Title XVI, CONSERVATION, RESOURCES AND DEVELOPMENT

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…

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 …

260.575. False information, submission of — penalty. — 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.)

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…