grants of the used motor oil program described in
section 260.253;

(5) The department and the environmental improvement and energy resources
authority shall conduct sample audits of grants provided under this
subsection.

3. The advisory board created in section 260.345 shall recommend criteria
to be used to allocate grant moneys to districts, cities and counties.
These criteria shall establish a priority for proposals which provide
methods of solid waste reduction and recycling. The department shall
promulgate criteria for evaluating grants by rule and regulation.
Projects of cities and counties located within a district which are
funded by grants under this section shall conform to the district solid
waste management plan.

4. The funds awarded to the districts, counties and cities pursuant to
this section shall be used for the purposes set forth in sections 260.300
to 260.345, and shall be used in addition to existing funds appropriated
by counties and cities for solid waste management and shall not supplant
county or city appropriated funds.

5. The department, in conjunction with the solid waste advisory board,
shall review the performance of all grant recipients to ensure that grant
moneys were appropriately and effectively expended to further the
purposes of the grant, as expressed in the recipient's grant application.
The grant application shall contain specific goals and implementation
dates, and grant recipients shall be contractually obligated to fulfill
same. The department may require the recipient to submit periodic reports
and such other data as are necessary, both during the grant period and up
to five years thereafter, to ensure compliance with this section. The
department may audit the records of any recipient to ensure compliance
with this section. Recipients of grants under sections 260.300 to 260.345
shall maintain such records as required by the department. If a grant
recipient fails to maintain records or submit reports as required herein,
refuses the department access to the records, or fails to meet the
department's performance standards, the department may withhold
subsequent grant payments, if any, and may compel the repayment of funds
provided to the recipient pursuant to a grant.

6. The department shall provide for a security interest in any machinery
or equipment purchased through grant moneys distributed pursuant to this
section.

7. If the moneys are not transmitted to the department within the time
frame established by the rule promulgated, interest shall be imposed on
the moneys due the department at the rate of ten percent per annum from
the prescribed due date until payment is actually made. These interest
amounts shall be deposited to the credit of the solid waste management
fund. (L. 1990 S.B. 530, A.L. 1993 S.B. 80, et al., A.L. 1995 S.B. 60 &
112, A.L. 2004 S.B. 1040, A.L. 2005 S.B. 225)

A state "Solid Waste Advisory Board" is created within the
department of natural resources. The advisory board shall be composed of
the chairman of the executive board of each of the solid waste management
districts and other members as provided in this section. Up to five
additional members shall be appointed by the director of which two
members shall represent the solid waste management industry and have an
economic interest in or activity with any solid waste facility or
operation, one member may represent the solid waste composting or
recycling industry businesses, and the remaining members shall be public
members who have demonstrated interest in solid waste management issues
and shall have no economic interest in or activity with any solid waste
facility or operation but may own stock in a publicly traded corporation
which may be involved in waste management as long as such holdings are
not substantial. The advisory board shall advise the department regarding:

(1) The efficacy of its technical assistance program;

(2) Solid waste management problems experienced by solid waste management
districts;

(3) The effects of proposed rules and regulations upon solid waste
management within the districts;

(4) Criteria to be used in awarding grants pursuant to section 260.335;

(5) Waste management issues pertinent to the districts;

(6) The development of improved methods of solid waste minimization,
recycling and resource recovery; and

(7) Such other matters as the advisory board may determine. (L. 1990 S.B.
530, A.L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225)

Sections 260.350 to 260.430 shall be known and may be cited as
the "Missouri Hazardous Waste Management Law". (L. 1977 H.B. 318 § 1)

All corrective action plans approved by the department pursuant
to the provisions of sections 260.350 to 260.430 shall require the
department, upon notice by the owner or operator that the approved plan
has been completed, to verify within ninety days that the corrective
action plan has been complied with and completed. The department shall
issue a letter within thirty business days to the owners or operators
certifying the completion and compliance. (L. 2000 H.B. 1238 § 1 merged
with S.B. 894 § 2)

Exempted from the provisions of sections 260.350 to 260.480 are:

(1) Radioactive wastes regulated under section 2011, et seq., of title 42
of United States Code;

(2) Emissions to the air subject to regulation of and which are regulated
by the Missouri air conservation commission pursuant to chapter 643, RSMo;

(3) Discharges to the waters of this state pursuant to a permit issued by
the Missouri clean water commission pursuant to chapter 204, RSMo;

(4) Fluids injected or returned into subsurface formations in connection
with oil or gas operations regulated by the Missouri oil and gas council
pursuant to chapter 259, RSMo;

(5) Mining wastes used in reclamation of mined lands pursuant to a permit
issued by the Missouri land reclamation commission pursuant to chapter
444, RSMo. (L. 1977 H.B. 318 § 2, A.L. 1985 S.B. 110)

Effective 6-27-85

When used in sections 260.350 to 260.430 and in standards, rules
and regulations adopted pursuant to sections 260.350 to 260.430, the
following words and phrases mean:

(1) "Cleanup", all actions necessary to contain, collect, control, treat,
disburse, remove or dispose of a hazardous waste;

(2) "Commission", the hazardous waste management commission of the state
of Missouri created by sections 260.350 to 260.430;

(3) "Conference, conciliation and persuasion", a process of verbal or
written communications consisting of meetings, reports, correspondence or
telephone conferences between authorized representatives of the
department and the alleged violator. The process shall, at a minimum,
consist of one offer to meet with the alleged violator tendered by the
department. During any such meeting, the department and the alleged
violator shall negotiate in good faith to eliminate the alleged violation
and shall attempt to agree upon a plan to achieve compliance;

(4) "Department", the Missouri department of natural resources;

(5) "Detonation", an explosion in which chemical transformation passes
through the material faster than the speed of sound, which is 0.33
kilometers per second at sea level;

(6) "Director", the director of the Missouri department of natural
resources;

(7) "Disposal", the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any waste into or on any land or water so that
such waste, or any constituent thereof, may enter the environment or be
emitted into the air or be discharged into the waters, including
groundwaters;

(8) "Final disposition", the location, time and method by which hazardous
waste loses its identity or enters the environment, including, but not
limited to, disposal, resource recovery and treatment;

(9) "Generation", the act or process of producing waste;

(10) "Generator", any person who produces waste;

(11) "Hazardous waste", any waste or combination of wastes, as determined
by the commission by rules and regulations, which, because of its
quantity, concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating
reversible, illness, or pose a present or potential threat to the health
of humans or the environment;

(12) "Hazardous waste facility", any property that is intended or used
for hazardous waste management including, but not limited to, storage,
treatment and disposal sites;

(13) "Hazardous waste management", the systematic recognition and control
of hazardous waste from generation to final disposition including, but
not limited to, its identification, containerization, labeling, storage,
collection, transfer or transportation, treatment, resource recovery or
disposal;

(14) "Infectious waste", waste in quantities and characteristics as
determined by the department by rule and regulation, including the
following wastes known or suspected to be infectious: isolation wastes,
cultures and stocks of etiologic agents, contaminated blood and blood
products, other contaminated surgical wastes, wastes from autopsy,
contaminated laboratory wastes, sharps, dialysis unit wastes, discarded
biologicals and antineoplastic chemotherapeutic materials; provided,
however, that infectious waste does not mean waste treated to department
specifications;

(15) "Manifest", a department form accompanying hazardous waste from
point of generation, through transport, to final disposition;

(16) "Minor violation", a violation which possesses a small potential to
harm the environment or human health or cause pollution, was not
knowingly committed, and is not defined by the United States
Environmental Protection Agency as other than minor;

(17) "Person", an individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision or any agency, board, department or bureau
of the state or federal government or any other legal entity whatever
which is recognized by law as the subject of rights and duties;

(18) "Resource recovery", the reclamation of energy or materials from
waste, its reuse or its transformation into new products which are not
wastes;

(19) "Storage", the containment or holding of waste at a designated
location in such manner or for such a period of time, as determined in
regulations adopted hereunder, so as not to constitute disposal of such
waste;

(20) "Treatment", the processing of waste to remove or reduce its harmful
properties or to contribute to more efficient or less costly management
or to enhance its potential for resource recovery including, but not
limited to, existing or future procedures for biodegradation,
concentration, reduction in volume, detoxification, fixation,
incineration or neutralization;

(21) "Waste", any material for which no use or sale is intended and which
will be discarded or any material which has been or is being discarded.
"Waste" shall also include certain residual materials, to be specified by
the rules and regulations, which may be sold for purposes of energy or
materials reclamation, reuse or transformation into new products which
are not wastes;

(22) "Waste explosives", any waste which has the potential to detonate,
or any bulk military propellant which cannot be safely disposed of
through other modes of treatment. (L. 1977 H.B. 318 § 3, A.L. 1980 2d Ex.
Sess. H.B. 5, et al., A.L. 1985 S.B. 110, A.L. 1986 H.B. 875 & 1649, A.L.
1987 H.B. 375, A.L. 1993 S.B. 80, et al.)

1. There is hereby created a hazardous waste management agency
to be known as the "Hazardous Waste Management Commission of the State of
Missouri", whose domicile for the purpose of sections 260.350 to 260.430
shall be deemed to be that of the department of natural resources of the
state of Missouri. The commission shall consist of seven members
appointed by the governor with the advice and consent of the senate. No
more than four members shall belong to the same political party. All
members shall be representative of the general interest of the public and
shall have an interest in and knowledge of waste management and the
effects of improper waste management on health and the environment and
shall serve in a manner consistent with the purposes of sections 260.350
to 260.430. Three of the members, but no more than three, one for each
interest, shall be knowledgeable of and may be employed in agriculture,
the waste generating industry and the waste management industry. Except
for the industry members, no member shall receive, or have received
during the previous two years, a significant portion of income directly
or indirectly from any license or permit holder or applicant for license
or permit under any waste management act. At the first meeting of the
commission and annually thereafter, the members shall select from among
themselves a chairman and a vice chairman. Prior to any vote on any
variance, appeal or order, they shall adopt a voting rule to exclude from
such vote any member with a conflict of interest with respect to the
matter at issue.

2. The members' terms of office shall be four years and until their
successors are selected and qualified, except that, of those first
appointed, three shall have a term of three years, two shall have a term
of two years and two shall have a term of one year as designated by the
governor at the time of appointment. There is no limitation on the number
of terms any appointed member may serve. If a vacancy occurs the governor
may appoint a member for the remaining portion of the unexpired term
created by the vacancy. The governor may remove any appointed member for
cause. The members of the commission shall be reimbursed for actual and
necessary expenses incurred in the performance of their duties, and shall
receive fifty dollars per day for each day spent in the performance of
their official duties while in attendance at regular commission meetings.

3. The commission shall hold at least four regular meetings each year and
such additional meetings as the chairman deems desirable at a place and
time to be fixed by the chairman. Special meetings may be called by three
members of the commission upon delivery of written notice to each member
of the commission. Reasonable written notice of all meetings shall be
given by the department to all members of the commission. Four members of
the commission shall constitute a quorum. All powers and duties conferred
upon members of the commission shall be exercised personally by the
members and not by alternates or representatives. All actions of the
commission shall be taken at meetings open to the public. Any member
absent from four consecutive regular commission meetings for any cause
whatsoever shall be deemed to have resigned and the vacancy shall be
filled immediately in accordance with this section. (L. 1977 H.B. 318 §
4, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)

Effective 10-31-80

CROSS REFERENCE:

Fee for transportation of hazardous waste, used oil, or infectious waste,
amount to be established by Missouri hazardous waste management
commission, RSMo 226.008

1. Where proven technology is available and the economic impact
is reasonable, pursuant to rules and regulations promulgated by the
commission, the hazardous waste management commission shall encourage
that every effort is made to effectively treat, recycle, detoxify,
incinerate or otherwise treat hazardous waste to be disposed of in the
state of Missouri in order that such wastes are not disposed of in a
manner which is hazardous to the public health and the environment. Where
proven technology is available with respect to a specific hazardous waste
and the economic impact is reasonable, pursuant to rules and regulations
promulgated by the commission, the hazardous waste management commission
shall direct that disposal of the specific hazardous wastes using land
filling as the primary method is prohibited.

2. The hazardous waste management commission shall, by rules and
regulations, categorize hazardous waste by taking into account toxicity,
persistence and degradability in nature, potential for accumulation in
tissue, and other related factors such as flammability, corrosiveness and
other hazardous characteristics. The commission shall by rules and
regulations further establish within each category the wastes which may
or may not be disposed of through alternative hazardous waste management
technologies including, but not limited to, treatment facilities,
incinerators, landfills, landfarms, storage facilities, surface
impoundments, recycling, reuse and reduction. The commission shall
specify, by rule and regulation, the frequency of inspection for each
method of hazardous waste management and for the different waste
categories at hazardous waste management sites. The inspection may be
daily when the hazardous waste management commission deems it necessary.
The hazardous waste management commission shall specify, by rule, fees to
be paid to the department by owners or operators of hazardous waste
facilities who have obtained, or are required to obtain, a hazardous
waste facility permit and who accept, on a commercial basis for
remuneration, hazardous waste from off-site sources, but not including
wastes generated by the same person at other sites located in Missouri or
within a metropolitan statistical area located partially in Missouri and
owned or operated by the same person and transferred to the hazardous
waste facility, for treatment, storage or disposal, for inspections
conducted by the department to determine compliance with sections 260.350
to 260.430 and the regulations promulgated thereunder. Funds derived from
these inspection fees shall be used for the purpose of funding the
inspection of hazardous waste facilities, as specified in subsection 3 of
section 260.391. Such fees shall not exceed twelve thousand dollars per
year per facility and the commission shall establish a graduated fee
scale based on the volume of hazardous waste accepted with reduced fees
for facilities accepting smaller volumes of hazardous waste. The
department shall furnish, upon request, to the person, firm or
corporation operating the hazardous waste facility a complete, full and
detailed accounting of the cost of the department's inspections of the
facility for the twelve-month period immediately preceding the request
within forty-five days after receipt of the request. Failure to provide
the accounting within forty-five days shall require the department to
refund the inspection fee paid during the twelve-month-time period.

3. In addition to any other powers vested in it by law, the commission
shall have the following powers:

(1) From time to time adopt, amend or repeal, after due notice and public
hearing, standards, rules and regulations to implement, enforce and carry
out the provisions of sections 260.350 to 260.430 and any required of
this state by any federal hazardous waste management act and as the
commission may deem necessary to provide for the safe management of
hazardous wastes to protect the health of humans and the environment. In
implementing this subsection, the commission shall consider the
variations within this state in climate, geology, population density,
quantities and types of hazardous wastes generated, availability of
hazardous waste facilities and such other factors as may be relevant to
the safe management of hazardous wastes. Within two years after September
28, 1977, the commission shall adopt rules and regulations including the
following:

(a) Rules and regulations establishing criteria and a listing for the
determination of whether any waste or combination of wastes is hazardous
for the purposes of sections 260.350 to 260.430, taking into account
toxicity, persistence and degradability in nature, potential for
accumulation in tissue, and other related factors such as flammability,
corrosiveness and other hazardous characteristics;

(b) Rules and regulations for the storage, treatment and disposal of
hazardous wastes;

(c) Rules and regulations for the transportation, containerization and
labeling of hazardous wastes, which shall be consistent with those issued
by the Missouri public service commission;

(d) Rules and regulations establishing standards for the issuance,
modification, suspension, revocation or denial of such licenses and
permits as are consistent with the purposes of sections 260.350 to
260.430;

(e) Rules and regulations establishing standards and procedures for the
safe operation and maintenance of hazardous waste facilities in order to
protect the health of humans and other living organisms;

(f) Rules and regulations listing those wastes or combinations of wastes,
for which criteria have been established under paragraph (a) of this
subdivision and which are not compatible and which may not be stored or
disposed of together;

(g) Rules and regulations establishing procedures and requirements for
the reporting of the generation, storage, transportation, treatment or
disposal of hazardous wastes;

(2) Adopt and publish, after notice as required by the provisions of
chapter 536, RSMo, pertaining to administrative rulemaking, and public
hearing, a state hazardous waste management plan to provide for the safe
and effective management of hazardous wastes within this state. This plan
shall be adopted within two years after September 28, 1977, and revised
at least once every five years thereafter;

(3) Hold hearings, issue notices of hearings and subpoenas requiring the
attendance of witnesses and the production of evidence, administer oaths
and take testimony as the commission deems necessary to accomplish the
purposes of sections 260.350 to 260.430 or as required by any federal
hazardous waste management act. Unless otherwise specified in sections
260.350 to 260.430, any of these powers may be exercised on behalf of the
commission by any members thereof or a hearing officer designated by it;

(4) Grant individual variances in accordance with the provisions of
sections 260.350 to 260.430;

(5) Make such orders as are necessary to implement, enforce and
effectuate the powers, duties and purposes of sections 260.350 to 260.430.

4. No rule or portion of a rule promulgated under the authority of
sections 260.350 to 260.480 and sections 260.565 to 260.575 shall become
effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo.

5. To the extent there is a conflict concerning authority for risk- based
remediation rules between this section and section 644.143, RSMo, or
subdivision (8) of section 644.026, RSMo, this section shall prevail.

6. Beginning July 1, 2004, a joint committee appointed by the speaker of
the house of representatives and the president pro tem of the senate
shall consider proposals for restructuring the fees paid by hazardous
waste generators and hazardous waste facilities. The committee shall
consider options for expanding the fee structure to more fairly apportion
the cost of services provided among all those that benefit from those
services. The committee shall prepare and submit a report including its
recommendation for changes to the governor, the house of representatives,
and the senate no later than December 31, 2004. (L. 1977 H.B. 318 § 5,
A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1988 S.B. 535, A.L. 1993 S.B.
52 merged with S.B. 80, et al., A.L. 1995 S.B. 3, A.L. 2004 S.B. 901
merged with S.B. 1040)

Effective 6-22-04 (S.B. 1040) 8-28-04 (S.B. 901)

The provisions of this act* are severable, except as otherwise
provided in sections 260.225 and 260.370. If any provision of this act*
is found by a court of competent jurisdiction to be invalid or
unconstitutional, the remaining provisions of this act shall remain in
full force and effect. (L. 1988 S.B. 535 § 3)

Effective 5-3-88

*"This act" (S.B. 535, 1988) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

1. The Missouri hazardous waste management commission within the
Missouri department of natural resources is hereby given the authority to
aid in the promotion of hazardous waste recycling, reuse, or reduction by
entering into contracts, subject to appropriations, for the development
and implementation of projects dealing with said uses of hazardous wastes
or the purchase and development of machinery, equipment, appliances,
devices, and supplies solely required to develop and operate hazardous
waste recycling, reuse, and reduction projects.

2. The hazardous waste management commission within the Missouri
department of natural resources shall promulgate rules and regulations to
establish or participate in one or more regional waste exchange clearing
houses where generators of wastes may list those wastes that have market
value or other use. (L. 1980 2d Ex. Sess. H.B. 5, et al.)

Effective 10-31-80

The department shall:

(1) Exercise general supervision of the administration and enforcement of
sections 260.350 to 260.430 and all standards, rules and regulations,
orders or license and permit terms and conditions adopted or issued
pursuant to sections 260.350 to 260.430;

(2) Develop and implement programs to achieve goals and objectives set by
the state hazardous waste management plan;

(3) Retain, employ, provide for and compensate, within appropriations
available therefor, such consultants, assistants, deputies, clerks and
other employees on a full- or part-time basis as may be necessary to
carry out the provisions of sections 260.350 to 260.430 and prescribe the
times at which they shall be appointed and their powers and duties;

(4) Budget and receive duly appropriated moneys for expenditures to carry
out the provisions of sections 260.350 to 260.430;

(5) Accept, receive and administer grants or other funds or gifts from
public and private agencies including the federal government for the
purpose of carrying out any of the functions of sections 260.350 to
260.430. Funds received by the department pursuant to this section shall
be deposited with the state treasurer and held and disbursed by him or
her in accordance with the appropriations of the general assembly;

(6) Provide the commission all necessary support the commission may
require to carry out its powers and duties including, but not limited to:
keeping of records of all meetings; notification, at the direction of the
chairman of the commission, of the members of the commission of the time,
place and purpose of each meeting by written notice; drafting, for
consideration of the commission, a state hazardous waste management plan
and standards, rules and regulations necessary to carry out the purposes
of sections 260.350 to 260.430; and investigation of petitions for
variances and complaints made to the commission and submission of
recommendations thereto;

(7) Collect and maintain, and require any person to collect and maintain,
such records and information of hazardous waste generation, storage,
transportation, resource recovery, treatment and disposal in this state,
including quantities and types imported and exported across the borders
of this state and install, calibrate and maintain and require any person
to install, calibrate and maintain such monitoring equipment or methods,
and make reports consistent with the purposes of sections 260.350 to
260.430;

(8) Secure necessary scientific, technical, administrative and
operational services, including laboratory facilities, by contract or
otherwise;

(9) Develop facts and make inspections and investigations, including
gathering of samples and performing of tests and analyses, consistent
with the purposes of sections 260.350 to 260.430, and in connection
therewith, to enter or authorize any representative of the department to
enter, at all reasonable times, in or upon any private or public property
for any purpose required by sections 260.350 to 260.430 or any federal
hazardous waste management act. Such entry may be for the purpose,
without limitation, of developing or implementing standards, rules and
regulations, orders or license or permit terms and conditions, of
inspecting or investigating any records required to be kept by sections
260.350 to 260.430 or any license or permit issued pursuant to sections
260.350 to 260.430 or any hazardous waste management practice which the
department or commission believes violates sections 260.350 to 260.430,
or any standard, rule or regulation, order or license or permit term or
condition adopted or issued pursuant to sections 260.350 to 260.430, or
otherwise endangers the health of humans or the environment, or the site
of any suspected violation of sections 260.350 to 260.430, or any
standard, rule or regulation, order, or license or permit term or
condition adopted or issued pursuant to sections 260.350 to 260.430. The
results of any such investigation shall be reduced to writing and shall
be furnished to the owner or operator of the property. No person shall
refuse entry or access requested for the purpose of inspection pursuant
to this subdivision to an authorized representative of the department or
commission who presents appropriate credentials, nor obstruct or hamper
the representative in carrying out the inspection. A suitably restricted
search warrant, upon a showing of probable cause in writing and upon
oath, shall be issued by any judge or associate circuit judge having
jurisdiction to any such representative for the purpose of enabling the
representative to make such inspection;

