Missouri Revised Statutes
Chapter 260
Environmental Control
←260.482
Section 260.500.1
260.505→
August 28, 2015
Definitions.
260.500. 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
hazardous substance;
(2) "Cleanup costs", all costs incurred by the state or any of its
political subdivisions, or their agents, or by any other person
participating with the approval of the department of natural resources in
the prevention or mitigation of damages from a hazardous substance
emergency or the cleanup of a hazardous substance involved in a hazardous
substance emergency, including a proportionate share of those costs
necessary to maintain the services authorized in sections 260.500 to
260.550;
(3) "Department", the department of natural resources;
(4) "Director", the director of the department of natural resources;
(5) "Hazardous substance", any substance or mixture of substances
that presents a danger to the public health or safety or the environment
and includes:
(a) Any hazardous waste identified or listed by the department
pursuant to sections 260.350 to 260.430;
(b) Any element, compound, mixture, solution, or substance designated
pursuant to Sections 101(14) and 102 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, and Section
302 of the Superfund Amendments and Reauthorization Act of 1986, as
amended; and
(c) Any hazardous material designated by the Secretary of the United
States Department of Transportation pursuant to the Hazardous Materials
Transportation Act;
(d) "Hazardous substances" does not include radioactive materials,
wastes, emissions or discharges that are licensed or regulated by laws of
the federal government or of this state. However, such material released
due to a transportation accident shall be considered a hazardous substance;
(6) "Hazardous substance emergency":
(a) Any release of hazardous substances in quantities equal to or in
excess of those determined pursuant to Section 101(14) or 102 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended, and Section 304 of the Superfund Amendments and
Reauthorization Act of 1986, as amended;
(b) Any release of petroleum including crude oil or any fraction
thereof, natural gas, natural gas liquids, liquefied natural gas, or
synthetic gas usable for fuel (or mixtures of natural gas and such
synthetic gas) in excess of fifty gallons for liquids or three hundred
cubic feet for gases, except that the notification and reporting of any
release of natural gas or natural gas mixtures by or from intrastate
facilities, regardless of the quantity of such release, shall be as
specified by the public service commission rather than pursuant to the
notification and reporting requirements contained in, or authorized by,
sections 260.500 to 260.550. Interstate natural gas pipeline facilities
shall report natural gas releases to the state and the National Response
Center in accordance with federal Department of Transportation regulatory
requirements;
(c) Any release of a hazardous waste which is reportable pursuant to
sections 260.350 to 260.430;
(d) Any release of a hazardous substance which requires immediate
notice pursuant to Part 171 of Title 49 of the Code of Federal Regulations;
(e) The department may promulgate rules and regulations identifying
the substances and the quantities thereof which, if released, constitute a
hazardous substance emergency;
(7) "Person", any individual, partnership, copartnership, firm,
company, public or private corporation, association, joint stock company,
trust, estate, political subdivision, or any agency, board, department, or
bureau of the state or federal government, or any other legal entity
whatever which is recognized by law as the subject of rights and duties;
(8) "Person having control over a hazardous substance", any person
producing, handling, storing, transporting, refining, or disposing of a
hazardous substance when a hazardous substance emergency occurs, including
bailees, carriers, and any other person in control of a hazardous substance
when a hazardous substance emergency occurs, whether they own the hazardous
substance or are operating under a lease, contract, or other agreement with
the legal owner thereof;
(9) "Release", any threatened or real emission, discharge, spillage,
leakage, pumping, pouring, emptying or dumping of a substance into or onto
the land, air or waters of the state unless done in compliance with the
conditions of a federal or state permit, unless the substance is confined
and is expected to stay confined to property owned, leased or otherwise
controlled by the person having control over the substance, or unless, in
the case of pesticides, if application is done in accordance with the
product label;
(10) "State of Missouri basic emergency operations plan", the state
plan, its annexes, and appendices as developed or maintained by the state
emergency management agency for response to natural and man-made disasters
in this state;
(11) "Waters of the state", all waters within the jurisdiction of
this state, including all rivers, streams, lakes and other bodies of
surface and subsurface water lying within or forming a part of the
boundaries of the state which are not entirely confined and located
completely upon lands owned, leased or otherwise controlled by a single
person or by two or more persons jointly or as tenants in common.
