Missouri Revised Statutes
Chapter 260
Environmental Control
←260.365
Section 260.370.1
260.371→
August 28, 2015
Duties and powers of commission--rules and regulations to be adopted, procedures--inspection fees, use of, refund, when--variances granted, when.
260.370. 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 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.
5. To the extent there is a conflict concerning authority for
risk-based remediation rules between this section and section 644.143 or
subdivision (8) of section 644.026, this section shall prevail.
(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, A.L.
2010 H.B. 1965)
2004
1995
2004
260.370. 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.
1995
260.370. 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.
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