(10) Require each hazardous waste generator located within this state to
file a registration report containing such information as the commission
by regulation may specify relating to types and quantities of hazardous
waste generated and methods of hazardous waste management, and to meet
all other requirements placed upon hazardous waste generators by sections
260.350 to 260.430 and the standards, rules and regulations and orders
adopted or issued pursuant to sections 260.350 to 260.430;

(11) Require each hazardous waste transporter operating in this state to
obtain a license and to meet all applicable requirements of sections
260.350 to 260.430 and section 226.008, RSMo, and the standards, rules
and regulations, orders and license terms and conditions adopted or
issued pursuant to sections 260.350 to 260.430 and section 226.008, RSMo;

(12) Require each hazardous waste facility owner and operator to obtain a
permit for each such facility and to meet all applicable requirements of
sections 260.350 to 260.430 and the standards, rules and regulations,
orders and permit terms and conditions adopted or issued pursuant to
sections 260.350 to 260.430;

(13) Issue, continue in effect, revoke, modify or deny in accordance with
the standards, rules and regulations, and hazardous waste facility
permits;

(14) Encourage voluntary cooperation by persons or affected groups to
achieve the purposes of sections 260.350 to 260.430;

(15) Enter such order or determination as may be necessary to effectuate
the provisions of sections 260.350 to 260.430 and the standards, rules
and regulations, and license and permit terms and conditions adopted or
issued pursuant to sections 260.350 to 260.430;

(16) Enter such order or cause to be instituted in a court of competent
jurisdiction such legal proceedings as may be necessary in a situation of
imminent hazard, as prescribed in section 260.420;

(17) Settle or compromise as it may deem advantageous to the state, with
the approval of the commission, any suit undertaken by the commission for
recovery of any penalty or for compelling compliance with any provision
of sections 260.350 to 260.430 or any standard, rule or regulation,
order, or license or permit term or condition adopted or issued pursuant
to sections 260.350 to 260.430;

(18) Advise, consult and cooperate with other agencies of the state, the
federal government, other states and interstate agencies and with
affected groups, political subdivisions and industries in furtherance of
the purposes of sections 260.350 to 260.430 and, upon request, consult
with persons subject to sections 260.350 to 260.430 on the proper
measures necessary to comply with the requirements of sections 260.350 to
260.430 and rules and regulations adopted pursuant to sections 260.350 to
260.430;

(19) Encourage, coordinate, participate in or conduct studies,
investigations, research and demonstrations relating to hazardous waste
management as it may deem advisable and necessary for the discharge of
its duties pursuant to sections 260.350 to 260.430;

(20) Represent the state of Missouri in all matters pertaining to
interstate hazardous waste management including the negotiation of
interstate compacts or agreements;

(21) Arrange for the establishment, staffing, operation and maintenance
of collection stations, within appropriations or other funding available
therefor, for householders, farmers and other exempted persons as
provided in section 260.380;

(22) Collect and disseminate information relating to hazardous waste
management;

(23) Conduct education and training programs on hazardous waste problems
and management;

(24) Encourage and facilitate public participation in the development,
revision and implementation of the state hazardous waste program;

(25) Encourage waste reduction, resource recovery, exchange and energy
conservation in hazardous waste management;

(26) Exercise all powers necessary to carry out the provisions of
sections 260.350 to 260.430, assure that the state of Missouri complies
with any federal hazardous waste management act and retains maximum
control thereunder, and receives all desired federal grants, aid and
other benefits;

(27) Present to the public, at a public meeting, and to the governor and
the members of the general assembly, an annual report on the status of
the state hazardous waste program;

(28) Develop comprehensive plans and programs to aid in the establishment
of hazardous waste disposal sites as needed within the various
geographical areas of the state within a reasonable period of time;

(29) Control, abate or clean up any hazardous waste placed into or on the
land in a manner which endangers or is reasonably likely to endanger the
health of humans or the environment and, in aid thereof, may cause to be
filed by the attorney general or a prosecuting attorney, a suit seeking
mandatory or prohibitory injunctive relief or such other relief as may be
appropriate. The department shall also take such action as is necessary
to recover all costs associated with the cleanup of any hazardous waste
from the person responsible for the waste. All money received shall be
deposited in the hazardous waste fund created in section 260.391;

(30) Oversee any corrective action work undertaken pursuant to sections
260.350 to 260.430 and rules promulgated pursuant to sections 260.350 to
260.430 to investigate, monitor, or clean up releases of hazardous waste
or hazardous constituents to the environment at hazardous waste
facilities. The department shall review the technical and regulatory
aspects of corrective action plans, reports, documents, and associated
field activities, and attest to their accuracy and adequacy. Owners or
operators of hazardous waste facilities performing corrective actions
shall pay to the department all reasonable costs, as determined by the
commission, incurred by the department pursuant to this subdivision. All
such funds remitted by owners or operators of hazardous waste facilities
performing corrective actions shall be deposited in the hazardous waste
fund created in section 260.391. (L. 1977 H.B. 318 § 6, A.L. 1980 2d Ex.
Sess. H.B. 5, et al., A.L. 2000 S.B. 577, A.L. 2004 S.B. 1040, A.L. 2005
S.B. 225)

Subject to appropriations, the department of natural resources
shall conduct inspections of any hazardous waste facility. The frequency
of such inspections shall be specified by the commission through rule and
regulation based on the classification category of the hazardous waste,
as specified in section 260.370. Such inspections shall determine
compliance by licensee or permittee with the requirements of sections
260.350 to 260.430 and regulations promulgated thereunder as well as
compliance with any special conditions in the permit issued to the
permittee. (L. 1980 2d Ex. Sess. H.B. 5, et al.)

Effective 10-31-80

1. The department of natural resources shall not issue a permit
to any person for the operation of any facility or issue any license to
any person under the authority of sections 260.350 to 260.434, if such
person has had three or more convictions, which convictions occurred
after July 9, 1990, and within any five-year period within the courts of
the United States or of any state except Missouri or had two or more
convictions within a Missouri court after July 9, 1990, and within any
five-year period, for any crimes or criminal acts, an element of which
involves restraint of trade, price-fixing, intimidation of the customers
of any person or for engaging in any other acts which may have the effect
of restraining or limiting competition concerning activities regulated
under this chapter or similar laws of other states or the federal
government; except that convictions for violations by entities purchased
or acquired by an applicant or permittee which occurred prior to the
purchase or acquisition shall not be included. For the purpose of this
section, the term "person" shall include any business organization or
entity, successor corporation, partnership or subsidiary of any business
organization or entity, and the owners and officers thereof, or the
entity submitting the application.

2. The director shall suspend, revoke or not renew the permit or license
of any person issued pursuant to sections 260.350 to 260.434, if such
person has had two or more convictions in any court of the United States
or of any state other than Missouri or two or more convictions within a
Missouri court for crimes as specified herein if such conviction occurred
after July 9, 1990, and within any five-year period.

3. Any person applying for a permit or license under sections 260.350 to
260.434 shall notify the director of any conviction for any act which
would have the effect of limiting competition. Any person with a permit
or license shall notify the department of any such conviction within
thirty days of the conviction or plea. Failure to notify the director is
a class D felony and subject to a fine of one thousand dollars per day
for each day unreported.

4. Provided that after a period of five years after a permit has been
revoked under the provisions of this section, the person, firm or
corporation affected may apply for rehabilitation and reinstatement to
the director of the department. The department shall promulgate the
necessary rules and regulations for rehabilitation and reinstatement. The
time period for same shall not exceed five years. (L. 1990 S.B. 530)

Effective 7-9-90

1. After six months from the effective date of the standards,
rules and regulations adopted by the commission pursuant to section
260.370, hazardous waste generators located in Missouri shall:

(1) Promptly file and maintain with the department, on registration forms
it provides for this purpose, information on hazardous waste generation
and management as specified by rules and regulations. Hazardous waste
generators shall pay a one hundred dollar registration fee upon initial
registration, and a one hundred dollar registration renewal fee annually
thereafter to maintain an active registration. Such fees shall be
deposited in the hazardous waste fund created in section 260.391;

(2) Containerize and label all hazardous wastes as specified by
standards, rules and regulations;

(3) Segregate all hazardous wastes from all nonhazardous wastes and from
noncompatible wastes, materials and other potential hazards as specified
by standards, rules and regulations;

(4) Provide safe storage and handling, including spill protection, as
specified by standards, rules and regulations, for all hazardous wastes
from the time of their generation to the time of their removal from the
site of generation;

(5) Unless provided otherwise in the rules and regulations, utilize only
a hazardous waste transporter holding a license pursuant to sections
260.350 to 260.430 for the removal of all hazardous wastes from the
premises where they were generated;

(6) Unless provided otherwise in the rules and regulations, provide a
separate manifest to the transporter for each load of hazardous waste
transported from the premises where it was generated. The generator shall
specify the destination of such load on the manifest. The manner in which
the manifest shall be completed, signed and filed with the department
shall be in accordance with rules and regulations;

(7) Utilize for treatment, resource recovery, disposal or storage of all
hazardous wastes, only a hazardous waste facility authorized to operate
pursuant to sections 260.350 to 260.430 or the federal Resource
Conservation and Recovery Act, or a state hazardous waste management
program authorized pursuant to the federal Resource Conservation and
Recovery Act, or any facility exempted from the permit required pursuant
to section 260.395;

(8) Collect and maintain such records, perform such monitoring or
analyses, and submit such reports on any hazardous waste generated, its
transportation and final disposition, as specified in sections 260.350 to
260.430 and rules and regulations adopted pursuant to sections 260.350 to
260.430;

(9) Make available to the department upon request samples of waste and
all records relating to hazardous waste generation and management for
inspection and copying and allow the department to make unhampered
inspections at any reasonable time of hazardous waste generation and
management facilities located on the generator's property and hazardous
waste generation and management practices carried out on the generator's
property;

(10) Pay annually, on or before January first of each year, effective
January 1, 1982, a fee to the state of Missouri to be placed in the
hazardous waste fund. The fee shall be five dollars per ton or portion
thereof of hazardous waste registered with the department as specified in
subdivision (1) of this subsection for the twelve-month period ending
June thirtieth of the previous year. However, the fee shall not exceed
fifty- two thousand dollars per generator site per year nor be less than
one hundred fifty dollars per generator site per year;

(a) All moneys payable pursuant to the provisions of this subdivision
shall be promptly transmitted to the department of revenue, which shall
deposit the same in the state treasury to the credit of the hazardous
waste fund created in section 260.391;

(b) The hazardous waste management commission shall establish and submit
to the department of revenue procedures relating to the collection of the
fees authorized by this subdivision. Such procedures shall include, but
not be limited to, necessary records identifying the quantities of
hazardous waste registered, the form and submission of reports to
accompany the payment of fees, the time and manner of payment of fees,
which shall not be more often than quarterly.

2. Missouri treatment, storage, or disposal facilities shall pay
annually, on or before January first of each year, a fee to the
department equal to two dollars per ton or portion thereof for all
hazardous waste received from outside the state. This fee shall be based
on the hazardous waste received for the twelve-month period ending June
thirtieth of the previous year.

3. Exempted from the requirements of this section are individual
householders and farmers who generate only small quantities of hazardous
waste and any person the commission determines generates only small
quantities of hazardous waste on an infrequent basis, except that:

(1) Householders, farmers and exempted persons shall manage all hazardous
wastes they may generate in a manner so as not to adversely affect the
health of humans, or pose a threat to the environment, or create a public
nuisance; and

(2) The department may determine that a specific quantity of a specific
hazardous waste requires special management. Upon such determination and
after public notice by press release or advertisement thereof, including
instructions for handling and delivery, generators exempted pursuant to
this subsection shall deliver, but without a manifest or the requirement
to use a licensed hazardous waste transporter, such waste to:

(a) Any storage, treatment or disposal site authorized to operate
pursuant to sections 260.350 to 260.430 or the federal Resource
Conservation and Recovery Act, or a state hazardous waste management
program authorized pursuant to the federal Resource Conservation and
Recovery Act which the department designates for this purpose; or

(b) A collection station or vehicle which the department may arrange for
and designate for this purpose.

4. Failure to pay the fee, or any portion thereof, prescribed in this
section by the due date shall result in the imposition of a penalty equal
to fifteen percent of the original fee. The fee prescribed in this
section shall expire December 31, 2011, except that the department shall
levy and collect this fee for any hazardous waste generated prior to such
date and reported to the department. (L. 1977 H.B. 318 § 7, A.L. 1980 2d
Ex. Sess. H.B. 5, et al., A.L. 1985 S.B. 110, A.L. 2000 S.B. 577, A.L.
2004 S.B. 1040, A.L. 2005 S.B. 225)

After six months from the effective date of the standards, rules
and regulations adopted by the commission pursuant to section 260.370,
hazardous waste transporters shall:

(1) Not transport any hazardous waste in this state without first
obtaining a hazardous waste transporter license from the department as
specified in section 260.395;

(2) Use and operate equipment which has been approved by the department
and follow procedures, when transporting hazardous wastes, which meet all
applicable state and federal regulations and standards for the
transportation of hazardous materials and all applicable standards, rules
and regulations adopted under sections 260.350 to 260.430 and all terms
and conditions of their license;

(3) Unless otherwise provided in sections 260.350 to 260.430 or the rules
and regulations adopted hereunder, accept only shipments of hazardous
waste that are accompanied by a manifest, provided by the generator, that
has been completed and signed by the generator in accordance with the
rules and regulations adopted under sections 260.350 to 260.430;

(4) Complete, sign and file the transporter portion of the manifest as
specified in rules and regulations adopted under sections 260.350 to
260.430;

(5) Deliver hazardous waste and the accompanying manifest only to the
destination specified by the generator on the manifest, which destination
must be a hazardous waste facility holding a permit under sections
260.350 to 260.430 or the federal Resource Conservation and Recovery Act,
or a state hazardous waste management program authorized under the
federal Resource Conservation and Recovery Act, or a resource recovery or
other facility exempted from the permit requirement, and in accordance
with provisions which apply under section 260.395 and rules and
regulations adopted hereunder;

(6) Collect and maintain such records and submit such reports as
specified in sections 260.350 to 260.430 and in rules and regulations and
terms and conditions of their license adopted or issued hereunder;

(7) Make available to the department upon request made during
transportation, samples of wastes transported and all records relating to
hazardous waste transportation, for inspection and copying, and allow the
department to make unhampered inspections at any reasonable time of all
facilities and equipment. (L. 1977 H.B. 318 § 8, A.L. 1985 S.B. 110)

Effective 6-27-85

1. After six months from the effective date of the standards,
rules and regulations adopted by the commission pursuant to section
260.370, hazardous waste facility owners or operators shall:

(1) Not construct, substantially alter or operate, including all
postclosure activities and operations specified in the rules and
regulations, a hazardous waste facility without first obtaining a
hazardous waste facility permit from the department as specified in
section 260.395;

(2) Operate the facility according to the standards, rules and
regulations adopted under sections 260.350 to 260.430 and all terms and
conditions of the permit;

(3) Unless otherwise provided in sections 260.350 to 260.430 or the rules
and regulations adopted hereunder, accept delivery of hazardous waste
only if delivery is by a hazardous waste transporter holding a license
under sections 260.350 to 260.430, the shipment is accompanied by a
manifest properly completed by both the generator and transporter and
their facility is the destination indicated by the generator on the
manifest. Exempted from the requirements of this subsection are
deliveries, when directed by the department, from householders, farmers
and other persons exempted from generator responsibilities under
provisions of section 260.380 and deliveries made in emergency situations
as specified in sections 260.350 to 260.550 or the rules and regulations
adopted hereunder. For such exempted deliveries they shall make a record
of any waste accepted, its type, quantity, origin and the identity of the
person making the delivery and promptly report this information to the
department;

(4) Complete, sign and file the facility operator portion of the manifest
as specified in rules and regulations adopted under sections 260.350 to
260.430;

(5) Whenever final disposition is to be achieved at another hazardous
waste or exempted facility, initiate a new manifest and comply with the
other responsibilities of generators specified in sections 260.350 to
260.430 and in rules and regulations and terms and conditions of their
permit adopted or issued hereunder;

(6) Collect and maintain such records, submit such reports and perform
such monitoring as specified in sections 260.350 to 260.430 and in rules
and regulations and terms and conditions of their permit adopted or
issued hereunder;

(7) Make available to the department, upon request, samples of wastes
received and all records, for inspection and copying, relating to
hazardous waste management and allow the department to make unhampered
inspections at any reasonable time of all facilities and equipment.

2. All hazardous waste landfills shall collect, on behalf of the state
from each hazardous waste generator or transporter, a tax equal to two
percent of the gross charges and fees charged such generator for disposal
at the landfill site to be placed in the hazardous waste fund to be used
solely for the administration of sections 260.350 to 260.430. The tax
shall be accounted for separately on the statement of charges and fees
made to the hazardous waste generator and shall be collected at the time
of the collection of such charges and fees. All moneys payable under the
provisions of this subsection shall be promptly transmitted to the
department of revenue, which shall daily deposit the same in the state
treasury to the credit of the hazardous waste fund. The hazardous waste
management commission shall establish and submit to the department of
revenue procedures relating to the collection of the taxes authorized by
this subsection. Such procedures shall include, but not be limited to,
necessary records identifying the quantities of hazardous waste received,
the form and submission of reports to accompany the payment of taxes, the
time and manner of payment of taxes, which shall not be more often than
quarterly.

3. The owner or operator of a hazardous waste disposal facility must
close that facility upon termination of its operation, and shall after
closure of the facility provide for protection during a postclosure care
period, in accordance with the requirements of the commission, including
the funds necessary for same. Protection shall include, but not be
limited to, monitoring and maintenance subject to the rules and
regulations of the hazardous waste management commission. The owner or
operator shall maintain a hazardous waste facility permit for the
postclosure care period. The operator and the state may enter into an
agreement consistent with the rules and regulations of the hazardous
waste management commission where the state may accept deed to, and
monitor and maintain the site.

4. All owners or operators of hazardous waste facilities who have
obtained, or are required to obtain, a hazardous waste facility permit
from the department and who accept, on a commercial basis for
remuneration, hazardous waste from off-site sources, but not including
wastes generated by the same person at other sites located in Missouri or
within a metropolitan statistical area located partially in Missouri and
owned or operated by the same person and transferred to the hazardous
waste facility, for treatment, storage or disposal, shall pay fees for
inspections conducted by the department to determine compliance with
sections 260.350 to 260.430 and the rules promulgated thereunder.
Hazardous waste facility inspection fees shall be specified by the
hazardous waste management commission by rule. The inspection fees shall
be used by the department as specified in subsection 3 of section
260.391. (L. 1977 H.B. 318 § 9, A.L. 1980 2d Ex. Sess. H.B. 5, et al.,
A.L. 1983 H.B. 528, A.L. 1985 S.B. 110, A.L. 1993 S.B. 80, et al.)

1. There is hereby created in the state treasury a fund to be
known as the "Hazardous Waste Fund". All funds received from hazardous
waste permit and license fees, generator fees or taxes, penalties, or
interest assessed on those fees or taxes, taxes collected by contract
hazardous waste landfill operators, general revenue, federal funds,
gifts, bequests, donations, or any other moneys so designated shall be
paid to the director of revenue and deposited in the state treasury to
the credit of the hazardous waste fund. The hazardous waste fund, subject
to appropriation by the general assembly, shall be used by the department
as provided by appropriations and consistent with rules and regulations
established by the hazardous waste management commission for the purpose
of carrying out the provisions of sections 260.350 to 260.430 and
sections 319.100 to 319.127, and 319.137, and 319.139, RSMo, for the
management of hazardous waste, responses to hazardous substance releases
as provided in sections 260.500 to 260.550, corrective actions at
regulated facilities and illegal hazardous waste sites, prevention of
leaks from underground storage tanks and response to petroleum releases
from underground and aboveground storage tanks and other related
activities required to carry out provisions of sections 260.350 to
260.575 and sections 319.100 to 319.127, RSMo, and for payments to other
state agencies for such services consistent with sections 260.350 to
260.575 and sections 319.100 to 319.139, RSMo, upon proper warrant issued
by the commissioner of administration, and for any other expenditures
which are not covered pursuant to the federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980, including but not
limited to the following purposes:

(1) Administrative services as appropriate and necessary for the
identification, assessment and cleanup of abandoned or uncontrolled sites
pursuant to sections 260.435 to 260.550;

(2) Payments to other state agencies for such services consistent with
sections 260.435 to 260.550, upon proper warrant issued by the
commissioner of administration, including, but not limited to, the
department of health and senior services for the purpose of conducting
health studies of persons exposed to waste from an uncontrolled or
abandoned hazardous waste site or exposed to the release of any hazardous
substance as defined in section 260.500;

(3) Acquisition of property as provided in section 260.420;

(4) The study of the development of a hazardous waste facility in
Missouri as authorized in section 260.037;

(5) Financing the nonfederal share of the cost of cleanup and site
remediation activities as well as postclosure operation and maintenance
costs, pursuant to the federal Comprehensive Environmental Response,
Compensation and Liability Act of 1980; and

(6) Reimbursement of owners or operators who accept waste pursuant to
departmental orders pursuant to subdivision (2) of subsection 1 of
section 260.420.

2. The unexpended balance in the hazardous waste fund at the end of each
fiscal year shall not be transferred to the general revenue fund of the
state treasurer, except as directed by the general assembly by
appropriation, and shall be invested to generate income to the fund. The
provisions of section 33.080, RSMo, relating to the transfer of funds to
the general revenue fund of the state by the state treasurer shall not
apply to the hazardous waste fund.

3. There is hereby created within the hazardous waste fund a subaccount
known as the "Hazardous Waste Facility Inspection Subaccount". All funds
received from hazardous waste facility inspection fees shall be paid to
the director of revenue and deposited in the state treasury to the credit
of the hazardous waste facility inspection subaccount. Moneys from such
subaccount shall be used by the department for conducting inspections at
facilities that are permitted or are required to be permitted as
hazardous waste facilities by the department.

