Permit required to operate facility, and construction permit toconstruct facility, requirements, exceptions, fees--plans to besubmitted--permits revoked or suspended, when--disclosure statement,required when.
260.205. 1. It shall be unlawful for any person to operate a solidwaste processing facility or solid waste disposal area of a solid wastemanagement system without first obtaining an operating permit from thedepartment. It shall be unlawful for any person to construct a solid wasteprocessing facility or solid waste disposal area without first obtaining aconstruction permit from the department pursuant to this section. A currentauthorization to operate issued by the department pursuant to sections 260.200to 260.345 shall be considered to be a permit to operate for purposes of thissection for all solid waste disposal areas and processing facilities existingon August 28, 1995. A permit shall not be issued for a sanitary landfill tobe located in a flood area, as determined by the department, where floodwaters are likely to significantly erode final cover. A permit shall not berequired to operate a waste stabilization lagoon, settling pond or other watertreatment facility which has a valid permit from the Missouri clean watercommission even though the facility may receive solid or semisolid wastematerials.
2. No person or operator may apply for or obtain a permit to construct asolid waste disposal area unless the person has requested the department toconduct a preliminary site investigation and obtained preliminary approvalfrom the department. The department shall, within sixty days of such request,conduct a preliminary investigation and approve or disapprove the site.
3. All proposed solid waste disposal areas for which a preliminary siteinvestigation request pursuant to subsection 2 of this section is received bythe department on or after August 28, 1999, shall be subject to a publicinvolvement activity as part of the permit application process. The activityshall consist of the following:
(1) The applicant shall notify the public of the preliminary siteinvestigation approval within thirty days after the receipt of such approval.Such public notification shall be by certified mail to the governing body ofthe county or city in which the proposed disposal area is to be located and bycertified mail to the solid waste management district in which the proposeddisposal area is to be located;
(2) Within ninety days after the preliminary site investigationapproval, the department shall conduct a public awareness session in thecounty in which the proposed disposal area is to be located. The departmentshall provide public notice of such session by both printed and broadcastmedia at least thirty days prior to such session. Printed notification shallinclude publication in at least one newspaper having general circulationwithin the county in which the proposed disposal area is to be located.Broadcast notification shall include public service announcements on radiostations that have broadcast coverage within the county in which the proposeddisposal area is to be located. The intent of such public awareness sessionshall be to provide general information to interested citizens on the designand operation of solid waste disposal areas;
(3) At least sixty days prior to the submission to the department of areport on the results of a detailed site investigation pursuant to subsection4 of this section, the applicant shall conduct a community involvement sessionin the county in which the proposed disposal area is to be located.Department staff shall attend any such session. The applicant shall providepublic notice of such session by both printed and broadcast media at leastthirty days prior to such session. Printed notification shall includepublication in at least one newspaper having general circulation within thecounty in which the proposed disposal area is to be located. Broadcastnotification shall include public service announcements on radio stations thathave broadcast coverage within the county in which the proposed disposal areais to be located. Such public notices shall include the addresses of theapplicant and the department and information on a public comment period. Suchpublic comment period shall begin on the day of the community involvementsession and continue for at least thirty days after such session. Theapplicant shall respond to all persons submitting comments during the publiccomment period no more than thirty days after the receipt of such comments;
(4) If a proposed solid waste disposal area is to be located in a countyor city that has local planning and zoning requirements, the applicant shallnot be required to conduct a community involvement session if the followingconditions are met:
(a) The local planning and zoning requirements include a public meeting;
(b) The applicant notifies the department of intent to utilize suchmeeting in lieu of the community involvement session at least thirty daysprior to such meeting;
(c) The requirements of such meeting include providing public notice byprinted or broadcast media at least thirty days prior to such meeting;
(d) Such meeting is held at least thirty days prior to the submission tothe department of a report on the results of a detailed site investigationpursuant to subsection 4 of this section;
(e) The applicant submits to the department a record of such meeting;
(f) A public comment period begins on the day of such meeting andcontinues for at least fourteen days after such meeting, and the applicantresponds to all persons submitting comments during such public comment periodno more than fourteen days after the receipt of such comments.
