Missouri Revised Statutes
Chapter 260
Environmental Control
←260.900
Section 260.905.1
260.910→
August 28, 2015
Hazardous waste management commission to promulgate rules for dry-cleaning facility environmental remediation.
260.905. 1. The commission shall promulgate and adopt such initial rules
and regulations, effective no later than July 1, 2007, as shall be necessary
to carry out the purposes and provisions of sections 260.900 to 260.960.
Prior to the promulgation of such rules, the commission shall meet with
representatives of the dry-cleaning industry and other interested parties.
The commission, thereafter, shall promulgate and adopt additional rules and
regulations or change existing rules and regulations when necessary to carry
out the purposes and provisions of sections 260.900 to 260.960.
2. Any rule or regulation adopted pursuant to sections 260.900 to 260.960
shall be reasonably necessary to protect human health, to preserve, protect
and maintain the water and other natural resources of this state and to
provide for prompt corrective action of releases from dry-cleaning facilities.
Consistent with these purposes, the commission shall adopt rules and
regulations, effective no later than July 1, 2007:
(1) Establishing requirements that owners who close dry-cleaning
facilities remove dry-cleaning solvents and wastes from such facilities in
order to prevent any future releases;
(2) Establishing criteria to prioritize the expenditure of funds from
the dry-cleaning environmental response trust fund. The criteria shall
include consideration of:
(a) The benefit to be derived from corrective action compared to the
cost of conducting such corrective action;
(b) The degree to which human health and the environment are actually
affected by exposure to contamination;
(c) The present and future use of an affected aquifer or surface water;
(d) The effect that interim or immediate remedial measures will have on
future costs; and
(e) Such additional factors as the commission considers relevant;
(3) Establishing criteria under which a determination may be made by the
department of the level at which corrective action shall be deemed completed.
Criteria for determining completion of corrective action shall be based on
the factors set forth in subdivision (2) of this subsection and:
(a) Individual site characteristics including natural remediation
processes;
(b) Applicable state water quality standards;
(c) Whether deviation from state water quality standards or from
established criteria is appropriate, based on the degree to which the desired
remediation level is achievable and may be reasonably and cost effectively
implemented, subject to the limitation that where a state water quality
standard is applicable, a deviation may not result in the application of
standards more stringent than that standard; and
(d) Such additional factors as the commission considers relevant.
(L. 2000 S.B. 577, A.L. 2005 S.B. 170 merged with S.B. 225)
Effective 7-06-05 (S.B. 170)
8-28-05 (S.B. 225)
Expires 8-28-17
2000
2000
260.905. 1. The commission shall promulgate and adopt such initial
rules and regulations, effective no later than July 1, 2002, as shall be
necessary to carry out the purposes and provisions of sections 260.900 to
260.960. Prior to the promulgation of such rules, the commission shall
meet with representatives of the dry-cleaning industry and other interested
parties. The commission, thereafter, shall promulgate and adopt additional
rules and regulations or change existing rules and regulations when
necessary to carry out the purposes and provisions of sections 260.900 to
260.960.
2. Any rule or regulation adopted pursuant to sections 260.900 to
260.960 shall be reasonably necessary to protect human health, to preserve,
protect and maintain the water and other natural resources of this state
and to provide for prompt corrective action of releases from dry-cleaning
facilities. Consistent with these purposes, the commission shall adopt
rules and regulations, effective no later than July 1, 2002:
(1) Establishing requirements that owners who close dry-cleaning
facilities remove dry-cleaning solvents and wastes from such facilities in
order to prevent any future releases;
(2) Establishing criteria to prioritize the expenditure of funds from
the dry-cleaning environmental response trust fund. The criteria shall
include consideration of:
(a) The benefit to be derived from corrective action compared to the
cost of conducting such corrective action;
(b) The degree to which human health and the environment are actually
affected by exposure to contamination;
(c) The present and future use of an affected aquifer or surface
water;
(d) The effect that interim or immediate remedial measures will have
on future costs; and
(e) Such additional factors as the commission considers relevant;
(3) Establishing criteria under which a determination may be made by
the department of the level at which corrective action shall be deemed
completed. Criteria for determining completion of corrective action shall
be based on the factors set forth in subdivision (2) of this subsection
and:
(a) Individual site characteristics including natural remediation
processes;
(b) Applicable state water quality standards;
(c) Whether deviation from state water quality standards or from
established criteria is appropriate, based on the degree to which the
desired remediation level is achievable and may be reasonably and cost
effectively implemented, subject to the limitation that where a state water
quality standard is applicable, a deviation may not result in the
application of standards more stringent than that standard; and
(d) Such additional factors as the commission considers relevant.
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