4. The fund balance remaining in the hazardous waste remedial fund shall
be transferred to the hazardous waste fund created in this section.

5. No moneys shall be available from the fund for abandoned site cleanup
unless the director has made all reasonable efforts to secure voluntary
agreement to pay the costs of necessary remedial actions from owners or
operators of abandoned or uncontrolled hazardous waste sites or other
responsible persons.

6. The director shall make all reasonable efforts to recover the full
amount of any funds expended from the fund for cleanup through litigation
or cooperative agreements with responsible persons. All moneys recovered
or reimbursed pursuant to this section through voluntary agreements or
court orders shall be deposited to the hazardous waste fund created
herein.

7. In addition to revenue from all licenses, taxes, fees, penalties, and
interest, specified in subsection 1 of this section, the department shall
request an annual appropriation of general revenue equal to any state
match obligation to the U.S. Environmental Protection Agency for cleanup
performed pursuant to the authority of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980. (L. 1980 2d Ex. Sess.
H.B. 5, et al., A.L. 1993 S.B. 80, et al., A.L. 2000 S.B. 577, A.L. 2005
S.B. 225)

1. This section shall not apply to the storage or treatment of
hazardous waste by a generator on-site or to the transportation of
hazardous waste out of state for treatment, storage or disposal.

2. Generators shall use, to the maximum extent feasible, the best
demonstrated available technology for source reduction, recycling,
treatment, stabilization, solidification or destruction, including, but
not limited to, biodegradation, detoxification, incineration and
neutralization before placing waste in a hazardous waste disposal
facility. Such hazardous waste may be placed in a hazardous waste
disposal facility only after the generator evaluates appropriate
technologies and employs those capable of reducing, recycling, treating,
stabilizing, solidifying or destroying the waste. In assessing the best
demonstrated available technology proposed by a generator, the department
shall give consideration to the relative economic feasibility of the
technology, including potential future costs of cleanup and environmental
damage. Such technology shall render the hazardous waste sufficiently low
in toxicity, reactivity and corrosivity as to present the least possible
risk to human health and safety and to the environment in the event of a
release from a hazardous waste disposal facility before placing hazardous
waste in a disposal facility. (L. 1988 S.B. 535)

1. Nothing in this section shall apply to the storage or
treatment of hazardous waste by a generator on-site or to the disposal
on-site of smelter slag waste from the processing of materials into
reclaimed metals if the smelter was in operation prior to August 13,
1988, nor preclude the transportation of hazardous waste out of state for
treatment, storage or disposal. After August 13, 1988, no person shall
dispose of untreated hazardous waste in a hazardous waste disposal
facility permitted in the state of Missouri.

2. Before using a hazardous waste disposal facility permitted under
sections 260.350 to 260.432, generators of hazardous waste must prove
that they have investigated and reviewed alternatives to landfilling to
an extent acceptable to the hazardous waste management commission. The
generator shall use, to the maximum extent feasible, the best
demonstrated available technology for source reduction, recycling,
treatment, stabilization, solidification or destruction, including, but
not limited to, biodegradation, detoxification, incineration and
neutralization, as determined by the commission. In determining the best
demonstrated available technology, the commission shall give
consideration to the relative economic feasibility of the technology,
including potential future costs of cleanup and environmental damage.
Such technology shall render the hazardous waste sufficiently low in
toxicity, reactivity and corrosivity as to present the least possible
risk to human health and safety and to the environment in the event of a
release from a hazardous waste disposal facility.

3. The commission shall determine that the best demonstrated available
technology is used at hazardous waste disposal facilities in the state of
Missouri in accordance with the provisions of sections 260.350 to
260.432, and the federal Resource Conservation and Recovery Act (P.L.
94-580), as amended.

4. Any hazardous waste diluted below the listed concentration threshold
shall remain a listed hazardous waste unless the dilution occurs as a
normal part of the manufacturing process.

5. The provisions of this section shall not apply to abandoned or
uncontrolled sites as listed under section 260.440, or sites listed in
the national priority list pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (P.L.
96-510), as amended, unless otherwise determined by the department or
required by the commission by rule. (L. 1988 S.B. 485 § 260.393, A.L.
1992 S.B. 480)

1. After six months from the effective date of the standards,
rules and regulations adopted by the commission pursuant to section
260.370, it shall be unlawful for any person to transport any hazardous
waste in this state without first obtaining a hazardous waste transporter
license. Any person transporting hazardous waste in this state shall file
an application for a license pursuant to this subsection which shall:

(1) Be submitted on a form provided for this purpose by the department
and shall furnish the department with such equipment identification and
data as may be necessary to demonstrate to the satisfaction of the
department that equipment engaged in such transportation of hazardous
waste, and other equipment as designated in rules and regulations
pursuant to sections 260.350 to 260.430, is adequate to provide
protection of the health of humans and the environment and to comply with
the provisions of any federal hazardous waste management act and sections
260.350 to 260.430 and the standards, rules and regulations adopted
pursuant to sections 260.350 to 260.430. If approved by the department,
this demonstration of protection may be satisfied by providing
certification that the equipment so identified meets and will be operated
in accordance with the rules and regulations of the Missouri public
service commission and the federal Department of Transportation for the
transportation of the types of hazardous materials for which it will be
used;

(2) Include, as specified by rules and regulations, demonstration of
financial responsibility, including, but not limited to, guarantees,
liability insurance, posting of bond or any combination thereof which
shall be related to the number of units, types and sizes of equipment to
be used in the transport of hazardous waste by the applicant;

(3) Include, as specified in rules and regulations, a fee payable to the
state of Missouri which shall consist of an annual application fee, plus
an annual use fee based upon tonnage, mileage or a combination of tonnage
and mileage. The fees established pursuant to this subdivision shall be
set to generate, as nearly as is practicable, six hundred thousand
dollars annually. No fee shall be collected pursuant to this subdivision
from railroads that pay a fee pursuant to subsection 19 of this section.
Fees collected pursuant to this subdivision shall be deposited in the
hazardous waste fund created pursuant to section 260.391.

2. If the department determines the application conforms to the
provisions of any federal hazardous waste management act and sections
260.350 to 260.430 and the standards, rules and regulations adopted
pursuant to sections 260.350 to 260.430, it shall issue the hazardous
waste transporter license with such terms and conditions as it deems
necessary to protect the health of humans and the environment. The
department shall act within ninety days after receipt of the application.
If the department denies the license, it shall issue a report to the
applicant stating the reason for denial of the license.

3. A license may be suspended or revoked whenever the department
determines that the equipment is or has been operated in violation of any
provision of sections 260.350 to 260.430 or any standard, rule or
regulation, order, or license term or condition adopted or issued
pursuant to sections 260.350 to 260.430, poses a threat to the health of
humans or the environment, or is creating a public nuisance.

4. Whenever a license is issued, renewed, denied, suspended or revoked by
the department, any aggrieved person, by petition filed with the
department within thirty days of the decision, may appeal such decision
and shall be entitled to a hearing as provided in section 260.400.

5. A license shall be issued for a period of one year and shall be
renewed upon proper application by the holder and a determination by the
department that the applicant is in compliance with all provisions of
sections 260.350 to 260.430 and all standards, rules and regulations,
orders and license terms and conditions adopted or issued pursuant to
sections 260.350 to 260.430.

6. A license is not required for the transport of any hazardous waste on
the premises where it is generated or onto contiguous property owned by
the generator thereof, or for those persons exempted in section 260.380.
Nothing in this subsection shall be interpreted to preclude the
department from inspecting unlicensed hazardous waste transporting
equipment and to require that it be adequate to provide protection for
the health of humans and the environment.

7. After six months from the effective date of the standards, rules and
regulations adopted by the commission pursuant to section 260.370, it
shall be unlawful for any person to construct, substantially alter or
operate, including postclosure activities and operations specified in the
rules and regulations, a hazardous waste facility without first obtaining
a hazardous waste facility permit for such construction, alteration or
operation from the department. Such person must submit to the department
at least ninety days prior to submitting a permit application a letter of
intent to construct, substantially alter or operate any hazardous waste
disposal facility. The person must file an application within one hundred
eighty days of the filing of a letter of intent unless granted an
extension by the commission. The department shall publish such letter of
intent as specified in section 493.050, RSMo, within ten days of receipt
of such letter. The letter shall be published once each week for four
weeks in the county where the hazardous waste disposal facility is
proposed. Once such letter is submitted, all conditions for the permit
application evaluation purposes in existence as of the date of submission
shall be deemed frozen, in that no subsequent action by any person to
change such conditions in an attempt to thwart a fair and impartial
decision on the application for a permit shall be allowed as grounds for
denial of the permit. Any person before constructing, substantially
altering or operating a hazardous waste facility in this state shall file
an application for a permit which shall:

(1) Be submitted on a form provided for this purpose by the department
and shall furnish the department with plans, specifications and such
other data as may be necessary to demonstrate to the satisfaction of the
department that such facility does or will provide adequate protection of
the health of humans and the environment and does or will comply with the
provisions of any federal hazardous waste management act and sections
260.350 to 260.430 and the standards, rules and regulations adopted
pursuant to sections 260.350 to 260.430;

(2) Include plans, designs, engineering reports and relevant data for
construction, alteration or operation of a hazardous waste facility, to
be submitted to the department by a registered professional engineer
licensed by this state;

(3) Include, as specified by rules and regulations, demonstration of
financial responsibility, including, but not limited to, guarantees,
liability insurance, posting of bond or any combination thereof, which
shall be related to type and size of facility;

(4) Include such environmental and geologic information, assessments and
studies as required by the rules and regulations of the commission;

(5) Submit with the application for a hazardous waste disposal or
treatment facility a profile of the environmental and economic
characteristics of the area as required by the commission, including the
extent of air pollution and groundwater contamination; and a profile of
the health characteristics of the area which identifies all serious
illness, the rate of which exceeds the state average for such illness,
which might be attributable to environmental contamination;

(6) Include a fee payable to the state of Missouri which shall not exceed
one thousand dollars, which shall cover the first year of the permit, if
issued, but which is not refundable. If the permit is issued for more
than one year, a fee equal in amount to the first year's fee shall be
paid to the state of Missouri prior to issuance of the permit for each
year the permit is to be in effect beyond the first year;

(7) The department shall supervise any field work undertaken to collect
geologic and engineering data for submission with the application. The
state geologist and departmental engineers shall review the geologic and
engineering plans, respectively, and attest to their accuracy and
adequacy. The applicant shall pay all reasonable costs, as determined by
the commission, incurred by the department pursuant to this subsection.

8. (1) Prior to issuing or renewing a hazardous waste facility permit,
the department shall issue public notice by press release or
advertisement and shall notify all record owners of adjoining property by
mail directed to the last known address, and the village, town or city,
if any, and the county in which the hazardous waste facility is located;
and, upon request, shall hold a public hearing after public notice as
required in this subsection at a location convenient to the area affected
by the issuance of the permit.

(2) Prior to issuing, reviewing every five years as required in
subsection 12 of this section, or renewing a hazardous waste disposal
facility permit the department shall issue public notice by press release
and advertisement and shall notify all record owners of property, within
one mile of the outer boundaries of the site, by mail directed to the
last known address; and shall hold a public hearing after public notice
as required in this subsection at a location convenient to the area
affected by the issuance of the permit.

9. If the department determines that the application conforms to the
provisions of any federal hazardous waste management act and sections
260.350 to 260.430 and the standards, rules and regulations adopted
pursuant to sections 260.350 to 260.430, it shall issue the hazardous
waste facility permit, with such terms and conditions and require such
testing and construction supervision as it deems necessary to protect the
health of humans or the environment. The department shall act within one
hundred and eighty days after receipt of the application. If the
department denies the permit, it shall issue a report to the applicant
stating the reason for denial of a permit.

10. A permit may be suspended or revoked whenever the department
determines that the hazardous waste facility is, or has been, operated in
violation of any provision of sections 260.350 to 260.430 or any
standard, rule or regulation, order or permit term or condition adopted
or issued pursuant to sections 260.350 to 260.430, poses a threat to the
health of humans or the environment or is creating a public nuisance.

11. Whenever a permit is issued, renewed, denied, suspended or revoked by
the department, any aggrieved person, by petition filed with the
department within thirty days of the decision, may appeal such decision
and shall be entitled to a hearing as provided in section 260.400.

12. A permit shall be issued for a fixed term, which shall not exceed ten
years in the case of any land disposal facility, storage facility,
incinerator, or other treatment facility. Each permit for a land disposal
facility shall be reviewed five years after the date of its issuance or
reissuance and shall be modified as necessary to assure that the facility
continues to comply with the currently applicable requirements of federal
and state law. Nothing in this subsection shall preclude the department
from reviewing and modifying a permit at any time during its term. Review
of any application for a permit renewal shall consider improvements in
the state of control and measurement technology as well as changes in
applicable regulations. Each permit issued pursuant to this section shall
contain such terms and conditions as the department determines necessary
to protect human health and the environment, and upon proper application
by the holder and a determination by the department that the applicant is
in compliance with all provisions of sections 260.350 to 260.430 and all
standards, rules and regulations, orders and permit terms and conditions
adopted or issued pursuant to sections 260.350 to 260.430.

13. A hazardous waste facility permit is not required for:

(1) On-site storage of hazardous wastes where such storage is exempted by
the commission by rule or regulation; however, such storage must conform
to the provisions of any federal hazardous waste management act and
sections 260.350 to 260.430 and the applicable standards, rules and
regulations adopted pursuant to sections 260.350 to 260.430 and any other
applicable hazardous materials storage and spill-prevention requirements
provided by law;

(2) A publicly owned treatment works which has an operating permit
pursuant to section 644.051, RSMo, and is in compliance with that permit;

(3) A resource recovery facility which the department certifies uses
hazardous waste as a supplement to, or substitute for, nonwaste material,
and that the sole purpose of the facility is manufacture of a product
rather than treatment or disposal of hazardous wastes;

(4) That portion of a facility engaged in hazardous waste resource
recovery, when the facility is engaged in both resource recovery and
hazardous waste treatment or disposal, provided the owner or operator can
demonstrate to the department's satisfaction and the department finds
that such portion is not intended and is not used for hazardous waste
treatment or disposal.

14. Facilities exempted pursuant to subsection 13 of this section must
comply with the provisions of subdivisions (3) to (7) of section 260.390
and such other requirements, to be specified by rules and regulations, as
are necessary to comply with any federal hazardous waste management act
or regulations hereunder. Generators who use such an exempted facility
shall keep records of hazardous wastes transported, except by legal flow
through sewer lines, to the facility and submit such records to the
department in accordance with the provisions of section 260.380 and the
standards, rules and regulations adopted pursuant to sections 260.350 to
260.430. Any person, before constructing, altering or operating a
resource recovery facility in this state shall file an application for a
certification. Such application shall include:

(1) Plans, designs, engineering reports and other relevant information as
specified by rule that demonstrate that the facility is designed and will
operate in a manner protective of human health and the environment; and

(2) An application fee of not more than five hundred dollars for a
facility that recovers waste generated at the same facility or an
application fee of not more than one thousand dollars for a facility that
recovers waste generated at off-site sources. Such fees shall be
deposited in the hazardous waste fund created in section 260.391.

The department shall review such application for conformance with
applicable laws, rules and standard engineering principles and practices.
The applicant shall pay to the department all reasonable costs, as
determined by the commission, incurred by the department pursuant to this
subsection. All such funds shall be deposited in the hazardous waste fund
created in section 260.391.

15. The owner or operator of any hazardous waste facility in existence on
September 28, 1977, who has achieved federal interim status pursuant to
42 U.S.C. 6925(e), and who has submitted to the department Part A of the
federal facility permit application, may continue to receive and manage
hazardous wastes in the manner as specified in the Part A application,
and in accordance with federal interim status requirements, until
completion of the administrative disposition of a permit application
submitted pursuant to sections 260.350 to 260.430. The department may at
any time require submission of, or the owner or operator may at any time
voluntarily submit, a complete application for a permit pursuant to
sections 260.350 to 260.430 and commission regulations. The authority to
operate pursuant to this subsection shall cease one hundred eighty days
after the department has notified an owner or operator that an
application for permit pursuant to sections 260.350 to 260.430 must be
submitted, unless within such time the owner or operator submits a
completed application therefor. Upon submission of a complete
application, the authority to operate pursuant to this subsection shall
continue for such reasonable time as is required to complete the
administrative disposition of the permit application. If a facility loses
its federal interim status, or the Environmental Protection Agency
requires the owner or operator to submit Part B of the federal
application, the department shall notify the owner or operator that an
application for a permit must be submitted pursuant to this subsection.
In addition to compliance with the federal interim status requirements,
the commission shall have the authority to adopt regulations requiring
persons operating pursuant to this subsection to meet additional state
interim status requirements.

16. A license or permit shall not be issued to any person who is
determined by the department to habitually engage in or to have
habitually engaged in hazardous waste management practices which pose a
threat to the health of humans or the environment or who is determined by
the department to habitually violate or to have habitually violated the
requirements of the Missouri solid or hazardous waste laws, the solid or
hazardous waste laws of other states or federal laws pertaining to
hazardous waste. Nor shall a license or permit be issued to any person
who has been adjudged in contempt of any court order enforcing the
provisions of the Missouri solid or hazardous waste laws, the solid or
hazardous waste laws of other states or federal laws pertaining to
hazardous waste or who has offered, in person or through an agent, any
inducement, including any discussion of potential employment
opportunities, to any employee of the department when such person has an
application for a permit pending or a permit under review. For the
purposes of this subsection, the term "person" shall include any officer
or management employee of the applicant, or any officer or management
employee of any corporation or business which owns an interest in the
applicant, or any officer or management employee of any business which is
owned either wholly or in part by any person, corporation, or business
which owns an interest in the applicant.

17. No person, otherwise qualified pursuant to sections 260.350 to
260.430 for a license to transport hazardous wastes or for a permit to
construct, substantially alter or operate a hazardous waste facility,
shall be denied such license or permit on the basis of a lack of need for
such transport service or such facility because of the existence of other
services or facilities capable of meeting that need; except that permits
for hazardous waste facilities may be denied on determination made by the
department that the financial resources of the persons applying are such
that the continued operation of the sites in accordance with sections
260.350 to 260.430 cannot be reasonably assured or on determination made
by the department that the probable volume of business is insufficient to
ensure and maintain the solvency of then existing permitted hazardous
waste facilities.

18. All hazardous waste landfills constructed after October 31, 1980,
shall have a leachate collection system. The rules and regulations of the
commission shall treat and protect all aquifers to the same level of
protection. The provisions of this subsection shall not apply to the
disposal of tailings and slag resulting from mining, milling and primary
smelting operations.

19. Any railroad corporation as defined in section 388.010, RSMo, that
transports any hazardous waste as defined in section 260.360 or any
hazardous substance as defined in section 260.500 shall pay an annual fee
of three hundred fifty dollars. Fees collected pursuant to this
subsection shall be deposited in the hazardous waste fund created in
section 260.391. (L. 1977 H.B. 318 § 10, A.L. 1980 2d Ex. Sess. H.B. 5,
et al., A.L. 1983 H.B. 528, A.L. 1985 S.B. 110, A.L. 1988 S.B. 535, A.L.
2000 S.B. 577)

CROSS REFERENCES:

Fee for transportation of hazardous waste, used oil, or infectious waste,
amount to be established by Missouri hazardous waste management
commission, RSMo 226.008

Transportation of hazardous waste by motor carriers, regulation of,
transferred to highways and transportation commission, RSMo 226.008

1. For the purposes of this section, "PCB" or "polychlorinated
biphenyls" shall mean any chemical substance that is limited to the
biphenyl molecule which has been chlorinated to varying degrees or any
combination of substances which contain such substances at concentrations
of fifty parts per million or above; and "PCB facility" shall mean any
facility, including brokerage, storage, treatment and disposal
facilities, which accepts PCBs and PCB contaminated materials on a
commercial basis for remuneration.

2. All commercial PCB facilities located in the state shall be permitted
as hazardous waste management facilities in accordance with the
provisions of section 260.350 to 260.430, or permitted under the
provisions of the federal Toxic Substances Control Act, 15 U.S.C. 2601,
et. seq., whichever are more stringent. Such facilities shall require the
consignor to prepare a hazardous waste manifest which shall accompany
shipments of PCBs and PCB contaminated materials from the point of origin
to the final destination.

3. The department of natural resources shall compile and maintain a list
of all commercial PCB facilities in the state.

4. All commercial PCB facilities in operation on August 13, 1986, will
have one hundred twenty days from August 13, 1986, to meet the
requirements of this section. A PCB facility shall be considered in
compliance with the provisions of this section if a letter of intent has
been filed with the department to construct, alter or operate a
commercial PCB facility and the PCB facility otherwise complies with the
provisions of subsection 7 of section 260.395, and until such time as the
department may grant or deny a permit for the facility. (L. 1986 H.B. 875
& 1649 § 2)

1. At public hearings on variances or appeals of decisions
hereunder, all hazardous waste facilities and hazardous waste generators
who are involved in such hearings shall have an appropriate person
present. All testimony taken before the commission shall be under oath
and recorded stenographically. The transcript so recorded, upon payment
of the usual charge therefor, shall be made available to any member of
the public, the respondent or party to a hearing on a complaint, any
party to a hearing on a petition for variance or any party appealing any
order or determination of the department or commission.

2. In any hearing, any member of the commission or the hearing officer
shall issue in the name of the commission notice of hearing and subpoenas
and shall be authorized to require that testimony before such hearing be
given under oath. Subpoenas shall be issued and enforced as provided in
section 536.077, RSMo. The rules of discovery that apply in any civil
case shall apply to hearings held by the commission.

3. All hearings to adopt standards, rules and regulations, or to adopt
the state hazardous waste management plan shall be held before at least
four members of the commission. All other hearings may be held before one
commission member designated by the commission chairman or by a hearing
officer who shall be a member of the Missouri bar and shall be appointed
by the commission chairman. The hearing officer or commission member
shall preside at the hearing and hear all evidence and rule on the
admissibility of evidence. The hearing officer or commission member shall
make recommended findings of fact and may make recommended conclusions of
law to the commission.

