Title XVI — CONSERVATION, RESOURCES AND DEVELOPMENT

260.279. Preference and bonus points for contracts for the removal or clean up of waste tires, when. — In letting contracts for the performance of any job or service for the removal or clean up of scrap tires under this chapter, the department of natural resources shall, in addit…

260.280. Container defined — plastic ring or holding device must be biodegradable within two years — acceptable rings or holding device, department to furnish list — violations, penalty — effective when. — 1. As used in this section and section 260.281, the term "container" means…

260.281. Plastic, plastic bottles or rigid plastic container defined — containers, must have coded label, content, form — exempt products, rules established by department — violations, penalty. — 1. As used in this section, the following terms mean: (1) "Label", a molded imprint …

*260.283. Paper or plastic bags, customers to have option, when — political subdivisions prohibited from imposing ban, fee, or tax on. — 1. All merchants, itinerant vendors, and peddlers doing business in this state shall have the option to provide customers either a paper or a p…

*260.295. Refrigerants, use of — building codes not to prohibit if approved for use under federal law. — No building code adopted by a political subdivision shall prohibit the use of refrigerants that are approved for use under the provisions of 42 U.S.C. Section 7671k or the reg…

260.300. Regions, division of state into — procedures, purpose. — 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 bound…

260.302. County may apply for change in region, when, procedures. — 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 cou…

260.305. Creation of district, procedures — boundaries, limitations — petition to establish — district a body corporate and politic, when — election. — 1. A solid waste management district may be created and incorporated in each solid waste management region as provided in sectio…

260.310. Contractual authority, powers. — 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…

260.315. Council, selection of members, terms — meetings — powers — selection of executive board, terms. — 1. There is hereby established a solid waste management council for each solid waste management district, except for those districts which formulate an alternative managemen…

260.320. Executive board, meetings, selection of officers — powers, duties — contractual authority. — 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 c…

260.324. Grants, familial relationships not a disqualifier — voting restrictions. — 1. Any person or entity that applies for a grant under section 260.335 shall not be disqualified from receiving such grant on the basis that there exists a familial relationship between the applic…

260.325. Solid waste management plan, submitted to department, contents, procedures — approval, revision of plan — funds may be made available, purpose — audits. — 1. The executive board of each district shall submit to the department a plan which has been approved by the council…

260.330. Landfill fee, amount — solid waste management fund, created, purpose — department to enforce — transfer station, fee charged — free disposal day, notice. — 1. Except as otherwise provided in subsection 6 of this section, effective October 1, 1990, each operator of a soli…

260.335. Distribution of fund moneys, uses — grants, distribution of moneys — advisory board, solid waste, duties. — 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 envi…

260.345. Solid waste advisory board, members — qualifications — duties and powers — removal of board member for failure to attend meetings, when — report — meetings. — 1. A state "Solid Waste Advisory Board" is created within the department of natural resources. The advisory boar…

260.350. Short title. — 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)

260.352. Department of natural resources shall verify compliance with corrective action plans for hazardous waste management. — All corrective action plans approved by the department pursuant to the provisions of sections 260.350 to 260.430 shall require the department, upon noti…

260.355. Exempted wastes. — 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 …

3.090. Comparison of printed statutes with original rolls — certification — evidence of laws — publication on website. — 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 phras…

*260.365. Hazardous waste management commission created — composition, qualifications — compensation — terms — meetings, notice required, quorum. — 1. There is hereby created a hazardous waste management agency to be known as the "Hazardous Waste Management Commission of the Stat…

260.370. Duties and powers of commission — rules and regulations to be adopted, procedures — inspection fees, use of, refund, when — variances granted, when. — 1. Where proven technology is available and the economic impact is reasonable, pursuant to rules and regulations promulg…

260.371. Severability clause, exceptions. — 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 provis…

[Repealed or reserved.]

260.373. Rulemaking authority, limitations on — inconsistent rules null and void, when — rulemaking authority. — 1. After August 28, 2012, the authority of the commission to promulgate rules under sections 260.350 to 260.391 and 260.393 to 260.433 is subject to the following: (1)…

260.375. Duties of department — licenses required — permits required. — 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 con…

260.377. Inspection by department. — 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 classific…

260.380. Duties of hazardous waste generators — fees to be collected, disposition — exemptions — expiration of fees. — *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 gener…

260.385. Activities not allowed and requirements to be met by hazardous waste transporters. — 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 transp…

*260.390. Duties of hazardous waste facility owners and operators — tax to be collected, disposition — duties upon termination of use of facility — inspection fees, commercial facilities, requirements. — 1. After six months from the effective date of the standards, rules and regu…

260.391. Hazardous waste fund created — payments — subaccount created, purpose — transfer of moneys — restrictions on use of moneys — general revenue appropriation to be requested annually. — 1. There is hereby created in the state treasury a fund to be known as the "Hazardous Wa…

260.392. Definitions — fees for transport of radioactive waste — deposit of moneys, use — notice of shipments — sunset date. — 1. As used in sections 260.392 to 260.399*, the following terms mean: (1) "Cask", all the components and systems associated with the container in which s…

260.393. Technology for treatment of hazardous waste, generators to use best available, exceptions. — 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, stor…

260.394. Disposal of untreated hazardous waste, prohibited, exceptions — alternative to landfilling, best demonstrated available technology. — 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 o…

260.395. Transportation of hazardous waste, how permitted — fees, how determined — notice prior to issuance of permit — permit not required of whom — application for certification, when — permit maintained for postclosure care period — leachate collection system required — railro…

260.396. PCB, definition — facilities, regulation of — list of PCB facilities — compliance with requirements, time limitation. — 1. For the purposes of this section, "PCB" or "polychlorinated biphenyls" shall mean any chemical substance that is limited to the biphenyl molecule wh…

260.400. Procedure for conducting public hearings. — 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…

260.405. Variances granted, when. — 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 wi…

260.410. Department to enforce standards, rules and regulations — appeal authorized. — 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 sta…

260.412. Administrative penalties — not to be assessed for minor violation — conference, conciliation and persuasion — rules and regulations, payment — appeal, effect — unpaid penalty, collection — time limit — review. — 1. In addition to any other remedy provided by law, upon a …

260.415. Appeals — other remedies available, costs. — 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. All final orde…

260.420. Imminent hazard, action to be taken. — 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…

260.423. Facility ordered to accept waste, reimbursement rate disagreement, procedure. — 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 cha…

260.424. Underground injection prohibited. — Notwithstanding any other provision of the law to the contrary, underground injection of hazardous waste is prohibited unless authorized pursuant to section 577.155. ­­-------- (L. 1985 S.B. 110) Effective 6-27-85

260.425. Violations, how punished. — 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 …

260.429. No permit in non-karst area of state over groundwater divide. — 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 di…

260.430. Confidential information — illegal disclosure, penalty. — 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 avai…

260.431. Buffer zone required, commercial facility, how determined — limitations, requirements, certain facilities. — 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 incin…

260.432. Hazardous waste, collection of small quantities, department to administer — fees — department may enter into contracts for collection — disposal in landfills prohibited, when. — 1. The department of natural resources shall establish and promote a program for the collecti…

260.433. Commercial hazardous waste facilities, prohibited activities (third or fourth class counties). — 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…