Title XVI — CONSERVATION, RESOURCES AND DEVELOPMENT

260.435. Definitions, sections 260.435 to 260.480 — definition of hazardous waste not to include certain materials. — 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"…

260.437. Rules and regulations, authority. — 1. 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 260.482. 2. E…

260.440. Registry of abandoned or uncontrolled hazardous waste sites, contents — investigation — department's powers and duties. — 1. The department shall maintain and make available for public inspection a registry of confirmed abandoned or uncontrolled hazardous waste disposal …

260.445. Abandoned and uncontrolled sites, annual report, content — sent to whom. — 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 …

260.450. Priority of sites, listed in registry, determined by investigation — factors to be considered. — 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 ea…

260.455. Registry, proposed site addition, procedure, notice. — 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 t…

260.460. Listing or proposed listing of site in registry, procedure to remove. — 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 th…

260.465. Change of use or transfer of site property — notice to buyer — appeal — violations, penalty. — 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 p…

260.470. Recording of sites, placed on or removed from registry — removal procedure. — 1. 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 …

260.475. Fees to be paid by hazardous waste generators — exceptions — deposit of moneys — violations, penalty — deposit — fee requirement, expiration — fee structure review. — 1. Every hazardous waste generator located in Missouri shall pay, in addition to the fees imposed in sec…

260.480. Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund. — 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 pu…

260.482. Incineration of certain material by Department of Defense, limitation. — 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…

260.500. Definitions. — 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 hazar…

260.505. Hazardous substance emergency response plan to be developed by department director — contents of plan. — 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", …

260.510. Hazardous substances, director's powers and duties. — 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 s…

260.515. Actions to abate, control or clean up not construed as admission of liability. — 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 haza…

260.520. Rules and regulations, limitation — procedure. — 1. The director may adopt, amend, promulgate or repeal, after due notice and hearing, rules and regulations to implement sections 260.500 to 260.552 pursuant to this section and chapter 536. No rule or portion of a rule pr…

260.525. Investigation, no person to refuse entry — search warrant to be issued. — 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 c…

260.530. Cleanup costs, liability — failure to comply, damages, exceptions — records of expense to be kept. — 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 resu…

260.535. Hazardous waste fund, deposits to — purpose for use. — 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 fun…

260.540. State employees acting in official capacity, liability. — 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 pr…

260.545. Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when. — Any person who provides assistance, including equipment or materials, at the request of the department or a political subdivision or…

260.546. Emergency assistance — cost, how paid — cost statement, contents — payment, when — amount, appeal procedure — state fund to pay cost but repayment required. — 1. In the event that a hazardous substance release occurs for which a political subdivision or volunteer fire pr…

260.550. Information to be available to public, exceptions. — 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 pu…

260.552. Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions — waste cleanup of environmental hazard defined. — 1. No person engaged in the business of waste cleanup of environmental hazards created by others, including asbestos, …

260.558. Radioactive waste investigation fund created, purpose, use of moneys — limitation on transfers. — 1. There is hereby created in the state treasury the "Radioactive Waste Investigation Fund". The state treasurer shall be custodian of the fund. In accordance with sections …

260.565. Definitions. — 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, pet…

260.567. Application for voluntary remediation, requirements, form, fee — review by department — duties of applicant, reports — remedial action plan, review of — duties. — 1. Any person, including but not limited to a person acquiring, disposing of or possessing a lienholder inte…

260.569. Reimbursement for costs to department, computation — deposit of funds — termination from participation by department, when — refund of balance, when. — 1. The department shall be reimbursed for its site-specific costs incurred in administration and oversight of the volun…

260.571. Hazardous waste management commission may promulgate rules, scope. — 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 standa…

260.573. Completion of plan, department to issue letter, contents — effect. — 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 …

[Repealed or reserved.]

260.600. Area revitalization authorities to hold title in cleanup areas — transfer of title to department, when — dissolution of authority (certain first class counties, charter form). — Area revitalization authorities in any first class county with a charter form of government, …

260.602. Authorities' articles of incorporation, content. — 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 cor…

260.603. Articles filed where — secretary of state, duties. — 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…

260.605. Board of directors, number, qualifications, election, term. — 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 qua…

260.607. Powers and duties of board. — 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…

260.609. Authority, state and state employees no liability, when. — 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 …

260.700. Membership authorized — compact — purposes. — 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…

260.705. Definitions. — Unless the context clearly requires otherwise, the following words and phrases mean: (1) "Care", the continued observation of a facility after closure for the purposes of detecting a need for maintenance, insuring environmental safety, and determining comp…

260.710. Extended care and long-term liability account established, purposes — if Missouri designated a host state, duties. — 1. There is hereby created within the state treasury an "Extended Care and Long-term Liability Account". In the event that Missouri is designated a host s…

260.715. Operators of regional disposal facilities to purchase maximum insurance — insurance to be used, how. — The operator of a regional disposal facility shall purchase the maximum amount of commercially available third-party nuclear liability insurance, pay the necessary peri…

260.720. Compact commissioner and alternate, appointment, compensation, when, expenses, duties. — 1. The governor shall appoint one member and one alternate member to represent Missouri's interests on the midwest low-level radioactive waste compact commission. Such appointment sh…

260.730. Tax levy authorized for counties containing regional disposal facilities. — Any county within the state of Missouri in which a low-level radioactive waste regional disposal facility is located is hereby authorized to levy and collect an annual tax of not more than three …

260.735. Designation as host state, governor's duty — approval by general assembly required, exception. — 1. In the event Missouri is designated by the commission to be a host state for a regional low-level radioactive waste disposal facility, the director of the department of na…

260.750. Environmental radiation monitoring program and fund established — purposes. — 1. The department of natural resources shall develop an environmental radiation monitoring program for the purpose of monitoring radioactivity in air, water, soil, plant and animal life as nece…

260.800. Definitions. — As used in sections 260.800 to 260.815, the following terms shall mean: (1) "Governing body", any city, municipality, county or combination thereof, or an authority or agency created by intergovernmental compact; (2) "Solid waste", garbage, refuse and othe…

260.805. Electric suppliers to purchase electricity generated, rate allowable. — When any portion of a waste to energy facility is owned, operated or leased by a governing body, the electrical supplier serving the area shall be required to enter into long-term contracts to purcha…

260.810. Extraordinary costs and interconnection charges paid by governing body. — The governing body shall pay to the regulated electrical corporation those extraordinary costs directly applicable to receipt of the electricity. All charges for interconnection shall be no greater…

260.815. Loss of revenue, rate case before public service commission allowable. — The public service commission may consider any loss of revenue that may occur due to sections 260.800 to 260.815 and allow the electrical utility company to recover the same in a rate case before th…