4. All final orders or determinations or other final actions by the
commission shall be approved in writing by at least four members of the
commission. Any commission member approving in writing any final action
of the commission, who did not attend the hearing, shall do so only after
reviewing all exhibits and reading the entire transcript.

5. The following requirements shall apply to the adoption, amendment and
repeal of standards, rules and regulations:

(1) No standard, rule or regulation or any amendment or repeal thereof
shall be adopted except after a public hearing to be held after thirty
days prior notice as required by the provisions of chapter 536, RSMo,
pertaining to administrative rulemaking and by press release or public
advertisement containing the date, time and place of the hearing and
opportunity given to the public to be heard;

(2) At the hearing, opportunity to be heard by the commission with
respect to the subject thereof shall be afforded any interested person
upon written request to the commission, addressed to the department, not
later than seven days prior to the hearing, and may be afforded to other
persons if convenient. In addition, any interested persons, whether or
not heard, may submit, within seven days subsequent to the hearings, a
written statement of their views. The commission may solicit the views,
in writing, of persons who may be affected by, knowledgeable concerning
or interested in proposed standards, rules and regulations, the state
hazardous waste management plan or any license, permit or variance. Any
person heard or represented at the hearing or making written request for
notice shall be given written notice of the action of the commission with
respect to the subject thereof;

(3) Any standard, rule or regulation, amendment or repeal thereof or
state hazardous waste management plan shall not be deemed adopted or in
force until it has been approved in writing by at least four members of
the commission. (L. 1977 H.B. 318 § 11, A.L. 1980 2d Ex. Sess. H.B. 5, et
al., A.L. 1993 S.B. 52)

1. Unless prohibited by any federal hazardous waste management
act, the commission may grant individual variances from the requirements
of sections 260.350 to 260.430 whenever it is found, upon presentation of
adequate proof, that compliance with any provision of sections 260.350 to
260.430 or any standard, rule or regulation, order or license or permit
term or condition adopted or issued hereunder will result in an arbitrary
and unreasonable taking of property or in the practical closing and
elimination of any lawful business, occupation or activity, in either
case without sufficient corresponding benefit or advantage to the people;
except that, no variance shall be granted where the effect of a variance
will permit the continuance of a condition which unreasonably poses a
present or potential threat to the health of humans or other living
organisms; and except, also, that any variance so granted shall not be so
construed as to relieve the person who receives the variance from any
liability imposed by other law for the commission or maintenance of a
nuisance or damage to the property or rights of any person.

2. In determining under what conditions and to what extent a variance may
be granted, the commission shall weigh the equities involved and the
advantages and disadvantages to the applicant and to those affected by
the hazardous waste management practices of the applicant.

3. Variances shall be granted for a period of time and under such terms
and conditions as shall be specified by the commission in its order. In
no event shall the variance be granted for a period of time greater than
one year and shall not be renewable unless circumstances can be shown
which preclude compliance within the one-year period of the variance and
the renewal will not result in an unreasonable risk to the health of
humans or the environment.

4. (1) Any person seeking a variance shall file a petition for a variance
with the department. A filing fee of fifty dollars shall be paid to the
state of Missouri with each petition.

(2) Upon the receipt of a request for a variance deemed substantive by
the department, the department shall by mail notify all record owners of
property within one mile of the outer boundaries of the site, the county,
and the village, town or city within which the facility for which the
variance is proposed is located. If the variance is substantive, as
determined by regulation, the department shall notify the public through
press release and a notice placed in a newspaper of general circulation
serving the area within which the facility is located. The department
shall promptly investigate the petition and make a recommendation to the
commission within sixty days after the petition is received as to whether
the variance should be granted or denied. The department shall promptly
notify the petitioner of its action and at the same time shall issue
public notice by press release or advertisement and shall notify all
record owners of adjoining property by mail directed to the last known
address and the village, town or city, if any, and the county which is
the location of the facility for which the variance is sought.

5. If the variance is deemed to be substantive, the commission shall hold
a public hearing on the variance as provided in section 260.400. If the
variance is deemed to be nonsubstantive, a hearing as provided in section
260.400 shall be held by the commission if requested by the petitioner
within thirty days of the date of notice of the recommendation of the
department. If the commission grants the variance without a hearing, the
matter shall be passed upon at a public meeting no sooner than thirty
days from the date of notice of the recommendation of the department,
except that upon petition, filed within thirty days from the date of the
recommendation, by any person aggrieved by the granting of the variance,
a hearing shall be held and such petitioner shall become a party to the
proceeding. In any hearing under this section the burden of proof shall
be on the person petitioning for a variance.

6. The commission may require the filing of a bond as a condition for the
issuance of a variance in an amount determined by the commission to be
sufficient to insure compliance with the terms and conditions of the
variance. The bond shall be signed by the applicant as principal and by a
corporate surety licensed to do business in the state of Missouri and
approved by the commission. The commission may require that the bond
shall remain in effect until the terms and conditions of the variance are
met and the provisions of sections 260.350 to 260.430 and rules and
regulations promulgated hereunder are complied with.

7. Upon failure to comply with the terms and conditions of any bond or of
any variance as specified by the commission, the variance may be revoked
or modified or the bond may be revoked, or both, by the commission after
a hearing held upon not less than thirty days written notice. The notice
shall be served upon all persons who will be subjected to greater
restrictions if the variance is revoked or modified or who have filed
with the department a written request for notification.

8. Any decision of the commission made pursuant to a hearing held under
this section is subject to judicial review as provided in section
260.415. (L. 1977 H.B. 318 § 12, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)

Effective 10-31-80

1. The department shall cause investigations to be made upon the
request of the commission or upon receipt of information concerning
alleged violations of sections 260.350 to 260.430 or any standard, rule
or regulation, order or license or permit term or condition adopted or
issued hereunder, and may cause to be made any other investigations it
deems advisable to further the purposes of sections 260.350 to 260.430.
Violations shall include obtaining a permit hereunder by
misrepresentation or failure to fully disclose all relevant facts.

2. If, in the opinion of the department, the investigation discloses that
a violation does exist, it may, by conference, conciliation or
persuasion, endeavor to eliminate the violation.

3. In case of the failure by conference, conciliation or persuasion to
correct or remedy any claimed violation, or as required to immediately
and effectively halt or eliminate any imminent or substantial threats to
the health of humans or other living organisms resulting from the claimed
violation, the department may order abatement of the violation or may
revoke any license, or any hazardous waste transportation vehicle
approval or permit which may have been issued hereunder. The department
shall cause to have issued and served upon the person complained against
a written notice of the order or revocation which shall include a copy of
the order or revocation, which shall specify the provision of sections
260.350 to 260.430, or the standard, rule or regulation, order or license
or permit term or condition adopted or issued hereunder of which the
person is alleged to be in violation and a statement of the manner in
which the person is alleged to violate sections 260.350 to 260.430, or
the standard, rule or regulation, order or license or permit term or
condition. Service may be made upon any person within or without the
state by registered or certified mail, return receipt requested. Any
person against whom the department issues an order or revocation may
appeal it by filing a petition with the commission within thirty days.
The appeal shall stay the enforcement of the order or revocation until
final determination by the commission. The commission shall set appeals
for a hearing at a time not less than thirty days after the date of the
receipt of the petition. The commission may sustain, reverse or modify
the department's order or revocation or may make such other orders as the
commission deems appropriate under the circumstances. If any order or
revocation issued by the department is not appealed within the time
herein provided, the order or revocation becomes final and may be
enforced as provided in section 260.425.

4. Licenses and permits issued hereunder may be suspended, revoked or
modified if obtained in violation of sections 260.350 to 260.430 or by
misrepresentation or failing to fully disclose all relevant facts, or
when required to prevent violations of any provision of sections 260.350
to 260.430 or any standard, rule or regulation, order or license or
permit term or condition adopted or issued hereunder, or to protect the
health of humans and other living organisms, when such action is required
by a change in conditions or the existence of a condition which requires
either a temporary or permanent change in the licensed or permitted
hazardous waste management practices, subject to the right of appeal as
set forth in section 260.410*.

5. When the commission schedules a matter for hearing, the petitioner on
appeal may appear at the hearing in person or by counsel, and may make
oral argument, submit written brief, offer testimony and evidence and
cross-examine witnesses.

6. After due consideration of the record, or upon default in appearance
of the petitioner at any hearing of which he has been given notice by
registered or certified mail the commission shall issue and enter such
final order, or make such final determination as it deems appropriate
under the circumstances. It shall notify the petitioner or respondent
thereof in writing by certified or registered mail. (L. 1977 H.B. 318 §
13)

*Apparently an incorrect reference since appeal procedure is provided in
§ 260.415.

1. In addition to any other remedy provided by law, upon a
determination by the director that a provision of sections 260.350 to
260.481 or a standard, limitation, order, rule or regulation promulgated
pursuant thereto, or a term or condition of any permit has been violated,
the director may issue an order assessing an administrative penalty upon
the violator under this section. An administrative penalty shall not be
imposed until the director has sought to resolve the violations through
conference, conciliation and persuasion and shall not be imposed for
minor violations of sections 260.350 to 260.481 or minor violations of
any standard, limitation, order, rule or regulation promulgated pursuant
to sections 260.350 to 260.481 or minor violations of any term or
condition of a permit issued pursuant to sections 260.350 to 260.481. If
the violation is resolved through conference, conciliation and
persuasion, no administrative penalty shall be assessed unless the
violation has caused, or has the potential to cause, a risk to human
health or to the environment, or has caused or has potential to cause
pollution, or was knowingly committed, or is defined by the United States
Environmental Protection Agency as other than minor. Any order assessing
an administrative penalty shall state that an administrative penalty is
being assessed under this section and that the person subject to the
penalty may appeal as provided by this section. Any such order that fails
to state the statute under which the penalty is being sought, the manner
of collection or rights of appeal shall result in the state's waiving any
right to collection of the penalty.

2. The commission shall promulgate rules and regulations for the
assessment of administrative penalties. The amount of the administrative
penalty assessed per day of violation for each violation under this
section shall not exceed the amount of the civil penalty specified in
section 260.425. Such rules shall reflect the criteria used for the
administrative penalty matrix as provided for in the Resource
Conservation and Recovery Act, 42 U.S.C. 6928(a), Section 3008(a), and
the harm or potential harm which the violation causes, or may cause, the
violator's previous compliance record, and any other factors which the
commission may reasonably deem relevant. An administrative penalty shall
be paid within sixty days from the date of issuance of the order
assessing the penalty. Any person subject to an administrative penalty
may appeal to the commission in the manner provided by law. Any appeal
will stay the due date of such administrative penalty until the appeal is
resolved. Any person who fails to pay an administrative penalty by the
final due date shall be liable to the state for a surcharge of fifteen
percent of the penalty plus ten percent per annum on any amounts owed.
Any administrative penalty paid pursuant to this section shall be handled
in accordance with section 7 of article IX of the state constitution. An
action may be brought in the appropriate circuit court to collect any
unpaid administrative penalty, and for attorney's fees and costs incurred
directly in the collection thereof.

3. An administrative penalty shall not be increased in those instances
where department action, or failure to act, has caused a continuation of
the violation that was a basis for the penalty. Any administrative
penalty must be assessed within two years following the department's
initial discovery of such alleged violation, or from the date the
department in the exercise of ordinary diligence should have discovered
such alleged violation.

4. Any final order imposing an administrative penalty is subject to
judicial review upon the filing of a petition pursuant to section
536.100, RSMo, by any person subject to the administrative penalty.

5. The state may elect to assess an administrative penalty, or, in lieu
thereof, to request that the attorney general or prosecutor file an
appropriate legal action seeking a civil penalty in the appropriate
circuit court. (L. 1991 S.B. 45, A.L. 1993 S.B. 80, et al.)

1. All final orders and determinations of the commission or the
department made pursuant to the provisions of sections 260.350 to 260.430
are subject to judicial review pursuant to the provisions of chapter 536,
RSMo. All final orders and determinations shall be deemed "administrative
decisions" as that term is defined in chapter 536, RSMo. No judicial
review shall be available, however, unless all administrative remedies
are exhausted.

2. In any suit filed pursuant to section 536.050, RSMo, concerning the
validity of the commission's standards, rules or regulations, the court
shall review the record made before the commission to determine the
validity and reasonableness of such standards, rules or regulations and
may hear such additional evidence as it deems necessary.

3. Nothing in this section or in any other provision of sections 260.350
to 260.430 shall exclude or impair any existing civil or criminal remedy,
whether statutory or common law, for any wrongful action, including, but
not limited to, actions to enjoin public or private nuisances. Any person
adversely affected in fact by any violation of sections 260.350 to
260.430 or of any rule or regulation promulgated thereunder may sue for
injunctive relief against such violation. The prevailing party in any
such action for injunctive relief shall be awarded costs and reasonable
attorneys' fees. (L. 1977 H.B. 318 § 14, A.L. 1980 2d Ex. Sess. H.B. 5,
et al.)

Effective 10-31-80

1. From September 28, 1977, and notwithstanding any other
provision of sections 260.350 to 260.430 or any other law to the
contrary, upon receipt of information that any activity subject to
sections 260.350 to 260.430 may present an imminent hazard, by placing or
allowing escape of any hazardous waste into the environment or exposure
of people to such waste which may be cause of death, disabling personal
injury, serious acute or chronic disease, or serious environmental harm,
the department director or the commission may take action necessary to
protect the health of humans and the environment from such hazard. The
action the department director, commission or the designee of the
commission may take includes, but is not limited to:

(1) Issuing an order directing the hazardous waste generator,
transporter, facility operator or any other person who is the custodian
or has control of the waste, which constitutes such hazard, to eliminate
such hazard. Such action may include, with respect to a site or facility,
permanent or temporary cessation of operation;

(2) Issuing an order directing a permitted commercial hazardous waste
facility to treat, store or dispose of any waste cleaned up in accordance
with this section;

(3) Acquiring by purchase, donation, agreement or condemnation any lands,
or rights in lands, sites, objects, or facilities necessary to protect
the health of humans and the environment in accordance with sections
260.350 to 260.550 only after it is proven cost effective and all other
options have been exhausted by the commission. In the event any property
is condemned, then the procedures and assessment of damages shall be in
accordance with chapter 523, RSMo;

(4) Selling or leasing any property that has been cleaned up in
accordance with sections 260.350 to 260.550 so as to no longer constitute
a threat to the health of people or to the environment. The proceeds of
such sales or leases shall be deposited in the hazardous waste fund
created in section 260.391; and

(5) Causing to be filed by the attorney general or a prosecuting attorney
in the name of the people of the state of Missouri suit for a temporary
restraining order, temporary injunction or permanent injunction which
action shall be given precedence over all other matters pending in the
circuit courts.

2. In any civil action brought pursuant to this section in which a
temporary restraining order or temporary injunction is sought, there must
be allegations of the types of injury or harm specified in these imminent
hazard provisions; it shall be necessary to allege and prove at the
proceeding that irreparable damage will occur and that the remedy at law
is inadequate, and the temporary restraining order or temporary
injunction shall not issue without such allegations and without such
proof.

3. This section shall not apply to any alleged imminent hazard that is
covered by the federal Occupational Safety and Health Act, so long as the
hazardous waste is contained on the site so covered. This subsection
shall not prevent the department from taking action necessary to prevent
escape of the hazardous waste from such site. (L. 1977 H.B. 318 § 15,
A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1983 H.B. 528, A.L. 2005 S.B.
225)

If the director orders a facility to accept waste pursuant to
subdivision (2) of subsection 1 of section 260.420, the department shall
reimburse the operator at the rate which he normally charges for
treating, storing or disposing of similar wastes within sixty days of the
treatment, storage or disposal of such waste. In the event of a
disagreement about the rate, the director or the operator may appeal to
the commission within ninety days. The commission may schedule a hearing
within thirty days. No later than thirty days after receipt of the
complete record, or following a decision not to hold a hearing, the
commission shall provide the operator with a written determination. All
final decisions of the commission shall be reviewable under chapter 536,
RSMo. (L. 1983 H.B. 528)

Effective 6-27-83

Notwithstanding any other provision of the law to the contrary,
underground injection of hazardous waste is prohibited unless authorized
pursuant to section 577.155, RSMo. (L. 1985 S.B. 110)

Effective 6-27-85

1. It is unlawful for any person to cause or permit any acts or
hazardous waste management practices which violate sections 260.350 to
260.430 or any standard, rule or regulation, order or license or permit
term or condition adopted or issued hereunder. In the event the
commission or the department determines that any provision of sections
260.350 to 260.430 or any standard, rule or regulation, order or
determination, or license or permit term or condition adopted or issued
hereunder by the commission or the department, or any filing requirement
under sections 260.350 to 260.430 or any provision which this state is
required to enforce under any federal hazardous waste management act, is
being, was, or is in imminent danger of being violated, the commission or
department may, in addition to other remedies under sections 260.350 to
260.430, cause to have instituted a civil action in any court of
competent jurisdiction for injunctive relief to prevent any such
violation or further violation or for the assessment of a civil penalty
not to exceed ten thousand dollars per day for each day, or part thereof,
the violation occurred and continues to occur, or both, as the court
deems proper. A civil monetary penalty under this section shall not be
assessed for a violation where an administrative penalty was assessed
under section 260.412. The commission or the department may request
either the attorney general or a prosecuting attorney to bring any action
authorized in this section in the name of the people of the state of
Missouri. Suit may be brought in any county where the defendant's
principal place of business is located or was located at the time the
violation occurred, or has or may cause injury or threat to the health of
humans or the environment. Any offer of settlement to resolve a civil
penalty under this section shall be in writing, shall state that an
action for imposition of a civil penalty may be initiated by the attorney
general or a prosecuting attorney representing the department under
authority of this section, and shall identify any dollar amount as an
offer of settlement which shall be negotiated in good faith through
conference, conciliation and persuasion.

2. Moneys received pursuant to this section which are not required by
article IX, section 7, of the constitution to be distributed to schools
shall be deposited in the hazardous waste fund created in section 260.391.

3. Any person who knowingly:

(1) Transports any hazardous waste to a facility which is not authorized
to receive such waste pursuant to sections 260.350 to 260.430 or permits
or causes any other hazardous waste transportation practice in violation
of any provision of sections 260.350 to 260.430;

(2) Treats, stores or disposes of any hazardous waste either:

(a) Without authorization to do so pursuant to sections 260.350 to
260.430; or

(b) In knowing violation of any material condition or requirement of such
authorization; or

(c) In violation of any provision of sections 260.350 to 260.430;

(3) Makes any false material statement, representation or certification
in any application, label, permit, record, report, manifest or other
document filed, maintained, or required to be maintained under sections
260.350 to 260.430;

(4) Falsifies, tampers with, or renders inaccurate any monitoring device
or result therefrom used, filed, maintained, or required to be maintained
under sections 260.350 to 260.430;

(5) Generates, treats, stores, transports, disposes of or otherwise
handles any hazardous waste, and who in connection therewith knowingly
destroys, alters or conceals any record required to be maintained
pursuant to sections 260.350 to 260.430; or

(6) Owns, maintains or operates any hazardous waste disposal facility in
a manner which permits any acts or hazardous waste management practices
in violation of sections 260.350 to 260.430, shall, upon conviction, be
punished by a fine of not less than twenty-five hundred dollars nor more
than twenty-five thousand dollars for each day of violation, or by
confinement in the county jail for not more than one year, or by both
such fine and confinement. Second and successive convictions for
violation of this section shall be punished by a fine of not less than
five thousand dollars nor more than fifty thousand dollars for each day
of violation, or by imprisonment for not less than ten years, or by both
such fine and imprisonment.

4. Whenever the director or his designee observes or has reason to
believe any such person is violating or has violated the provisions of
sections 260.350 to 260.430 relating to hazardous waste facilities, the
director or his designee may request the sheriff or deputy sheriff of the
county where the hazardous waste facility is located, or any law
enforcement officer otherwise authorized by law to issue a summons, to
make investigation. If the officer views any violation of sections
260.350 to 260.430 or has probable cause to believe any violation of
sections 260.350 to 260.430 is occurring or has occurred, he shall issue
to the owner or operator a summons, in lieu of arrest, which shall state
the nature of any alleged violations and shall command the owner or
operator to appear in circuit court, associate division, at a stated time
and place in answer thereto. If the owner or operator shall fail to
appear as commanded by the summons, a warrant of arrest shall be issued.

5. In addition to the authority granted to it under chapter 43, RSMo, the
Missouri state highway patrol, any of its officers, or any other law
enforcement officer, who has probable cause to believe that such a
violation of sections 260.350 to 260.430 has been committed may detain
any equipment involved in the violation and arrest the person controlling
or operating such equipment. Any such officer shall also notify the
department or the Missouri public service commission as soon as
practicable, which shall, in addition, take whatever civil action they
determine is necessary to correct or eliminate such violation or any
threat to the health of humans or the environment. It shall be the duty
of the Missouri state highway patrol as it pertains to highway use, and
all other officers of the state of Missouri charged with enforcement of
criminal law, to further the purposes of sections 260.350 to 260.430 and
to render and furnish to the department when requested all information
and assistance in their possession and in their power.

6. The liabilities which shall be imposed pursuant to any provision of
sections 260.350 to 260.430 upon persons violating the provisions of
sections 260.350 to 260.430 or any standard, rule or regulation, or
license or permit term or condition adopted or issued hereunder shall not
be imposed for any violation caused by a strike or an act of God, war,
riot or other catastrophe.

7. No provision of sections 260.350 to 260.430 shall be construed to
limit any action at law or in equity from being brought by any person or
political subdivision aggrieved by any violation of sections 260.350 to
260.430 nor shall any provision be construed to prohibit any person from
exercising otherwise existing rights to suppress nuisances. (L. 1977 H.B.
318 § 16, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1983 H.B. 528, A.L.
1993 S.B. 80, et al.)