(L. 1983 H.B. 528, A.L. 1995 S.B. 3 merged with S.B. 283, A.L. 2000
S.B. 577, A.L. 2015 H.B. 92)
2000
2000
260.500. 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
hazardous substance;
(2) "Cleanup costs", all costs incurred by the state or any of its
political subdivisions, or their agents, or by any other person participating
with the approval of the department of natural resources in the prevention or
mitigation of damages from a hazardous substance emergency or the cleanup of
a hazardous substance involved in a hazardous substance emergency, including a
proportionate share of those costs necessary to maintain the services
authorized in sections 260.500 to 260.550;
(3) "Department", the department of natural resources;
(4) "Director", the director of the department of natural resources;
(5) "Hazardous substance", any substance or mixture of substances that
presents a danger to the public health or safety or the environment and
includes:
(a) Any hazardous waste identified or listed by the department pursuant
to sections 260.350 to 260.430;
(b) Any element, compound, mixture, solution, or substance designated
pursuant to Sections 101(14) and 102 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, and Section 302
of the Superfund Amendments and Reauthorization Act of 1986, as amended; and
(c) Any hazardous material designated by the Secretary of the United
States Department of Transportation pursuant to the Hazardous Materials
Transportation Act;
(d) "Hazardous substances" does not include radioactive materials,
wastes, emissions or discharges that are licensed or regulated by laws of the
federal government or of this state. However, such material released due to
a transportation accident shall be considered a hazardous substance;
(6) "Hazardous substance emergency":
(a) Any release of hazardous substances in quantities equal to or in
excess of those determined pursuant to Section 101(14) or 102 of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
as amended, and Section 304 of the Superfund Amendments and Reauthorization
Act of 1986, as amended;
(b) Any release of petroleum including crude oil or any fraction thereof,
natural gas, natural gas liquids, liquefied natural gas, or synthetic gas
usable for fuel (or mixtures of natural gas and such synthetic gas) in excess
of fifty gallons for liquids or three hundred cubic feet for gases, except
that the notification and reporting of any release of natural gas or natural
gas mixtures by or from intrastate facilities, regardless of the quantity of
such release, shall be as specified by the public service commission rather
than pursuant to the notification and reporting requirements contained in, or
authorized by, sections 260.500 to 260.550. Interstate natural gas pipeline
facilities shall report natural gas releases to the state and the National
Response Center in accordance with federal Department of Transportation
regulatory requirements;
(c) Any release of a hazardous waste which is reportable pursuant to
sections 260.350 to 260.430;
(d) Any release of a hazardous substance which requires immediate notice
pursuant to Part 171 of Title 49 of the Code of Federal Regulations;
(e) The department may promulgate rules and regulations identifying the
substances and the quantities thereof which, if released, constitute a
hazardous substance emergency;
(7) "Person", any individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision, or any agency, board, department, or bureau of
the state or federal government, or any other legal entity whatever which is
recognized by law as the subject of rights and duties;
(8) "Person having control over a hazardous substance", any person
producing, handling, storing, transporting, refining, or disposing of a
hazardous substance when a hazardous substance emergency occurs, including
bailees, carriers, and any other person in control of a hazardous substance
when a hazardous substance emergency occurs, whether they own the hazardous
substance or are operating under a lease, contract, or other agreement with
the legal owner thereof;
(9) "Release", any threatened or real emission, discharge, spillage,
leakage, pumping, pouring, emptying or dumping of a substance into or onto
the land, air or waters of the state unless done in compliance with the
conditions of a federal or state permit, unless the substance is confined and
is expected to stay confined to property owned, leased or otherwise
controlled by the person having control over the substance, or unless, in the
case of pesticides, if application is done in accordance with the product
label;
(10) "State of Missouri basic emergency operations plan", the state plan,
its annexes, and appendices as developed or maintained by the state emergency
management agency for response to natural and man-made disasters in this
state;
(11) "Waters of the state", all rivers, streams, lakes and other bodies
of surface and subsurface water lying within or forming a part of the
boundaries of the state which are not entirely confined and located
completely upon lands owned, leased or otherwise controlled by a single
person or by two or more persons jointly or as tenants in common and includes
waters of the United States lying within the state.
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