4. No person may apply for or obtain a permit to construct a solid wastedisposal area unless the person has submitted to the department a plan forconducting a detailed surface and subsurface geologic and hydrologicinvestigation and has obtained geologic and hydrologic site approval from thedepartment. The department shall approve or disapprove the plan within thirtydays of receipt. The applicant shall conduct the investigation pursuant tothe plan and submit the results to the department. The department shallprovide approval or disapproval within sixty days of receipt of theinvestigation results.
5. (1) Every person desiring to construct a solid waste processingfacility or solid waste disposal area shall make application for a permit onforms provided for this purpose by the department. Every applicant shallsubmit evidence of financial responsibility with the application. Anyapplicant who relies in part upon a parent corporation for this demonstrationshall also submit evidence of financial responsibility for that corporationand any other subsidiary thereof.
(2) Every applicant shall provide a financial assurance instrument orinstruments to the department prior to the granting of a construction permitfor a solid waste disposal area. The financial assurance instrument orinstruments shall be irrevocable, meet all requirements established by thedepartment and shall not be canceled, revoked, disbursed, released or allowedto terminate without the approval of the department. After the cessation ofactive operation of a sanitary landfill, or other solid waste disposal area asdesigned by the department, neither the guarantor nor the operator shallcancel, revoke or disburse the financial assurance instrument or allow theinstrument to terminate until the operator is released from postclosuremonitoring and care responsibilities pursuant to section 260.227.
(3) The applicant for a permit to construct a solid waste disposal areashall provide the department with plans, specifications, and such other dataas may be necessary to comply with the purpose of sections 260.200 to 260.345. The application shall demonstrate compliance with all applicable localplanning and zoning requirements. The department shall make an investigationof the solid waste disposal area and determine whether it complies with theprovisions of sections 260.200 to 260.345 and the rules and regulationsadopted pursuant to sections 260.200 to 260.345. Within twelve consecutivemonths of the receipt of an application for a construction permit thedepartment shall approve or deny the application. The department shall issuerules and regulations establishing time limits for permit modifications andrenewal of a permit for a solid waste disposal area. The time limit shall beconsistent with this chapter.
(4) The applicant for a permit to construct a solid waste processingfacility shall provide the department with plans, specifications and suchother data as may be necessary to comply with the purpose of sections 260.200to 260.345. Within one hundred eighty days of receipt of the application, thedepartment shall determine whether it complies with the provisions of sections260.200 to 260.345. Within twelve consecutive months of the receipt of anapplication for a permit to construct an incinerator as defined in section260.200 or a material recovery facility as defined in section 260.200, andwithin six months for permit modifications, the department shall approve ordeny the application. Permits issued for solid waste facilities shall be forthe anticipated life of the facility.
(5) If the department fails to approve or deny an application for apermit or a permit modification within the time limits specified insubdivisions (3) and (4) of this subsection, the applicant may maintain anaction in the circuit court of Cole County or that of the county in which thefacility is located or is to be sited. The court shall order the departmentto show cause why it has not acted on the permit and the court may, upon thepresentation of evidence satisfactory to the court, order the department toissue or deny such permit or permit modification. Permits for solid wastedisposal areas, whether issued by the department or ordered to be issued by acourt, shall be for the anticipated life of the facility.
(6) The applicant for a permit to construct a solid waste processingfacility shall pay an application fee of one thousand dollars. Uponcompletion of the department's evaluation of the application, but beforereceiving a permit, the applicant shall reimburse the department for allreasonable costs incurred by the department up to a maximum of four thousanddollars. The applicant for a permit to construct a solid waste disposal areashall pay an application fee of two thousand dollars. Upon completion of thedepartment's evaluations of the application, but before receiving a permit,the applicant shall reimburse the department for all reasonable costs incurredby the department up to a maximum of eight thousand dollars. Applicants whowithdraw their application before the department completes its evaluationshall be required to reimburse the department for costs incurred in theevaluation. The department shall not collect the fees authorized in thissubdivision unless it complies with the time limits established in thissection.