In non-karst areas of the state, the department of natural
resources shall not issue a hazardous waste facility permit for a
proposed commercial hazardous waste landfill, if such landfill would be
located directly over a groundwater divide. The department of natural
resources shall review on a site-by-site basis, whether a proposed site
is in a non-karst region. (L. 1993 S.B. 80, et al. § 16)

1. Information obtained under sections 260.350 to 260.430 or any
rule or regulation, order or license or permit term or condition adopted
or issued hereunder, or any investigation authorized thereby, shall be
available to the public unless nondisclosure is requested in writing
including justification to the satisfaction of the director that such
information constitutes trade secrets or information which is entitled to
confidential treatment in order to protect any plan, process, tool,
mechanism or compound which is known only to the person claiming
confidential treatment and where confidential treatment is necessary to
protect such person's trade, business or manufacturing process, where
such nondisclosure will not result in an unreasonable threat to the
health of humans or other living organisms and disclosure is not required
under any federal hazardous waste management act. If the director finds
the information does not warrant confidential treatment, the person shall
be notified by registered mail. The information may be released to the
public after thirty days of receipt of the notice from the director
unless the person obtains a restraining order prohibiting disclosure. Any
action by the director concerning confidential treatment may be appealed
to the hazardous waste management commission which may uphold or reverse
such action. Any member of the commission or employee of the department,
for a period of two years after the termination of such relationship, who
is convicted of willful disclosure or conspiracy to disclose trade
secrets or information which is entitled to such confidential treatment
to any person other than one entitled to the information under sections
260.350 to 260.430 is guilty of a misdemeanor and, upon conviction, shall
be punished by fine of not more than one thousand dollars.

2. No action, ordinance or law, with the exception of local option on
location, of any county, city, town, village or other political
subdivision of this state shall operate to prevent the location or
operation of a hazardous waste facility or transporter holding a current
hazardous waste facility permit or transporter license issued hereunder
within its boundaries. Nothing in this subsection shall, however, prevent
any such political subdivision from challenging a facility's or
transporter's compliance with sections 260.350 to 260.430 or any rule or
regulation, order or permit or license term or condition adopted or
issued hereunder. No hazardous waste disposal facility established after
September 28, 1977, shall be located within one-fourth mile of any
permanent, occupied residential dwelling house completed prior to the
receipt by the department of a letter of intent for such hazardous waste
disposal facility without the written consent of the owner of such
residential house. All hazardous waste disposal facilities shall have a
minimum three-hundred-foot buffer zone between the property line of the
facility and the permitted area. The provisions of this subsection shall
not apply to overburden, rocks, tailings, slag, residue or other wastes
resulting from mining, milling and smelting.

3. All pending applicants for the development of a hazardous waste
disposal facility shall meet all requirements of this act*. (L. 1977 H.B.
318 § 17, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)

Effective 10-31-80

*Original rolls contain words "this act". Intent may have been to use
"sections 260.350 to 260.430", as that subchapter deals with hazardous
waste management. "This act", H.B. 5, et al., contains also §§ 260.035
and 260.040.

1. The department of natural resources shall not issue a permit
to an applicant for a commercial hazardous waste facility for the
treatment of such waste by incineration in any county unless the facility
meets the conditions established in this section. For the purposes of
this section, a commercial hazardous waste facility is a facility
designed to treat hazardous waste by incineration for a fee regardless of
where such waste is generated. Any commercial hazardous waste facility
which treats waste by incineration shall be located so as to provide a
health and safety buffer zone. The size and nature of the buffer zone
shall be determined by the department but shall extend at least three
hundred feet from the facility, on property owned or leased by the
applicant. The department shall consider the proximity of schools,
businesses and houses, the prevailing winds and other factors which it
deems relevant when establishing a buffer zone.

2. In any unincorporated area of any county, where there are no zoning
requirements, where a commercial hazardous waste or solid waste facility
designed to treat such waste by incineration is to be located in an area
where fire and police protection is not provided by a municipality or
county, a written agreement to provide for fire and police protection
from surrounding municipalities, counties or the state of Missouri,
including a provision for the use of special units particularly trained
for a hazardous waste or solid waste emergency in the event that such an
emergency occurs, shall be approved by the department for the protection
of the citizens of the area before a permit may be issued. The department
shall at least once a year conduct an unannounced inspection of each
commercial hazardous waste and solid waste incinerator to ensure such
incinerators are operated in compliance with this chapter.

3. Any hazardous waste treatment facility which is sited as a result of a
court settlement or an out-of-court agreement which is designed to treat
hazardous waste at a single site or group of sites shall not be granted a
permit for greater than a five-year period at any one specific location
and no renewal permit shall be issued for a treatment facility located at
a site permitted originally for such a hazardous waste treatment
facility. If the department purports to issue such a renewal permit, such
action shall be invalid ab initio. (L. 1990 S.B. 530)

Effective 7-9-90

1. The department of natural resources shall establish and
promote a program for the collection and disposition of small quantities
of hazardous waste from persons, firms, corporations, state departments
and institutions, and political subdivisions. The program shall provide
for the periodic collection of hazardous waste at points reasonably
accessible to all parts of the state. The department may allow small
quantity hazardous waste generators to utilize the program on a case by
case basis.

2. The department shall establish maximum amounts of hazardous waste
which may be accepted without fee or charge from any person at any one
collection point. The department may accept additional quantities of
hazardous waste; however, in such instances a fee shall be charged in an
amount up to that which reflects the actual cost of collecting, handling,
transporting, and treating or disposing of the additional quantity of
hazardous waste.

3. The department may contract for the collection and disposition of
hazardous waste as provided by this section with any person or firm
authorized to transport, treat, recover or dispose of hazardous waste
under sections 260.350 to 260.430, or the federal Resource Conservation
and Recovery Act, P.L. 94-580, as amended. The department may use
appropriations and accept funds, gifts and services from public and
private agencies, businesses or individuals for the purpose of carrying
out the provisions of this section.

4. The department shall promulgate rules and regulations necessary to
carry out the provisions of this section. The department shall not
delegate any authority to promulgate rules and regulations to any person
with whom or any firm with which it has executed a contract for services
as provided in subsection 3 of this section.

5. (1) The department shall ensure the safe collection and disposal of
small quantities of hazardous waste by the date established in this
section and shall ensure that such disposal is available to small
quantity generators of hazardous waste throughout the state;

(2) After January 1, 1994, small quantities of hazardous waste which are
exempt from regulation under the provisions of sections 260.350 to
260.434, except de minimis amounts, shall not be placed in a sanitary
landfill;

(3) Any person convicted of knowingly placing small quantities of
hazardous waste in a sanitary landfill shall be guilty of an infraction.
(L. 1986 H.B. 875 & 1649 § 1, A.L. 1990 S.B. 530)

No person or entity shall operate a commercial hazardous waste
facility in any third or fourth class counties by engaging in:

(1) Open burning of hazardous waste; or

(2) Open burning of waste explosives; or

(3) Detonation of waste explosives; or

(4) Any other thermal treatment of any hazardous waste or waste
explosives, unless in a manner consistent with the department's standards
for owners/operators of permitted hazardous waste treatment, storage, and
disposal facilities. (L. 1987 H.B. 375 § 1)

1. The department shall assess the transportation system serving
a proposed site for a new hazardous waste resource recovery, treatment or
disposal facility as a part of its review of the application for a
permit. The department shall examine the transportation route or routes
to ensure that the design and maintenance of such route or routes
provides adequate safety for the public using or living near the route or
routes. The department may designate or prohibit specific routes, limit
use of approved routes during certain time periods or impose other
reasonable restrictions upon the transportation of hazardous waste to or
from the facility.

2. The department shall review the capability of local governments near a
proposed site to respond to an emergency involving the transportation of
hazardous waste or an emergency at the hazardous waste resource recovery,
treatment or disposal facility when it reviews an application for a
permit. The department shall reassess that capability whenever the
operator proposes recovering, treating or disposing of a hazardous waste
which is substantially more toxic, corrosive, ignitable or reactive than
those wastes approved under the current permit. The department may
require the operator to provide supplemental emergency response
capability to ensure public safety.

3. The department shall enter into an interagency agreement with the
department of transportation and the department of public safety to
permit the sharing of information and to assign responsibility for
performing the assessment required in this section. (L. 1988 S.B. 535 §§
1, 2)

The definitions set forth in section 260.360 shall apply to
sections 260.435 to 260.480 and, in addition to such definitions, the
term "abandoned or uncontrolled" means any property where hazardous waste
has been illegally disposed of, or where hazardous waste was disposed of
prior to regulation under sections 260.350 to 260.430. However, the term
"hazardous waste" as used in sections 260.350 to 260.480 shall not
include:

(1) Fly ash waste, bottom ash waste, slag waste and flue gas emission
control waste generated primarily from the combustion of coal or other
fossil fuels;

(2) Solid waste from the extraction, beneficiation and processing of ores
and minerals, including phosphate rock and overburden from the mining of
uranium ore; or

(3) Cement kiln dust waste; unless any such waste becomes subject to
regulation under the Federal Hazardous Waste Management Act, then such
waste excluded under this section shall be subject to regulation under
this act*. (L. 1983 H.B. 528)

Effective 6-27-83

*"This act" (H.B. 528, 1983) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

In addition to any other powers vested in it by law, the
commission shall have the power to adopt, amend or repeal, after due
notice and public hearing, standards, rules and regulations to implement
sections 260.435 to 260.480. (L. 1983 H.B. 528, A.L. 1995 S.B. 3)

1. The department shall maintain and make available for public
inspection a registry of confirmed abandoned or uncontrolled hazardous
waste disposal sites in the state. The department shall take all
necessary action to insure that the registry provides a complete listing
of all such sites. The registry shall contain the exact location of each
site and identify the types of waste found at each site.

2. The department shall investigate all known or suspected abandoned or
uncontrolled sites and determine whether each site should be included in
the registry. In the evaluation of known or suspected abandoned or
uncontrolled sites, the department shall have the power to enter private
property and perform tests and analyses in the manner provided in section
260.375. (L. 1983 H.B. 528)

Effective 6-27-83

1. The department shall, on or before January 1, 1984, and
annually thereafter on January first of each succeeding year, transmit an
updated report to the commission, the general assembly and the governor
identifying every abandoned or uncontrolled hazardous waste disposal site
in the state listed on the registry. A copy of such report shall also be
sent to the governing body of every county containing such a site.

2. Each annual report shall include, but need not be limited to, the
following information for each site:

(1) A general description of the site, including the name and address of
the site, the type and quantity of the hazardous waste disposed of at the
site and the name of the current owners of the site;

(2) A summary of any significant environmental problems at and near the
site;

(3) A summary of any serious health problems in the immediate vicinity of
the site and any health problems deemed by the department to be related
to conditions at the site;

(4) The status of any testing, monitoring or remedial actions in progress
or recommended by the department;

(5) The status of any pending legal actions and any federal, state or
local government permits concerning the site;

(6) The relative priority for remedial action at each site; and

(7) The proximity of the site to private residences, public buildings or
property, school facilities, places of work or other areas where
individuals may be regularly present.

3. In developing and maintaining the annual report, the department shall
assess by January 1, 1984, and reassess by January first of each year
thereafter based upon new information received, the relative priority of
the need for action at each site to remedy environmental and health
problems resulting from the presence of hazardous wastes at such sites.
In making its assessments of relative priority, the department shall
place every site in one of the following classifications:

(1) Causing or presenting an imminent danger of causing irreversible or
irreparable damage to the public health or environment--immediate action
required;

(2) Significant threat to the environment--action required;

(3) Does not present a significant threat to the public health or
environment--action may be deferred;

(4) Site properly closed--requires continued management;

(5) Site properly closed, no evidence of present or potential adverse
impact--no further action required.

4. Any site classified as properly closed under subdivision (5) of
subsection 3 of this section shall be removed from all subsequent annual
reports and the register of abandoned or uncontrolled sites.

5. The department shall utilize the department of health and senior
services when assessing the effects of an abandoned or uncontrolled site
on human health. (L. 1983 H.B. 528)

Effective 6-27-83

1. The director shall investigate each site listed in the
registry to determine the relative priority of the site as provided in
section 260.445.

2. The director shall for each site identify the:

(1) Address and site boundaries;

(2) Time period of use for disposal of hazardous waste;

(3) Name of the current owner and operator and names of reported owners
and operators during the time period of use for disposal of hazardous
waste;

(4) Names of persons responsible for the generation and transportation of
hazardous waste disposed of; and

(5) Type, quantity and manner of hazardous waste disposal.

3. When preliminary evidence suggests further assessment is necessary,
the director may assess the:

(1) Depth of water table at the site;

(2) Nature of soils at the site;

(3) Location, nature and size of aquifers at the site;

(4) Direction of present and historic groundwater flows at the site;

(5) Location and nature of surface waters at and near the site;

(6) Levels of contaminants, if any, in groundwater, surface water, air
and soils at and near the site resulting from hazardous wastes disposed
of at the site; and

(7) Current quality of all drinking water drawn from or distributed
through the area in which the site is located, if the department
determines that water quality may have been affected by the site.

4. The director shall maintain a site assessment file for each site
listed in the registry. The file shall contain all information obtained
pursuant to this section and shall be open to the public. The site
materials in the file may be reproduced by any person. The department may
impose a charge not to exceed the actual cost of reproduction for copies
of file information. (L. 1983 H.B. 528)

Effective 6-27-83

Within sixty days after June 27, 1983, the department shall
notify by certified mail the owner of all or any part of each site or
area to be included in the registry required by section 260.440 by
mailing notice to the owner's last known address. Thereafter, thirty days
before any site is added to the registry, the department shall notify the
owner of all or any part of such site by certified mail of the proposed
addition to the registry by mailing notice to each such owner at the
owner's last known address. (L. 1983 H.B. 528)

Effective 6-27-83

1. Any owner or operator of a site proposed for listing in the
registry, or listed in the registry pursuant to section 260.440, may
petition the director for deletion of such site, modification of the site
classification or modification of any information regarding such site. No
site shall be listed on the registry until after the resolution of any
appeal initiated under this section.

2. Within ninety days after the submittal of such petition, the
commission may convene a hearing to review the action of the director. No
less than thirty days prior to the hearing, the commission shall cause a
notice of hearing to be published in a newspaper of general circulation
in the county in which the site is located. The commission shall also
notify in writing any owner or operator of the site no less than thirty
days prior to the hearing.

3. No later than thirty days following receipt of the complete record or
following the decision not to hold a hearing, the commission shall
provide the owner or operator with a written determination accompanied by
reason therefor regarding action taken on the petition. All final
decisions of the commission shall be reviewable under chapter 536, RSMo.

4. The department shall, within ten days of any determination, notify the
local governments of jurisdiction whenever a change is made in the
registry pursuant to this section. (L. 1983 H.B. 528)

Effective 6-27-83

1. No person may substantially change the manner in which an
abandoned or uncontrolled hazardous waste disposal site on the registry
prepared and maintained by the department pursuant to section 260.440 is
used without the written approval of the director.

2. No person may sell, convey or transfer title to an abandoned or
uncontrolled hazardous waste disposal site which is on the registry
prepared and maintained by the department pursuant to section 260.440
without disclosing to the buyer early in the negotiation process that the
site is on the registry, specifying applicable use restrictions and
providing all registry information for the site. The seller shall also
notify the buyer that he may be assuming liability for any remedial
action at the site; provided, however, the sale, conveyance or transfer
of property shall not absolve any person responsible for site
contamination, including the seller, of liability for any remedial action
at the site. The seller shall notify the department of the transfer of
ownership within thirty days after the transfer.

3. Decisions of the director concerning the use of an abandoned or
uncontrolled hazardous waste site may be appealed to the commission in
the manner provided in section 260.460.

4. If the department has reason to believe that the provisions of this
section have been violated, or are in imminent danger of being violated,
it may institute a civil action in any court of competent jurisdiction
for injunctive relief to prevent such violation and for the assessment of
a civil penalty not to exceed one thousand dollars per day for each day
of violation. (L. 1983 H.B. 528, A.L. 1988 S.B. 535)

When the director places a site on the registry as provided in
section 260.440, and after the resolution of any appeal under section
260.455, he shall file with the county recorder of deeds the period
during which the site was used as a hazardous waste disposal area. When
the director finds that a site on the registry has been properly closed
under subdivision (5) of subsection 3 of section 260.445 with no evidence
of potential adverse impact, he shall file this finding with the county
recorder of deeds. The county recorder of deeds shall file this
information so that any purchaser will be given notice that the site has
been placed on, or removed from, the registry. (L. 1983 H.B. 528)

Effective 6-27-83

1. Every hazardous waste generator located in Missouri shall
pay, in addition to the fees imposed in section 260.380, a fee of
twenty-five dollars per ton annually on all hazardous waste which is
discharged, deposited, dumped or placed into or on the soil as a final
action, and two dollars per ton on all other hazardous waste transported
off site. No fee shall be imposed upon any hazardous waste generator who
registers less than ten tons of hazardous waste annually pursuant to
section 260.380, or upon:

(1) Hazardous waste which must be disposed of as provided by a remedial
plan for an abandoned or uncontrolled hazardous waste site;

(2) Fly ash waste, bottom ash waste, slag waste and flue gas emission
control waste generated primarily from the combustion of coal or other
fossil fuels;

(3) Solid waste from the extraction, beneficiation and processing of ores
and minerals, including phosphate rock and overburden from the mining of
uranium ore and smelter slag waste from the processing of materials into
reclaimed metals;

(4) Cement kiln dust waste;

(5) Waste oil; or

(6) Hazardous waste that is:

(a) Reclaimed or reused for energy and materials;

(b) Transformed into new products which are not wastes;

(c) Destroyed or treated to render the hazardous waste nonhazardous; or

(d) Waste discharged to a publicly owned treatment works.

2. The fees imposed in this section shall be reported and paid to the
department on an annual basis not later than the first of January. The
payment shall be accompanied by a return in such form as the department
may prescribe.

3. All moneys collected or received by the department pursuant to this
section shall be transmitted to the department of revenue for deposit in
the state treasury to the credit of the hazardous waste fund created
pursuant to section 260.391. Following each annual reporting date, the
state treasurer shall certify the amount deposited in the fund to the
commission.

4. If any generator or transporter fails or refuses to pay the fees
imposed by this section, or fails or refuses to furnish any information
reasonably requested by the department relating to such fees, there shall
be imposed, in addition to the fee determined to be owed, a penalty of
fifteen percent of the fee shall be deposited in the hazardous waste fund.

5. If the fees or any portion of the fees imposed by this section are not
paid by the date prescribed for such payment, there shall be imposed
interest upon the unpaid amount at the rate of ten percent per annum from
the date prescribed for its payment until payment is actually made, all
of which shall be deposited in the hazardous waste fund.

6. The state treasurer is authorized to deposit all of the moneys in the
hazardous waste fund in any of the qualified depositories of the state.
All such deposits shall be secured in such a manner and shall be made
upon such terms and conditions as are now or may hereafter be provided
for by law relative to state deposits. Interest received on such deposits
shall be credited to the hazardous waste fund.

*7. This fee shall expire December 31, 2011, except that the department
shall levy and collect this fee for any hazardous waste generated prior
to such date and reported to the department. (L. 1983 H.B. 528, A.L. 1985
S.B. 110, A.L. 1988 S.B. 535, A.L. 1994 H.B. 1156, A.L. 1999 S.B. 353,
A.L. 2000 S.B. 577, A.L. 2004 S.B. 1040, A.L. 2005 S.B. 225)

*Fee expires 12-31-11

The fund balance remaining in the hazardous waste remedial fund
is hereby transferred to the hazardous waste fund created in section
260.391*, and the moneys may be appropriated for any purpose previously
authorized by this section as specified in subsection 1 of section
260.391. (L. 1983 H.B. 528, A.L. 1985 S.B. 110, A.L. 1988 S.B. 535, A.L.
2000 S.B. 577, A.L. 2005 S.B. 225)

*Words "section 260.491" appear in original rolls, a typographical error.

1. Any fourth class city in any first class county with a
charter form of government adjoining a city not within a county, which
has contracted with the state of Missouri or the federal government, or
both, for the acquisition of all real property by any federal or state
agency because of the release of a hazardous substance that endangers the
public health and welfare of such city and has resulted in a public
calamity, and where a city ordinance effecting disincorporation has been
submitted to the governor by the mayor of the city requesting
disincorporation, shall be disincorporated upon the issuance of a
governor's executive order approving such disincorporation. Notice of
such disincorporation shall be submitted to the secretary of state and
the county commission of the county within which such city lies.

2. Upon the issuance of the executive order as required in subsection 1
of this section, the governor shall appoint a person to act as trustee
for the city so disincorporated and shall appoint legal counsel to assist
such trustee as necessary. Before entering upon the discharge of his
duties, the trustee shall take and subscribe on oath that he will
faithfully discharge the duties of his office. The trustee shall be
empowered to condemn property as required, to take title to property as
it is acquired, to take over all records of the city and to exercise
other duties as specified in section 79.520, RSMo, except that the
trustee shall not be empowered to institute suits in behalf of the city
without the express authorization of the governor.

3. When the trustee shall have closed the affairs of the city, and shall
have paid all debts due by the city, he shall, at the request of the
governor, pay over to the state treasurer all money remaining in his
hands and deliver to the agency designated by the governor all books,
papers, records and deeds to acquired real property belonging to the
disincorporated city.

4. Any expenditures incurred under this section will be paid first from
excess city funds and then from the Missouri hazardous waste fund under
section 260.391. (L. 1985 S.B. 333 § 1, A.L. 2005 S.B. 225)

1. Incineration or disposal by the United States Department of
Defense of any hazardous substance resulting from activities associated
with environmental cleanup at a facility not currently involved in the
production of weapons, located in any county of the first classification
with a charter form of government and a population of less than three
hundred thousand inhabitants, shall be limited only to wastes produced
and located at the site where such incineration or disposal is conducted.

2. No incineration of any hazardous substance at such facility shall be
conducted after five calendar years following the completion of the test
burn of such incineration. (L. 1995 S.B. 407)

Effective 5-16-95

As used in sections 260.500 to 260.550, unless the context
clearly indicates otherwise, the following terms mean:

(1) "Cleanup", all actions necessary to contain, collect, control,
identify, analyze, clean up, treat, disperse, remove, or dispose of a
hazardous substance;

(2) "Cleanup costs", all costs incurred by the state or any of its
political subdivisions, or their agents, or by any other person
participating with the approval of the department of natural resources in
the prevention or mitigation of damages from a hazardous substance
emergency or the cleanup of a hazardous substance involved in a hazardous
substance emergency, including a proportionate share of those costs
necessary to maintain the services authorized in sections 260.500 to
260.550;

(3) "Department", the department of natural resources;

(4) "Director", the director of the department of natural resources;

(5) "Hazardous substance", any substance or mixture of substances that
presents a danger to the public health or safety or the environment and
includes:

(a) Any hazardous waste identified or listed by the department pursuant
to sections 260.350 to 260.430;

(b) Any element, compound, mixture, solution, or substance designated
pursuant to Sections 101(14) and 102 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, and Section
302 of the Superfund Amendments and Reauthorization Act of 1986, as
amended; and

(c) Any hazardous material designated by the Secretary of the United
States Department of Transportation pursuant to the Hazardous Materials
Transportation Act;

(d) "Hazardous substances" does not include radioactive materials,
wastes, emissions or discharges that are licensed or regulated by laws of
the federal government or of this state. However, such material released
due to a transportation accident shall be considered a hazardous
substance;

(6) "Hazardous substance emergency":

(a) Any release of hazardous substances in quantities equal to or in
excess of those determined pursuant to Section 101(14) or 102 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended, and Section 304 of the Superfund Amendments and
Reauthorization Act of 1986, as amended;

(b) Any release of petroleum including crude oil or any fraction thereof,
natural gas, natural gas liquids, liquefied natural gas, or synthetic gas
usable for fuel (or mixtures of natural gas and such synthetic gas) in
excess of fifty gallons for liquids or three hundred cubic feet for
gases, except that the notification and reporting of any release of
natural gas or natural gas mixtures by or from intrastate facilities,
regardless of the quantity of such release, shall be as specified by the
public service commission rather than pursuant to the notification and
reporting requirements contained in, or authorized by, sections 260.500
to 260.550. Interstate natural gas pipeline facilities shall report
natural gas releases to the state and the National Response Center in
accordance with federal Department of Transportation regulatory
requirements;

(c) Any release of a hazardous waste which is reportable pursuant to
sections 260.350 to 260.430;

(d) Any release of a hazardous substance which requires immediate notice
pursuant to Part 171 of Title 49 of the Code of Federal Regulations;

(e) The department may promulgate rules and regulations identifying the
substances and the quantities thereof which, if released, constitute a
hazardous substance emergency;

(7) "Person", any individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision, or any agency, board, department, or
bureau of the state or federal government, or any other legal entity
whatever which is recognized by law as the subject of rights and duties;

(8) "Person having control over a hazardous substance", any person
producing, handling, storing, transporting, refining, or disposing of a
hazardous substance when a hazardous substance emergency occurs,
including bailees, carriers, and any other person in control of a
hazardous substance when a hazardous substance emergency occurs, whether
they own the hazardous substance or are operating under a lease,
contract, or other agreement with the legal owner thereof;

(9) "Release", any threatened or real emission, discharge, spillage,
leakage, pumping, pouring, emptying or dumping of a substance into or
onto the land, air or waters of the state unless done in compliance with
the conditions of a federal or state permit, unless the substance is
confined and is expected to stay confined to property owned, leased or
otherwise controlled by the person having control over the substance, or
unless, in the case of pesticides, if application is done in accordance
with the product label;

(10) "State of Missouri basic emergency operations plan", the state plan,
its annexes, and appendices as developed or maintained by the state
emergency management agency for response to natural and man-made
disasters in this state;

(11) "Waters of the state", all rivers, streams, lakes and other bodies
of surface and subsurface water lying within or forming a part of the
boundaries of the state which are not entirely confined and located
completely upon lands owned, leased or otherwise controlled by a single
person or by two or more persons jointly or as tenants in common and
includes waters of the United States lying within the state. (L. 1983
H.B. 528, A.L. 1995 S.B. 3 merged with S.B. 283, A.L. 2000 S.B. 577)

1. The director shall develop a "Hazardous Substance Emergency
Response Plan", as an appendix to the annex of the "State of Missouri
Basic Emergency Operation Plan", part II, "The Missouri Comprehensive
Emergency Preparedness and Disaster Relief Plan". The hazardous substance
emergency response plan shall be developed in consultation and
cooperation with affected industries, and in cooperation and with the
approval of the departments of public safety, social services,
agriculture, conservation, transportation, and economic development for
their areas of responsibility. The plan shall outline the respective
responsibilities of the involved agencies in responding to hazardous
substances emergencies. The department may enter into agreements with any
state agency or unit of local government, with the federal government and
with other persons as necessary to develop and implement the hazardous
substances emergency response plan and to implement sections 260.005 to
260.550.

2. The hazardous substance emergency response plan shall establish one
statewide telephone number to be used to notify the state of Missouri
whenever a hazardous substance emergency occurs. Such phone shall be
monitored by technical staff capable of advising the person reporting the
emergency of the proper immediate actions to take pending the arrival of
response personnel or other qualified assistance. The number shall be
established by rule by the department in cooperation with the other
affected state agencies and in accordance with the hazardous substance
emergency response plan.

3. The person monitoring the statewide emergency telephone shall notify
the appropriate agencies as designated in the hazardous substance
emergency response plan.

4. Any person having control over a hazardous substance shall contact the
state of Missouri, as specified in subsection 2 of this section, or the
National Response Center, at the earliest practical moment upon discovery
of an emergency involving the hazardous substance under his control. If
requested, a written report of particulars of the incident shall be
submitted. Failure to notify as required in this section is a class A
misdemeanor. Notification received pursuant to this paragraph or
information obtained by the exploitation of such notification shall not
be used against any such person in any criminal case, except a
prosecution for perjuring or for giving a false statement. (L. 1983 H.B.
528)

Effective 6-27-83

The director:

(1) Shall provide technical advice and assistance to other state
agencies, to political subdivisions of the state and to other persons
upon request for the prevention, control and response to hazardous
substance emergencies;

(2) May require the person having control over a hazardous substance
involved in a hazardous substance emergency to clean up the hazardous
substance and take any reasonable actions necessary to end a hazardous
substance emergency;

(3) May clean up a hazardous substance and take any actions necessary to
end a hazardous substance emergency if the person having control over a
hazardous substance fails to take reasonable actions required by the
director to clean up such hazardous substance or end such hazardous
substance emergency;

(4) Shall take those actions necessary to clean up a hazardous substance
or to end a hazardous substance emergency if the person having control
over the hazardous substance cannot be contacted within a reasonable
amount of time;

(5) May require a person having control over a hazardous substance
involved in a hazardous substance emergency to take such corrective
actions as may be reasonably required to prevent a recurrence of
hazardous substance emergencies;

(6) May clean up any release of a substance if such release is a threat
to the environment. (L. 1983 H.B. 528)

Effective 6-27-83

Any action taken by any person to abate, control, or clean up a
hazardous substance involved in a hazardous substance emergency shall not
be construed as an admission of liability for a hazardous substance
emergency. (L. 1983 H.B. 528)

Effective 6-27-83

The director may adopt, amend, promulgate or repeal, after due
notice and hearing, rules and regulations to implement sections 260.500
to 260.550 pursuant to this section and chapter 536, RSMo. No rule or
portion of a rule promulgated under the authority of sections 260.500 to
260.550 shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1983 H.B. 528, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

No person shall refuse entry or access for the purpose of
investigating or responding to hazardous substance emergencies of an
authorized representative of the department who presents appropriate
credentials, nor obstruct or hamper the representative. A suitably
restricted search warrant, upon showing of probable cause in writing and
upon oath, shall be issued by any judge or associate circuit judge having
jurisdiction to any such representative for the purpose of enabling the
representative to investigate or respond to hazardous substance
emergencies. (L. 1983 H.B. 528)

Effective 6-27-83

1. Any person having control over a hazardous substance shall be
strictly liable to the state of Missouri for the reasonable cleanup costs
incurred by the state as a result of the failure of such person to clean
up a hazardous substance involved in a hazardous substance emergency in
accordance with the requirements of sections 260.500 to 260.550 and rules
promulgated by the department pursuant thereto. If such failure is
willful, the person shall, in addition, be liable for punitive damages
not to exceed triple the cleanup costs incurred by the state. Prompt and
good faith notification to the director by the person having control over
a hazardous substance that such person does not have the resources or
managerial capability to begin or continue cleanup activities, or a good
faith effort to clean up, relieves the person of liability for punitive
damages, but not for actual cleanup costs. The director shall keep a
record of all expenses incurred in carrying out any project or activity
authorized by sections 260.500 to 260.550.

2. A person otherwise liable under the provisions of sections 260.500 to
260.550 is not liable if he demonstrates that the hazardous substance
emergency occurred as the result of an act of God, an act of war, an act
of the state of Missouri or the United States or solely the act of a
third party. For the purposes of sections 260.500 to 260.550, no
employee, agent of, or independent contractor employed by a person
otherwise liable shall be considered a third party. (L. 1983 H.B. 528)

Effective 6-27-83

(1994) Missouri hazardous substance emergency statute does not create a
private cause of action. Purchaser of land had no cause of action against
vendor for recovery of costs of cleanup. Only state has cause of action
for clean-up costs under statute. Yellow Freight System, Inc. v. ACF
Industries, Inc. 882 S.W.2d 225 (Mo. App. E.D.).

Moneys received pursuant to the provisions of sections 260.500
to 260.550 which are not required by article IX, section 7 of the
constitution to be distributed to schools shall be deposited in the
hazardous waste fund created in section 260.391 and shall, upon
appropriation, be used for control, abatement, analysis, cleanup,
investigation and other reasonable costs incurred when responding to
hazardous substance emergencies, or shall be used to reimburse the
federal government for federal funds expended for the purposes named in
this section. All other costs of the department necessary to carry out
the provisions of sections 260.500 to 260.550 shall be paid from the
hazardous waste fund, appropriated from general revenue or paid from
available federal funds. (L. 1983 H.B. 528, A.L. 1988 S.B. 535, A.L. 2000
S.B. 577)

Persons employed by the state of Missouri shall not be held
liable for damages incurred as a result of actions taken by them when
acting in their official capacity pursuant to sections 260.500 to
260.550, rules promulgated pursuant thereto and the hazardous substance
emergency response plan. However, the state of Missouri may be held
liable for any such damages as provided in sections 537.600 and 537.610,
RSMo, or as may be covered by liability insurance or a self-insurance
plan. (L. 1983 H.B. 528)

Effective 6-27-83

Any person who provides assistance, including equipment or
materials, at the request of the department or a political subdivision or
volunteer fire protection district or by previous agreement with the
department or political subdivision or volunteer fire protection district
in the event of a release of a hazardous substance shall not be held
liable in any civil action for damages as a result of that person's acts
or omissions in rendering such assistance. Nothing in this section shall
relieve any person from civil damages in the following circumstances:

(1) Where the release referred to is the result of the person's having
control of a spilled hazardous substance;

(2) Where the person rendered assistance for payment beyond reimbursement
for out-of-pocket expenses or with the expectation of such payment; or

(3) For acts or omissions which result from intentional wrongdoing or
gross negligence. (L. 1983 H.B. 528, A.L. 1988 S.B. 535, A.L. 1990 H.B.
1395 & 1448)

1. In the event that a hazardous substance release occurs for
which a political subdivision or volunteer fire protection association as
defined in section 320.300, RSMo, provides emergency services, the person
having control over a hazardous substance shall be liable for such
reasonable cleanup costs incurred by the political subdivision or
volunteer fire protection association. Such liability includes the cost
of materials, supplies and contractual services actually used to secure
an emergency situation. The liability may also include the cost for
contractual services which are not routinely provided by the department
or political subdivision or volunteer fire protection association. Such
liability shall not include the cost of normal services which otherwise
would have been provided. Such liability shall not include budgeted
administrative costs or the costs for duplicate services if multiple
response teams are requested by the department or political subdivision
unless, in the opinion of the department or political subdivision,
duplication of service was required to protect the public health and
environment. Such liability shall be established upon receipt by the
person having control of the spilled hazardous substance of an itemized
statement of costs provided by the political subdivision.

2. Full payment shall be made within thirty days of receipt of the cost
statement unless the person having control over the hazardous substance
contests the amount of the costs pursuant to this section. If the person
having control over the hazardous substance elects to contest the payment
of such costs, he shall file an appeal with the director within thirty
days of receipt of the cost statement.

3. Upon receipt of such an appeal, the director shall notify the parties
involved of the appeal and collect such evidence from the parties
involved as he deems necessary to make a determination of reasonable
cleanup costs. Within thirty days of notification of the appeal, the
director shall notify the parties of his decision. The director shall
direct the person having control over a hazardous substance to pay those
costs he finds to be reasonable and appropriate. The determination of the
director shall become final thirty days after receipt of the notice by
the parties involved unless prior to such date one of the involved
parties files a petition for judicial review pursuant to chapter 536,
RSMo.

4. The political subdivision or volunteer fire protection association may
apply to the department for reimbursement from the hazardous waste fund
created in section 260.391 for the costs for which the person having
control over a hazardous substance shall be liable if the political
subdivision or volunteer fire protection association is able to
demonstrate a need for immediate relief for such costs and believes it
will not receive prompt payment from the person having control over a
hazardous substance. When the liability owed to the political subdivision
or volunteer fire protection association by the person having control
over a hazardous substance is paid, the political subdivision or
volunteer fire protection association shall reimburse the department for
any payment it has received from the hazardous waste fund. Such
reimbursement to a political subdivision or volunteer fire protection
association by the department shall be paid back to the department by the
political subdivision or volunteer fire protection association within
that time limit imposed by the department notwithstanding failure of the
person having control over a hazardous substance to reimburse the
political subdivision or volunteer fire protection association within
that time. (L. 1990 H.B. 1395 & 1448, A.L. 2000 S.B. 577, A.L. 2005 S.B.
225)

Information obtained under the provisions of sections 260.500 to
260.550 or any rule or regulation, order or condition adopted or issued
thereunder, or any investigation authorized thereby, shall be available
to the public unless:

(1) Nondisclosure is requested in writing;

(2) Such information constitutes trade secrets or information which is
entitled to confidential treatment in order to protect any plan, process,
tool, mechanism, or compound which is known only to the person claiming
confidential treatment and confidential treatment is necessary to protect
such person's trade, business or manufacturing process;

(3) Such nondisclosure will not result in an unreasonable threat to the
health of humans or the environment; and

(4) Disclosure is not required under any federal act. Any employee of a
department or any former employee of a department who, for a period of
two years after the termination of such relationship, is convicted of
willful disclosure or conspiracy to disclose trade secrets or information
which is entitled to such confidential treatment to any person other than
one entitled to the information under sections 260.500 to 260.550 is
guilty of a class A misdemeanor. (L. 1983 H.B. 528)

Effective 6-27-83

1. No person engaged in the business of waste cleanup of
environmental hazards created by others, including asbestos, shall be
liable for any damages arising from the release or discharge of a
pollutant, resulting from such activity, in an amount greater than one
million dollars to any one person or three million dollars to all persons
for a single occurrence. The limitation of liability of this section
shall not:

(1) Affect any right of indemnification which such person has, or may
acquire by contract, against any other person who is liable for creating
an environmental hazard;

(2) Apply to persons who intentionally, wantonly, or willfully violate
federal or state regulations respecting the clean-up process.

2. For purposes of this* section, the phrase "business of waste cleanup
of environmental hazard" shall mean an activity including the
investigation, evaluation, planning, design, engineering, removal,
construction and ancillary services, which is carried out to abate or
clean up a pollutant. (L. 1987 H.B. 700 § 37)

Effective 7-1-87

*Word "the" appears in original rolls.

As used in sections 260.565 to 260.575, the following terms mean:

(1) "Hazardous substance", any hazardous substance specified in the
Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. Sections 9601(14) (A)-(F), as amended, petroleum and petroleum
products, except where such petroleum and petroleum products were
released to the environment from tanks subject to regulation by the
department of natural resources or located on property which is eligible
for moneys from the petroleum storage tank insurance fund pursuant to
section 319.131, RSMo, and any hazardous waste as defined in section
260.360 or any rules promulgated under sections 260.350 to 260.480;

(2) "Person", any individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust
estate, political subdivision or any agency, board, department or bureau
of the state or federal government, or any other legal entity whatever
which is recognized by law as the subject of rights and duties;

(3) "Phase I environmental site assessment", a noninvasive physical
assessment of the real property and a records review conducted by a
technical consultant who is familiar with the nature of the operations
and activities that have occurred on the real property;

(4) "Real property", any residential or nonresidential real property;

(5) "Remediation" or "remedial action", all appropriate actions taken to
clean up contaminated real property, including but not limited to
removal, remedial actions, and response actions as such terms are defined
by the federal Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9601). (L. 1993 S.B. 80, et al.,
A.L. 1999 S.B. 334)

1. Any person, including but not limited to a person acquiring,
disposing of or possessing a lienholder interest on real property or
other circumstances as may be established by rule involving real property
that is known to be or suspected to be contaminated by hazardous
substances, may apply to remediate the real property with oversight by
the department of natural resources. Such application shall be made on
forms provided by the department and shall include the location of the
real property, the legal description of the real property, a general
description of the nature of the operations and activities and the dates,
if known, that such activities occurred on the real property, the names
of known past and present owners of the real property, a description of
the nature and extent of known or suspected contamination and an
application fee of two hundred dollars.

2. The department shall review the application. The department shall
approve or deny all applications received prior to January 1, 1995, by
April 1, 1995. The department shall approve or deny all applications
received on or after January 1, 1995, within ninety days of receipt of
the application. The department shall approve the application unless the
department determines that the contamination present or suspected to be
present is such as to warrant action under sections 260.350 to 260.480,
as amended, the Resource Conservation and Recovery Act, 42 U.S.C. section
6901 et seq., as amended, or the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. section 9601 et seq., as
amended, in which case the department shall deny the request. If the
applicant chooses to continue to remediate the real property under the
provisions of sections 260.565 to 260.575, the department shall execute a
site-specific oversight agreement with the applicant following approval
of the application.

3. Following the approval of an application and execution of an oversight
agreement, the applicant shall submit a copy of all reports prepared
concerning the results of any site assessments, investigations, sample
collections and sample analyses including, at a minimum, a Phase I
environmental site assessment, to the department. The department shall
review the reports submitted and comment, within one hundred and eighty
days, on the nature and extent of any additional required environmental
site assessments to be conducted on the real property. The department
shall require the applicant to post a deposit, not to exceed five
thousand dollars, which shall be used, upon appropriation, to cover the
site-specific costs to the department. Moneys shall be transmitted to the
director of the department of revenue for deposit in the state treasury.
The deposit may be satisfied by cash or a letter of credit issued by a
Missouri bank.

4. Prior to the conducting of any additional environmental site
assessments, if any, the department shall approve all work plans
appropriate for the scope of the assessment.

5. The department shall review reports of any additional environmental
site assessments and make a determination, within one hundred and eighty
days, of any required remedial actions. If the department determines that
no remedial action is required, the applicant shall submit, if required
by the director, a monitoring plan to the department. Upon approval by
the director, the plan, if required, shall be implemented by the
applicant. If the department determines that remediation is required, the
applicant shall submit a remedial action plan to the department for any
contamination identified in the environmental site assessments.

6. The department shall review the remedial action plan. Remedial action
plans shall include work plans, safety plans, and testing protocols. In
addition, remedial action plans shall include appropriate monitoring
plans. The department shall, within ninety days, approve the plan if the
plan satisfies the requirements of this section.

7. Following approval of the remedial action plan by the department, the
applicant shall implement the remedial action plan.

8. During the implementation of the remedial action plan, the applicant
shall submit to the department, on forms provided by the department,
quarterly progress reports of such remedial action.

9. The applicant shall submit to the department a copy of all reports
prepared concerning such remedial action.

10. The department shall review the remedial action conducted in
accordance with the provisions of the approved remedial action plan.

11. Nothing in sections 260.565 to 260.575 shall limit the right of an
applicant to terminate participation upon providing written notification
to the department. Upon receipt of notice of termination from the
applicant, the department shall refund any remaining deposit balance,
after incurred costs are deducted, within sixty days.

12. Nothing in sections 260.565 to 260.575 shall limit the department's
or the commission's authority to administer sections 260.350 to 260.480
or any rules promulgated thereunder.

13. The applicant may appeal any action of the department under sections
260.565 to 260.575 to the hazardous waste management commission within
thirty days of such action. (L. 1993 S.B. 80, et al.)

1. The department shall be reimbursed for its site-specific
costs incurred in administration and oversight of the voluntary cleanup.
The department shall bill applicants who conduct the voluntary cleanup at
rates established by rule by the hazardous waste management commission.
Such rates shall not be more than the lesser of the costs to the
department or one hundred dollars per hour. The department shall furnish
to the applicant a complete, full and detailed accounting of the costs
incurred by the department for which the applicant is charged. The
applicant may appeal any charge to the commission within thirty days of
receipt of the bill. Appeal to the commission shall stay the required
payment date until thirty days following the rendering of the decision of
the commission. The department of natural resources shall initially draw
down its charges against the application fee. Timely remittance of
reimbursements, as provided in subsection 3 of this section, to the
department is a condition of continuing participation. If, after the
conclusion of the remedial action, a balance remains, the department
shall refund that amount within sixty days. If the department fails to
render any decision or take any action within the time period specified
in sections 260.565 to 260.575, then the applicant shall not be required
to reimburse the department for costs incurred for such review or action.

2. All funds remitted by the applicant conducting the voluntary cleanup
shall be deposited into the hazardous waste fund created in section
260.391 and shall be used by the department upon appropriation for its
administrative and oversight costs.

3. The department may terminate an applicant from further participation
for cause. Grounds for termination include, but are not limited to:

(1) Discovery of conditions such as to warrant action pursuant to
sections 260.350 to 260.480, as amended, the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6901 et seq., as amended, or the
Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. Section 9601 et seq., as amended;

(2) Failure to submit cost reimbursements within sixty days following
notice from the department that such reimbursements are due;

(3) Failure to submit required information within ninety days following
notice from the department that such information is required;

(4) Failure to submit a remedial action plan within ninety days following
notice from the department that such plan is due;

(5) Failure to properly implement the remedial action plan; and

(6) Continuing noncompliance with any of the provisions of sections
260.565 to 260.575 or the rules and regulations promulgated pursuant to
sections 260.565 to 260.575.

4. Upon termination pursuant to subdivision (1) of subsection 3 of this
section or subsection 11 of section 260.567, if there is a balance in the
applicant's application fee after deducting costs incurred by the
department of natural resources, such balance shall be refunded within
sixty days. Upon termination pursuant to subdivisions (2) to (6) of
subsection 3 of this section, if a balance remains in the applicant's
application fee, such balance shall be forfeited and deposited in the
hazardous waste fund. (L. 1993 S.B. 80, et al., A.L. 2000 S.B. 577, A.L.
2005 S.B. 225)

The hazardous waste management commission may promulgate rules
to implement sections 260.565 to 260.575. Such rules and regulations may
include, but are not limited to, cleanup protocols, cleanup standards,
and cost administration. (L. 1993 S.B. 80, et al.)

If the provisions set forth in sections 260.565 to 260.575 and
any rules promulgated thereunder are met, and the applicant has remitted
all applicable participation fees, the department shall issue, to the
applicant, a letter stating that no further action need be taken at the
site related to any contamination identified in the environmental
assessments and for which remedial action has been taken in accordance
with the approved remedial action plan. Such letter, however, shall
provide that the department of natural resources may require the person
to conduct additional environmental site assessments or remedial actions
in the event that any monitoring conducted at or near the real property
or other circumstances indicate that additional contamination is present
which was not identified by the environmental site assessments or for
which remedial action was not taken according to the remedial action
plan. (L. 1993 S.B. 80, et al.)

Any person who knowingly submits false or fraudulent information
to the department in connection with a voluntary cleanup shall be guilty
of a class A misdemeanor. (L. 1993 S.B. 80, et al.)

Area revitalization authorities in any first class county with a
charter form of government, adjoining a city not within a county, are
authorized to temporarily hold title to property within any area
designated for cleanup by the department of natural resources pursuant to
this chapter or by any federal agency under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980. The
authority shall transfer all rights, title and interests in all
properties to the department of natural resources as soon as all owners
of such property interests in the designated area have entered into
legally binding agreements to convey those interests. The authority
shall, within sixty days of such transfer of title, wind up its affairs
and voluntarily dissolve in accordance with the provisions of chapter
355, RSMo. (L. 1983 H.B. 528 § 3)

Effective 6-27-83

The articles of incorporation shall set forth:

(1) The names and residences of the applicants together with a recital
that each of them is an elector of and taxpayer in the county or
municipality;

(2) The name of the corporation, which shall be "The Area Revitalization
Authority of the ........ of ........" (the blank spaces to be filled in
with the name of the county or municipality, including the proper
designation thereof as county, city, town or village) if such name shall
be available for use by (which shall be in the county);

(3) The purpose for which the corporation is proposed to be organized;

(4) The number of directors of the corporation;

(5) The period, if any, for the duration of the corporation;

(6) Any other matter which the applicants may choose to insert therein
which shall not be inconsistent with this act* or with the laws of the
state of Missouri. The articles of incorporation shall be subscribed and
acknowledged by each of the applicants before an officer authorized by
the laws of Missouri to take acknowledgment to deeds. (L. 1983 H.B. 528 §
4)

Effective 6-27-83

*"This act" (H.B. 528, 1983) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

When executed and acknowledged in conformity with section
260.602, the articles of incorporation shall be filed with the secretary
of state. The secretary of state shall examine the articles of
incorporation and, if he finds that the recitals contained therein are
correct, that the requirements of section 260.602 have been complied
with, and that the name is not identical with or so nearly similar to
that of another corporation already in existence in this state as to lead
to confusion and uncertainty, he shall approve the articles of
incorporation, issue a certificate of incorporation and record the same
in an appropriate book or record in his office. When such articles have
been so approved, the certificate of incorporation issued and the same
filed, the applicants shall constitute a public corporation under the
name set out in the articles of incorporation. (L. 1983 H.B. 528 § 5)

Effective 6-27-83

The corporation shall have a board of directors in which all the
powers of the corporation shall be vested and which shall consist of any
number of directors, not less than three, all of whom shall be duly
qualified electors of and taxpayers in the county or municipality. The
directors shall serve as such without compensation. The directors shall
be elected by the governing body of the county or municipality, and each
director shall continue to hold office until his successor is elected.
(L. 1983 H.B. 528 § 6)

Effective 6-27-83

The corporation is hereby granted all powers necessary or
appropriate to carry out and effectuate its purposes under sections
260.600 to 260.607, including but not limited to the following:

(1) To adopt bylaws and rules for the regulation of its affairs and the
conduct of its business;

(2) To adopt an official seal;

(3) To sue and be sued;

(4) To make and execute leases, contracts, releases, compromises and
other instruments necessary or convenient to carry out its purposes;

(5) To acquire, whether by purchase, exchange or gift, real properties
located within any area designated for cleanup under this act*;

(6) To convey real properties whenever the board of directors finds that
it has acquired all rights, title and interests in all properties within
the area designated for cleanup;

(7) To employ and pay compensation to such employees and agents,
including attorneys, and others, as the board of directors shall deem
necessary to further the purposes of sections 260.600 to 260.607. (L.
1983 H.B. 528 § 7)

Effective 6-27-83

*"This act" (H.B. 528, 1983) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

The state of Missouri, its employees or the revitalization
authority shall not be held liable for any injury caused by a dangerous
condition at any abandoned or uncontrolled site as a result of the
actions taken on behalf of the state or the revitalization agency under
sections 260.600 to 260.607. (L. 1983 H.B. 528 § 8)

Effective 6-27-83

The "Midwest Interstate Low-Level Radioactive Waste Compact" is
hereby enacted into law and entered into by this state with all other
states legally joining therein in the form substantially as follows:

THE MIDWEST INTERSTATE

LOW-LEVEL RADIOACTIVE WASTE COMPACT

ARTICLE I. POLICY AND PURPOSE

There is created the "Midwest Interstate Low-Level Radioactive Waste
Compact".

The states party to this compact recognize that the Congress of the
United States, by enacting the Low-Level Radioactive Waste Policy Act, as
amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985,
42 U.S.C. 2021b to j, has provided for and encouraged the development of
low-level radioactive waste compacts as a tool for disposing of such
waste. The party states acknowledge that the Congress declared that each
state is responsible for providing for the availability of capacity
either within or outside the state for the disposal of low-level
radioactive waste generated within its borders, except for waste
generated as a result of certain defense activities of the federal
government or federal research and development activities. The party
states also recognize that the disposal of low-level radioactive waste is
handled most efficiently on a regional basis; and, that the safe and
efficient management of low-level radioactive waste generated within the
region requires that sufficient capacity to dispose of such waste be
properly provided.

a. It is the policy of the party states to enter into a regional
low-level radioactive waste disposal compact for the purpose of:

1. Providing the instrument and framework for a cooperative effort;

2. Providing sufficient facilities for the proper disposal of low-level
radioactive waste generated in the region;

3. Protecting the health and safety of the citizens of the region;

4. Limiting the number of facilities required to effectively and
efficiently dispose of low-level radioactive waste generated in the
region;

5. Encouraging source reduction and the environmentally sound treatment
of waste that is generated to minimize the amount of waste to be disposed
of;

6. Ensuring that the costs, expenses, liabilities, and obligations of
low-level radioactive waste disposal are paid by generators and other
persons who use compact facilities to dispose of their waste;

7. Ensuring that the obligations of low-level radioactive waste disposal
that are the responsibility of the party states are shared equitably
among them;

8. Ensuring that the party states that comply with the terms of this
compact and fulfill their obligations under it share equitably in the
benefits of the successful disposal of low-level radioactive waste; and

9. Ensuring the environmentally sound, economical, and secure disposal of
low-level radioactive wastes.

b. Implicit in the congressional consent to this compact is the
expectation by the Congress and the party states that the appropriate
federal agencies will actively assist the compact commission and the
individual party states to this compact by:

1. Expeditious enforcement of federal rules, regulations and laws;

2. Imposition of sanctions against those found to be in violation of
federal rules, regulations and laws; and

3. Timely inspection of their licensees to determine their compliance
with these rules, regulations and laws.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a different
construction:

a. "Care" means the continued observation of a facility after closing for
the purposes of detecting a need for maintenance, ensuring environmental
safety, and determining compliance with applicable licensure and
regulatory requirements and including the correction of problems which
are detected as a result of that observation.

b. "Close", "Closed", or "Closing" means that the compact facility with
respect to which any of those terms is used has ceased to accept waste
for disposal. "Permanently closed" means that the compact facility with
respect to which the term is used has ceased to accept waste because it
has operated for twenty years or a longer period of time as authorized by
Article VI.i. of this compact, its capacity has been reached, the
commission has authorized it to close pursuant to Article III.h.7. of
this compact, the host state of such facility has withdrawn from the
compact or had its membership revoked, or this compact has been dissolved.

c. "Commission" means the Midwest Interstate Low-Level Radioactive Waste
Commission.

d. "Compact facility" means a waste disposal facility that is located
within the region and that is established by a party state pursuant to
the designation of that state as a host state by the commission.

e. "Development" includes the characterization of potential sites for a
waste disposal facility, siting of such a facility, licensing of such a
facility, and other actions taken by a host state prior to the
commencement of construction of such a facility to fulfill its
obligations as a host state.

f. "Disposal", with regard to low-level radioactive waste, means the
permanent isolation of that waste in accordance with the requirements
established by the United States Nuclear Regulatory Commission or the
licensing agreement state.

g. "Disposal plan" means the plan adopted by the commission for the
disposal of waste within the region.

h. "Facility" means a parcel of land or site, together with the
structures, equipment and improvements on or appurtenant to the land or
site, which is or has been used for the disposal of low-level radioactive
waste, which is being developed for that purpose, or upon which the
construction of improvements or installation of equipment is occurring
for that purpose.

i. "Final decision" means a final action of the commission determining
the legal rights, duties or privileges of any person. "Final decision"
does not include preliminary, procedural or intermediate actions by the
commission, actions regulating the internal administration of the
commission, or actions of the commission to enter into or refrain from
entering into contracts or agreements with vendors to provide goods or
services to the commission.

j. "Generator" means a person who first produces low-level radioactive
waste, including, without limitation, any person who does so in the
course of or incident to manufacturing, power generation, processing,
waste treatment, waste storage, medical diagnosis and treatment,
research, or other industrial or commercial activity. If the person who
first produced an item or quantity of waste cannot be identified,
"generator" means the person first possessing the waste who can be
identified.

k. "Host state" means any state which is designated by the commission to
host a compact facility or has hosted a compact facility.

l. "Long-term care" means those activities taken by a host state after a
compact facility is permanently closed to ensure the protection of air,
land and water resources and the health and safety of all people who may
be affected by the facility.

m. "Low-level radioactive waste" or "waste" means radioactive waste that
is not classified as high-level radioactive waste and that is class A, B,
or C low-level radioactive waste as defined in 10 CFR 61.55, as that
section existed on January 26, 1983. "Low-level radioactive waste" or
"waste" does not include any such radioactive waste that is owned or
generated by the United States Department of Energy; by the United States
Navy as a result of the decommissioning of its vessels, or as a result of
any research, development, testing or production of any atomic weapon.

n. "Operates", "operational", or "operating" means that the compact
facility with respect to which any of those terms is used accepts waste
for disposal.

o. "Party state" means any eligible state that enacts this compact into
law, pays any eligibility fee established by the commission, and has not
withdrawn from this compact or had its membership in this compact
revoked, provided that a state that has withdrawn from this compact or
had its membership revoked again becomes a party state if it is
readmitted to membership in this compact pursuant to Article VIII.a. of
this compact. "Party state" includes any host state. "Party state" also
includes any statutorily created administrative departments, agencies or
instrumentalities of a party state, but does not include municipal
corporations, regional or local units of government or other political
subdivisions of a party state that are responsible for governmental
activities on less than a statewide basis.

p. "Person" means any individual, corporation, association, business
enterprise or other legal entity either public or private and any legal
successor, representative, agent or agency of that individual,
corporation, association, business enterprise, or other legal entity.
"Person" also includes the United States, states, political subdivisions
of states, and any department, agency or instrumentality of the United
States or a state.

q. "Region" means the area of the party states.

r. "Site" means the geographic location of a facility.

s. "State" means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands or any other
territorial possession of the United States.

t. "Storage" means the temporary holding of waste.

u. "Treatment" means any method, technique or process, including storage
for radioactive decay, designed to change the physical, chemical or
biological characteristics or composition of any waste in order to render
the waste safer for transport or management, amenable to recovery,
convertible to another usable material or reduced in volume.

v. "Waste management", "manage waste", "management of waste",
"management", or "managed" means the storage, treatment, or disposal of
waste.

ARTICLE III. THE COMMISSION

a. There is created the "Midwest Interstate Low-Level Radioactive Waste
Commission". The commission consists of one voting member from each party
state. The governor of each party state shall notify the commission in
writing of its member and any alternates. An alternate may act on behalf
of the member only in that member's absence. The method for selection and
the expenses of each commission member shall be the responsibility of the
member's respective state.

b. Each commission member is entitled to one vote. Except as otherwise
specifically provided in this compact, an action of the commission is
binding if a majority of the total membership casts its vote in the
affirmative. A party state may direct its member or alternate member of
the commission how to vote or not vote on matters before the commission.

c. The commission shall elect annually from among its members a
chairperson. The commission shall adopt and publish, in convenient form,
bylaws, and policies which are not inconsistent with this compact,
including procedures for the use of binding arbitration under Article
VI.o. of this compact and procedures which substantially conform with the
provisions of the Federal Administrative Procedure Act (5 U.S.C. sections
500 to 559) in regard to notice, conduct and recording of meetings;
access by the public to records; provision of information to the public;
conduct of adjudicatory hearings; and issuance of decisions.

d. The commission shall meet at least once annually and shall also meet
upon the call of the chairperson or any other commission member.

e. All meetings of the commission shall be open to the public with
reasonable advance notice. The commission may, by majority vote, close a
meeting to the public for the purpose of considering sensitive personnel
or legal strategy matters. However, all commission actions and decisions
shall be made in open meetings and appropriately recorded.

f. The commission may establish advisory committees for the purpose of
advising the commission on any matters pertaining to waste management.

g. The office of the commission shall be in a party state. The commission
may appoint or contract for and compensate such limited staff necessary
to carry out its duties and functions. The staff shall have the
responsibilities and authority delegated to it by the commission in its
bylaws. The staff shall serve at the commission's pleasure with the
exception that staff hired as the result of securing federal funds shall
be hired and governed under applicable federal statutes and regulations.
In selecting any staff, the commission shall assure that the staff has
adequate experience and formal training to carry out the functions
assigned to it by the commission.

h. The commission may do any or all of the following:

1. Appear as an intervenor or party in interest before any court of law
or any federal, state or local agency, board or commission in any matter
related to waste management. In order to represent its views, the
commission may arrange for any expert testimony, reports, evidence or
other participation.

2. Review any emergency closing of a compact facility, determine the
appropriateness of that closing, and take whatever lawful actions are
necessary to ensure that the interests of the region are protected.

3. Take any action which is appropriate and necessary to perform its
duties and functions as provided in this compact.

4. Approve the disposal of naturally occurring and accelerator produced
radioactive material at a compact facility. The commission shall not
approve the acceptance of such material without first making an explicit
determination of the effect of the new waste stream on the compact
facility's maximum capacity. Such approval requires the affirmative vote
of a majority of the commission, including the affirmative vote of the
member from the host state of the compact facility that would accept the
material for disposal. Any such host state may, at any time, rescind its
vote granting the approval and, thereafter, additional naturally
occurring and accelerator produced radioactive material shall not be
disposed of at a compact facility unless the disposal is again approved.
All provisions of this compact apply to the disposal of naturally
occurring and accelerator produced radioactive material that has been
approved for disposal at a compact waste facility pursuant to Article
III.h.4. of this compact.

5. Enter into contracts in order to perform its duties and functions as
provided in this compact.

6. When approved by the commission, with the member from each host state
in which an affected compact facility is operating or being developed or
constructed voting in the affirmative, enter into agreements to do any of
the following:

(a) Import for disposal within the region, waste generated outside the
region;

(b) Export for disposal outside the region, waste generated inside the
region;

(c) Dispose of waste generated within the region at a facility within the
region that is not a compact facility.

7. Authorize a host state to permanently close a compact facility located
within its borders earlier than otherwise would be required by Article
VI.i. of this compact. Such a closing requires the affirmative vote of a
majority of the commission, including the affirmative vote of the member
from the state in which the affected compact facility is located.

i. The commission shall do all of the following:

1. Submit an annual report to, and otherwise communicate with, the
governors and the appropriate officers of the legislative bodies of the
party states regarding the activities of the commission.

2. Adopt and amend, by a two-thirds vote of the membership, in accordance
with the procedures and criteria developed pursuant to Article IV of this
compact, a regional disposal plan which designates host states for the
establishment of needed compact facilities.

3. Adopt an annual budget.

4. Establish and implement a procedure for determining the capacity of a
compact facility. The capacity of a compact facility shall be established
as soon as reasonably practical after the host state of the facility is
designated and shall not be changed thereafter without the consent of the
host state. The capacity of a compact facility shall be based on the
projected volume, radioactive characteristics, or both, of the waste to
be disposed of at the facility during the period set forth in Article
VI.i. of this compact.

5. Provide a host state with funds necessary to pay reasonable
development expenses incurred by the host state after it is designated to
host a compact facility.

6. Establish and implement procedures for making payments from the
remedial action fund provided for in Article III.p. of this compact.

7. Establish and implement procedures to investigate any complaint joined
in by two or more party states regarding another party state's
performance of its obligations under this compact.

8. Adopt policies promoting source reduction and the environmentally
sound treatment of waste in order to minimize the amount of waste to be
disposed of at compact facilities.

9. Establish and implement procedures for obtaining information from
generators regarding the volume and characteristics of waste projected to
be disposed of at compact facilities and regarding generator activities
with respect to source reduction, recycling and treatment of waste.

10. Prepare annual reports regarding the volume and characteristics of
waste projected to be disposed of at compact facilities.

j. Funding for the commission shall be provided as follows:

1. When no compact facility is operating, the commission may assess fees
to be collected from generators of waste in the region. The fees shall be
reasonable and equitable. The commission shall establish and implement
procedures for assessing and collecting the fees. The procedures may
allow the assessing of fees against less than all generators of waste in
the region; provided that if fees are assessed against less than all
generators of waste in the region, generators paying the fees shall be
reimbursed the amount of the fees, with reasonable interest, out of the
revenues of operating compact facilities.

2. When a compact facility is operating, funding for the commission shall
be provided through a surcharge collected by the host state as part of
the fee system provided for in Article VI.j. of this compact. The
surcharge to be collected by the host state shall be determined by the
commission and shall be reasonable and equitable.

3. In the aggregate, the fees or surcharges, as the case may be, shall be
no more than is necessary to:

(a) Cover the annual budget of the commission;

(b) Provide a host state with the funds necessary to pay reasonable
development expenses incurred by the host state after it is designated to
host a compact facility;

(c) Provide moneys for deposit in the remedial action fund established
pursuant to Article III.p. of this compact; and

(d) Provide moneys to be added to an inadequately funded long-term care
fund as provided in Article VI.o. of this compact.

k. Financial statements of the commission shall be prepared according to
generally accepted accounting principles. The commission shall contract
with an independent certified public accountant to annually audit its
financial statements and to submit an audit report to the commission. The
audit report shall be made a part of the annual report of the commission
required by Article III of this compact.

l. The commission may accept for any of its purposes and functions and
may utilize and dispose of any donations, grants of money, equipment,
supplies, materials and services from any state or the United States or
any subdivision or agency thereof, or interstate agency, or from any
institution, person, firm or corporation. The nature, amount and
condition, if any, attendant upon any donation or grant accepted or
received by the commission together with the identity of the donor,
grantor or lender, shall be detailed in the annual report of the
commission.

m. The commission is a legal entity separate and distinct from the party
states. Members of the commission and its employees are not personally
liable for actions taken by them in their official capacity. The
commission is not liable or otherwise responsible for any costs, expenses
or liabilities resulting from the development, construction, operation,
regulation, closing or long-term care of any compact facility or any
noncompact facility made available to the region by any contract or
agreement entered into by the commission under Article III.h.6. of this
compact. Nothing in Article III.m. of this compact relieves the
commission of its obligations under Article III of this compact or under
contracts to which it is a party. Any liabilities of the commission are
not liabilities of the party states.

n. Final decisions of the commission shall be made, and shall be subject
to judicial review, in accordance with all of the following conditions:

1. Every final decision shall be made at an open meeting of the
commission. Before making a final decision, the commission shall provide
an opportunity for public comment on the matter to be decided. Each final
decision shall be reduced to writing and shall set forth the commission's
reasons for making the decision.

2. Before making a final decision, the commission may conduct an
adjudicatory hearing on the proposed decision.

3. Judicial review of a final decision shall be initiated by filing a
petition in the United States District Court for the district in which
the person seeking the review resides or in which the commission's office
is located not later than sixty days after issuance of the commission's
written decision. Concurrently with filing the petition for review with
the court, the petitioner shall serve a copy of the petition on the
commission. Within five days after receiving a copy of the petition, the
commission shall mail a copy of it to each party state and to all other
persons who have notified the commission of their desire to receive
copies of such petitions. Any failure of the commission to so mail copies
of the petition does not affect the jurisdiction of the reviewing court.
Except as otherwise provided in Article III.n.3. of this compact,
standing to obtain judicial review of final decisions of the commission
and the form and scope of the review are subject to and governed by 5
U.S.C.A. 706.

4. If a party state seeks judicial review of a final decision of the
commission that does any of the following, the facts shall be subject to
trial de novo by the reviewing court unless trial de novo of the facts is
affirmatively waived in writing by the party state:

(a) Imposes financial penalties on a party state;

(b) Suspends the right of a party state to have waste generated within
its borders disposed of at a compact facility or at a noncompact facility
made available to the region by an agreement entered into by the
commission under Article III.h.6. of this compact;

(c) Terminates the designation of a party state as a host state;

(d) Revokes the membership of a party state in this compact;

(e) Establishes the amounts of money that a party state that has
withdrawn from this compact or had its membership in this compact revoked
is required to pay under article VIII.e. of this compact. Any such trial
de novo of the facts shall be governed by the Federal Rules of Civil
Procedure and the Federal Rules of Evidence.

5. Preliminary, procedural or intermediate actions by the commission that
precede a final decision are subject to review only in conjunction with
review of the final decision.

6. Except as provided in Article III.n.5. of this compact, actions of the
commission that are not final decisions are not subject to judicial
review.

o. Unless approved by a majority of the commission, with the member from
each host state in which an affected compact facility is operating or is
being developed or constructed voting in the affirmative, no person shall
do any of the following:

1. Import waste generated outside the region for management within the
region;

2. Export waste generated within the region for disposal outside the
region;

3. Manage waste generated outside the region at a facility within the
region;

4. Dispose of waste generated within the region at a facility within the
region that is not a compact facility.

p. The commission shall establish a remedial action fund to pay the costs
of reasonable remedial actions taken by a party state if an event results
from the development, construction, operation, closing or long-term care
of a compact facility that poses a threat to human health, safety or
welfare or to the environment. The amount of the remedial action fund
shall be adequate to pay the costs of all reasonably foreseeable remedial
actions. A party state shall notify the commission as soon as reasonably
practical after the occurrence of any event that may require the party
state to take a remedial action. The failure of a party state to so
notify the commission does not limit the rights of the party state under
Article III.p. of this compact. If the moneys in the remedial action fund
are inadequate to pay the costs of reasonable remedial actions, the
amount of the deficiency is a liability with respect to which generators
shall provide indemnification under Article VII.g. of this compact.
Generators who provide the required indemnification have the rights of
contribution provided in Article VII.g. of this compact. Article III.p.
of this compact applies to any remedial action taken by a party state
regardless of whether the party state takes the remedial action on its
own initiative or because it is required to do so by a court or
regulatory agency of competent jurisdiction.

q. If the commission makes payment from* the remedial action fund
provided for in Article III.p. of this compact, the commission is
entitled to obtain reimbursement under applicable rules of law from any
person who is responsible for the event giving rise to the remedial
action. Such reimbursement may be obtained from a party state only if the
event giving rise to the remedial action resulted from the activities of
that party state as a generator of waste.

r. If this compact is dissolved, all moneys held by the commission shall
be used first to pay for any ongoing or reasonably anticipated remedial
actions. Any remaining moneys shall be distributed in a fair and
equitable manner to those party states that have operating or closed
compact facilities within their borders and shall be added to the
long-term care funds maintained by those party states.

ARTICLE IV. REGIONAL DISPOSAL PLAN

The commission shall adopt and periodically update a regional disposal
plan designed to ensure the safe and efficient disposal of waste
generated within the region. In adopting a regional waste disposal plan,
the commission shall do all of the following:

a. Adopt procedures for determining, consistent with considerations for
public health and safety, the type and number of compact facilities which
are presently necessary and which are projected to be necessary to
dispose of waste generated within the region;

b. Develop and adopt procedures and criteria for identifying a party
state as a host state for a compact facility. In developing these
criteria, the commission shall consider all of the following:

1. The health, safety, and welfare of the citizens of the party states;

2. The existence of compact facilities within each party state;

3. The minimization of waste transportation;

4. The volumes and types of wastes generated within each party state;

5. The environmental impacts on the air, land and water resources of the
party states; and

6. The economic impacts on the party states.

c. Conduct such hearings, and obtain such reports, studies, evidence and
testimony required by its approved procedures prior to identifying a
party state as a host state for a needed compact facility;

d. Prepare a draft disposal plan and any update thereof, including
procedures, criteria and host states, which shall be made available in a
convenient form to the public for comment. Upon the request of a party
state, the commission shall conduct a public hearing in that state prior
to the adoption or update of the disposal plan. The disposal plan and any
update thereof shall include the commission's response to public and
party state comment.

ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES

a. Each party state shall act in good faith in the performance of acts
and courses of conduct which are intended to ensure the provision of
facilities for regional availability and usage in a manner consistent
with this compact.

b. Except for waste attributable to radioactive material or waste
imported into the region in order to render the material or waste
amenable to transportation, storage, disposal or recovery, or in order to
convert the waste or material to another usable material, or to reduce it
in volume or otherwise treat it, each party state has the right to have
all wastes generated within its borders disposed of at compact facilities
subject to the payment of all fees established by the host state under
Article VI.j. of this compact and to the provisions contained in Articles
VI.l., VI.s., VIII.d., IX.d. and X of this compact. All party states have
an equal right of access to any facility made available to the region by
any agreement entered into by the commission pursuant to Article III.h.6.
of this compact, subject to the provisions of Articles VI.l., VI.s.,
VIII.d. and X of this compact.

c. If a party state's right to have waste generated within its borders
disposed of at compact facilities, or at any noncompact facility made
available to the region by an agreement entered into by the commission
under Article III.h.6. of this compact, is suspended, no waste generated
within its borders by any person shall be disposed of at any such
facility during the period of the suspension.

d. To the extent permitted by federal law, each party state may enforce
any applicable federal and state laws, regulations and rules pertaining
to the packaging and transportation of waste generated within or passing
through its borders. Nothing in this section shall be construed to
require a party state to enter into any agreement with the United States
Nuclear Regulatory Commission.

e. Each party state shall provide to the commission any data and
information the commission requires to implement its responsibilities.
Each party state shall establish the capability to obtain any data and
information required by the commission.

f. If, notwithstanding the sovereign immunity provision in Article
VII.f.1. and the indemnification provided for in Articles III.p., VI.o.
and VII.g. of this compact, a party state incurs a cost as a result of an
inadequate remedial action fund of an exhausted long-term care fund, or
incurs a liability as a result of an action described in Article VII.f.1.
and not described in Article VII.f.2. of this compact, the cost or
liability shall be the pro rata obligation of each party state and each
state that has withdrawn from this compact or had its membership in this
compact revoked. The commission shall determine each state's pro rata
obligation in a fair and equitable manner based on the amount of waste
from each such state that has been or is projected to be disposed of at
the compact facility with respect to which the cost or liability to be
shared was incurred. No state shall be obligated to pay the pro rata
obligation of any other state. The pro rata obligations provided for in
Article V.f. of this compact do not result in the creation of state debt.
Rather, the pro rata obligations are contractual obligations that shall
be enforced by only the commission or an affected party state.

g. If the party states make payment pursuant to Article V.f. of this
compact, the surcharge or fee provided for in Article III.j. of this
compact shall be used to collect the funds necessary to reimburse the
party states for those payments. The commission shall determine the time
period over which reimbursement shall take place. ARTICLE VI.
DEVELOPMENT, OPERATION AND CLOSING OF COMPACT FACILITIES

a. Any party state may volunteer to become a host state, and the
commission may designate that state as a host state.

b. If not all compact facilities required by the regional disposal plan
are not developed pursuant to Article VI.a. of this compact, the
commission may designate a host state.

c. After a state is designated a host state by the commission, it is
responsible for the timely development and operation of the compact
facility it is designated to host. The development and operation of the
compact facility shall not conflict with applicable federal and host
state laws, rules and regulations, provided that the laws, rules and
regulations of a host state and its political subdivisions shall not
prevent, nor shall they be applied so as to prevent, the host state's
discharge of the obligation set forth in Article VI.c. of this compact.
The obligation set forth in Article VI.c. of this compact is contingent
upon the discharge by the commission of its obligation set forth in
Article III.i.5. of this compact.

d. If a party state designated as a host state fails to discharge the
obligations imposed upon it by Article VI.c. of this compact, its host
state designation may be terminated by a two-thirds vote of the
commission with the member from the host state of any then operating
compact facility voting in the affirmative. A party state whose host
state designation has been terminated has failed to fulfill its
obligations as a host state and is subject to the provisions of Article
VIII.d. of this compact.

e. Any party state designated as a host state may request the commission
to relieve that state of the responsibility to serve as a host state.
Except as set forth in Article IV.d. of this compact, the commission may
relieve a party state of its responsibility only upon a showing by the
requesting party state that, based upon criteria established by the
commission that are consistent with any applicable federal criteria, no
feasible potential compact facility site exists within its borders. A
party state relieved of its host state responsibility shall repay to the
commission any funds provided to that state by the commission for the
development of a compact facility, and also shall pay to the commission
the amount the commission determines is necessary to ensure that the
commission and the other party states do not incur financial loss as a
result of the state being relieved of its host state responsibility. Any
funds so paid to the commission with respect to the financial loss of the
other party states shall be distributed forthwith by the commission to
the party states that would otherwise incur the loss. In addition, until
the state relieved of its responsibility is again designated as a host
state and a compact facility located in that state begins operating, it
shall annually pay to the commission, for deposit in the remedial action
fund, an amount the commission determines is fair and equitable in light
of the fact the state has been relieved of the responsibility to host a
compact facility, but continues to enjoy the benefits of being a member
of this compact.

f. The host state shall select the technology for the compact facility.
If requested by the commission, information regarding the technology
selected by the host state shall be submitted to the commission for its
review. The commission may require the host state to make changes in the
technology selected by the host state if the commission demonstrates that
the changes do not decrease the protection of air, land and water
resources and the health and safety of all people who may be affected by
the facility. If requested by the host state, any commission decision
requiring the host state to make changes in the technology shall be
preceded by an adjudicatory hearing in which the commission shall have
the burden of proof.

g. A host state may assign to a private contractor the responsibility, in
whole or in part, to develop, construct, operate, close or provide
long-term care for a compact facility. Assignment of such responsibility
by a host state to a private contractor does not relieve the host state
of any responsibility imposed upon it by this compact. A host state may
secure indemnification from the contractor for any costs, liabilities and
expenses incurred by the host state resulting from the development,
construction, operation, closing or long-term care of a compact facility.

h. To the extent permitted by federal and state law, a host state shall
regulate and license any facility within its borders and ensure the
long-term care of that facility.

i. A host state shall accept waste for disposal for a period of twenty
years from the date the compact facility in the host state becomes
operational, or until its capacity has been reached, whichever occurs
first. At any time before the compact facility closes, the host state and
the commission may enter into an agreement to extend the period during
which the host state is required to accept such waste or to increase the
capacity of the compact facility. Except as specifically authorized by
Article VI.l.4. of this compact, the twenty-year period shall not be
extended, and the capacity of the facility shall not be increased,
without the consent of the affected host state and the commission.

j. A host state shall establish a system of fees to be collected from the
users of any compact facility within its borders. The fee system, and the
costs paid through the system, shall be reasonable and equitable. The fee
system shall be subject to the commission's approval. The fee system
shall provide the host state with sufficient revenue to pay costs
associated with the compact facility, including, but not limited to,
operation, closing, long-term care, debt service, legal costs, local
impact assistance and local financial incentives. The fee system also
shall be used to collect the surcharge provided in Article III.j.2. of
this compact. The fee system shall include incentives for source
reduction and shall be based on the hazard of the waste as well as the
volume.

k. A host state shall ensure that a compact facility located within its
borders that is permanently closed is properly cared for so as to ensure
protection of air, land and water resources and the health and safety of
all people who may be affected by the facility.

l. The development of subsequent compact facilities shall be as follows:

1. No compact facility shall begin operating until the commission
designates the host state of the next compact facility.

2. The following actions shall be taken by the state designated to host
the next compact facility within the specified number of years after the
compact facility it is intended to replace begins operation:

(a) Within three years, enact legislation providing for the development
of the next compact facility;

(b) Within seven years, initiate site characterization investigations and
tests to determine licensing suitability for the next compact facility;

(c) Within eleven years, submit a license application for the next
compact facility that the responsible licensing authority deems complete.
If a host state fails to take any of these actions within the specified
time, all waste generated by any person within that state shall be denied
access to the then operating compact facility, and to any noncompact
facility made available to the region by any agreement entered into by
the commission pursuant to Article III.h.6. of this compact, until the
action is taken. Denial of access may be rescinded by the commission,
with the member from the host state of the then operating compact
facility voting in the affirmative. A host state that fails to take any
of these actions within the specified time has failed to fulfill its
obligations as a host state and is subject to the provisions of Articles
VI.d. and VIII.d. of this compact.

3. Within fourteen years after any compact facility begins operating, the
state designated to host the next compact facility shall have obtained a
license from the responsible licensing authority to construct and operate
the compact facility the state has been designated to host. If the
license is not obtained within the specified time, all waste generated by
any person within the state designated to host the next compact facility
shall be denied access to the then operating compact facility, and to any
noncompact facility made available to the region by any agreement entered
into by the commission pursuant to Article III.h.6. of this compact,
until the license is obtained. The state designated to host the next
compact facility shall have failed in its obligations as a host state and
shall be subject to Articles VI.d. and VIII.d. of this compact. In
addition, at the sole option of the host state of the then operating
compact facility, all waste generated by any person within any party
state that has not fully discharged its obligations under Article VI.i.
of this compact shall be denied access to the then operating compact
facility, and to any noncompact facility made available to the region by
any agreement entered into by the commission pursuant to Article III.h.6.
of this compact, until the license is obtained. Denial of access may be
rescinded by the commission, with the member from the host state of the
then operating compact facility voting in the affirmative.

4. If twenty years after a compact facility begins operating, the next
compact facility is not ready to begin operating, the state designated to
host the next compact facility shall have failed in its obligation as a
host state and shall be subject to Articles VI.d. and VIII.d. of this
compact. If at the time the capacity of the then operating compact
facility has been reached, or twenty years after the facility began
operating, whichever occurs first, the next compact facility is not ready
to begin operating, the host state of the then operating compact
facility, without the consent of any other party state or the commission,
may continue to operate the facility until a compact facility in the next
host state is ready to begin operating. During any such period of
continued operation of a compact facility, all waste generated by any
person within the state designated to host the next compact facility
shall be denied access to the then operating compact facility and to any
noncompact facility made available to the region by any agreement entered
into by the commission pursuant to Article III.h.6. of this compact. In
addition, during such period, at the sole option of the host state of the
then operating compact facility, all waste generated by any person within
any party state that has not fully discharged its obligations under
Article VI.i. of this compact shall be denied access to the then
operating compact facility and to any noncompact facility made available
to the region by any agreement entered into by the commission pursuant to
Article III.h.6. of this compact. Denial of access may be rescinded by
the commission, with the member from the host state of the then operating
compact facility voting in the affirmative. The provisions of Article
VI.l.4. of this compact shall not apply if their application is
inconsistent with an agreement between the host state of the then
operating compact facility and the commission as authorized in Article
VI.i. of this compact, or inconsistent with Article VI.p. or q. of this
compact.

5. During any period that access is denied for waste disposal pursuant to
Article VI.l.2.3. or 4. of this compact, the party state designated to
host the next compact disposal facility shall pay to the host state of
the then operating compact facility an amount the commission determines
is reasonably necessary to ensure that the host state, or any agency or
political subdivision thereof, does not incur financial loss as a result
of the denial of access.

6. The commission may modify any of the requirements contained in
Articles VI.l.2. and 3. of this compact if it finds that circumstances
have changed so that the requirements are unworkable or unnecessarily
rigid or no longer serve to ensure the timely development of a compact
facility. The commission may adopt such a finding by a two-thirds vote,
with the member from the host state of the then operating compact
facility voting in the affirmative.

m. This compact shall not prevent an emergency closing of a compact
facility by a host state to protect air, land and water resources and the
health and safety of all people who may be affected by the facility. A
host state that has an emergency closing of a compact facility shall
notify the commission in writing within three working days of its action
and shall, within thirty working days of its action, demonstrate
justification for the closing.

n. A party state that has fully discharged its obligations under Article
VI.i. of this compact shall not again be designated a host state of a
compact facility without its consent until each party state has been
designated to host a compact facility and has fully discharged its
obligations under Article VI.i. of this compact or has been relieved
under Article VI.e. of this compact of its responsibility to serve as a
host state.

o. Each host state of a compact facility shall establish a long-term care
fund to pay for monitoring, security, maintenance and repair of the
facility after it is permanently closed. The expenses of administering
the long-term care fund shall be paid out of the fund. The fee system
established by the host state that establishes a long-term care fund
shall be used to collect moneys in amounts that are adequate to pay for
all long- term care of the compact facility. The moneys shall be
deposited into the long-term care fund. Except where the matter is
resolved through arbitration, the amount to be collected through the fee
system for deposit into the fund shall be determined through an agreement
between the commission and the host state establishing the fund. Not less
than three years, nor more than five years, before the compact facility
it is designated to host is scheduled to begin operating, the host state
shall propose to the commission the amount to be collected through the
fee system for deposit into the fund. If, one hundred eighty days after
such proposal is made to the commission, the host state and the
commission have not agreed, either the commission or the host state may
require the matter to be decided through binding arbitration. The method
of administration of the fund shall be determined by the host state
establishing the long-term care fund, provided that moneys in the fund
shall be used only for the purposes set forth in Article VI.o. of this
compact and shall be invested in accordance with the standards applicable
to trustees under the laws of the host state establishing the fund. If,
after a compact facility is closed, the commission determines the
long-term care fund established with respect to that facility is not
adequate to pay for all long-term care for that facility, the commission
shall collect and pay over to the host state of the closed facility, for
deposit into the long-term care fund, an amount determined by the
commission to be necessary to make the amount in the fund adequate to pay
for all long-term care of the facility. If a long-term care fund is
exhausted and long-term care expenses for the facility with respect to
which the fund was created have been reasonably incurred by the host
state of the facility, those expenses are a liability with respect to
which generators shall provide indemnification as provided in Article
VII.g. of this compact. Generators that provide indemnification shall
have contribution rights as provided in Article VII.g. of this compact.

p. A host state that withdraws from the compact or has its membership
revoked shall immediately and permanently close any compact facility
located within its borders, except that the commission and a host state
may enter into an agreement under which the host state may continue to
operate, as a noncompact facility, a facility within its borders that,
before the host state withdrew or had its membership revoked, was a
compact facility.

q. If this compact is dissolved, the host state of any then operating
compact facility shall immediately and permanently close the facility,
provided that a host state may continue to operate a compact facility or
resume operating a previously closed compact facility, as a noncompact
facility, subject to all of the following requirements:

1. The host state shall pay to the other party states the portion of the
funds provided to that state by the commission for the development,
construction, operation, closing or long-term care of a compact facility
that is fair and equitable, taking into consideration the period of time
the compact facility located in that state was in operation and the
amount of waste disposed of at the facility, provided that a host state
that has fully discharged its obligations under Article VI.i. of this
compact shall not be required to make such payment;

2. The host state shall physically segregate waste disposed of at the
facility after this compact is dissolved from waste disposed of at the
facility before this compact is dissolved;

3. The host state shall indemnify and hold harmless the other party
states from all costs, liabilities and expenses, including reasonable
attorneys' fees and expenses, caused by operating the facility after this
compact is dissolved, provided that this indemnification and hold
harmless obligation shall not apply to costs, liabilities and expenses
resulting from the activities of a host state as a generator of waste;

4. Moneys in the long-term care fund established by the host state that
are attributable to the operation of the facility before this compact is
dissolved, and investment earnings thereon, shall be used only to pay the
cost of monitoring, securing, maintaining or repairing that portion of
the facility used for the disposal of waste before this compact is
dissolved. Such moneys and investment earnings, and any moneys added to
the long-term care fund through a distribution authorized by Article
III.r. of this compact, also may be used to pay the cost of any remedial
action made necessary by an event resulting from the disposal of waste at
the facility before this compact is dissolved.

r. Financial statements of a compact facility shall be prepared according
to generally accepted accounting principles. The commission may require
the financial statements to be audited on an annual basis by a firm of
certified public accountants selected and paid by the commission.

s. Waste may be accepted for disposal at a compact facility only if the
generator of the waste has signed, and there is on file with the
commission, an agreement to provide indemnification to a party state, or
employee of that state, for all of the following:

1. Any cost of a remedial action described in Article III.p. of this
compact that, due to inadequacy of the remedial action fund, is not paid
as set forth in that provision;

2. Any expense for long-term care described in Article VI.o. of this
compact that, due to exhaustion of the long-term care fund, is not paid
as set forth in that provision;

3. Any liability for damages to persons, property or the environment
incurred by a party state, or employee of that state while acting within
the scope of employment, resulting from the development, construction,
operation, regulation, closing or long-term of a compact facility, or any
noncompact facility made available to the region by any agreement entered
into by the commission pursuant to Article III.h.6. of this compact, or
any other matter arising from this compact. The agreement also shall
require generators to indemnify the party state or employee against all
reasonable attorneys' fees and expenses incurred in defending any action
for such damages. This indemnification shall not extend to liability
based on any of the following:

(a) The activities of the party states as generators of waste;

(b) The obligations of the party states to each other and the commission
imposed by this compact or other contracts related to the disposal of
waste under this compact;

(c) Activities of a host state or employees thereof that are grossly
negligent or willful and wanton. The agreement shall provide that the
indemnification obligation of generators shall be joint and several,
except that the indemnification obligation of the party states with
respect to their activities as generators of waste shall not be joint and
several, but instead shall be prorated according to the amount of waste
that each state had disposed of at the compact facility giving rise to
the liability. Such proration shall be calculated as of the date of the
event giving rise to the liability. The agreement shall be in a form
approved by the commission with the member from the host state of any
then operating compact facility voting in the affirmative. Among
generators there shall be rights of contribution based on equitable
principles, and generators shall have rights of contribution against any
other person responsible for such damages under common law, statute, rule
or regulation, provided that a party state that through its own
activities did not generate any waste disposed of at the compact facility
giving rise to the liability, an employee of such a party state, and the
commission shall have no such contribution obligation. The commission may
waive the requirement that the party state sign and file such an
indemnification agreement as a condition to being able to dispose of
waste generated as a result of the party state's activities. Such a
waiver shall not relieve a party state of the indemnification obligation
imposed by Article VII.g. of this compact.

ARTICLE VII. OTHER LAWS AND REGULATIONS

a. Nothing in this compact:

1. Abrogates or limits the applicability of any act of the Congress or
diminishes or otherwise impairs the jurisdiction of any federal agency
expressly conferred thereon by the Congress;

2. Prevents the enforcement of any other law of a party state which is
not in