(7) When the review reveals that the facility or area does conform withthe provisions of sections 260.200 to 260.345 and the rules and regulationsadopted pursuant to sections 260.200 to 260.345, the department shall approvethe application and shall issue a permit for the construction of each solidwaste processing facility or solid waste disposal area as set forth in theapplication and with any permit terms and conditions which the departmentdeems appropriate. In the event that the facility or area fails to meet therules and regulations adopted pursuant to sections 260.200 to 260.345, thedepartment shall issue a report to the applicant stating the reason for denialof a permit.
6. Plans, designs, and relevant data for the construction of solid wasteprocessing facilities and solid waste disposal areas shall be submitted to thedepartment by a registered professional engineer licensed by the state ofMissouri for approval prior to the construction, alteration or operation ofsuch a facility or area.
7. Any person or operator as defined in section 260.200 who intends toobtain a construction permit in a solid waste management district with anapproved solid waste management plan shall request a recommendation in supportof the application from the executive board created in section 260.315. Theexecutive board shall consider the impact of the proposal on, and the extentto which the proposal conforms to, the approved district solid wastemanagement plan prepared pursuant to section 260.325. The executive boardshall act upon the request for a recommendation within sixty days of receiptand shall submit a resolution to the department specifying its position andits recommendation regarding conformity of the application to the solid wasteplan. The board's failure to submit a resolution constitutes recommendationof the application. The department may consider the application, regardlessof the board's action thereon and may deny the construction permit if theapplication fails to meet the requirements of sections 260.200 to 260.345, orif the application is inconsistent with the district's solid waste managementplan.
8. If the site proposed for a solid waste disposal area is not owned bythe applicant, the owner or owners of the site shall acknowledge that anapplication pursuant to sections 260.200 to 260.345 is to be submitted bysignature or signatures thereon. The department shall provide the owner withcopies of all communication with the operator, including inspection reportsand orders issued pursuant to section 260.230.
9. The department shall not issue a permit for the operation of a solidwaste disposal area designed to serve a city with a population of greater thanfour hundred thousand located in more than one county, if the site is locatedwithin one-half mile of an adjoining municipality, without the approval of thegoverning body of such municipality. The governing body shall conduct apublic hearing within fifteen days of notice, shall publicize the hearing inat least one newspaper having general circulation in the municipality, andshall vote to approve or disapprove the land disposal facility within thirtydays after the close of the hearing.
10. Upon receipt of an application for a permit to construct a solidwaste processing facility or disposal area, the department shall notify thepublic of such receipt:
(1) By legal notice published in a newspaper of general circulation inthe area of the proposed disposal area or processing facility;
(2) By certified mail to the governing body of the county or city inwhich the proposed disposal area or processing facility is to be located; and
(3) By mail to the last known address of all record owners of contiguousreal property or real property located within one thousand feet of theproposed disposal area and, for a proposed processing facility, notice asprovided in section 64.875, RSMo, or section 89.060, RSMo, whichever isapplicable.
(4) If an application for a construction permit meets all statutory andregulatory requirements for issuance, a public hearing on the draft permitshall be held by the department in the county in which the proposed solidwaste disposal area is to be located prior to the issuance of the permit. Thedepartment shall provide public notice of such hearing by both printed andbroadcast media at least thirty days prior to such hearing. Printednotification shall include publication in at least one newspaper havinggeneral circulation within the county in which the proposed disposal area isto be located. Broadcast notification shall include public serviceannouncements on radio stations that have broadcast coverage within the countyin which the proposed disposal area is to be located.
11. After the issuance of a construction permit for a solid wastedisposal area, but prior to the beginning of disposal operations, the ownerand the department shall execute an easement to allow the department, itsagents or its contractors to enter the premises to complete work specified inthe closure plan, or to monitor or maintain the site or to take remedialaction during the postclosure period. After issuance of a construction permitfor a solid waste disposal area, but prior to the beginning of disposaloperations, the owner shall submit evidence that he or she has recorded, inthe office of the recorder of deeds in the county where the disposal area islocated, a notice and covenant running with the land that the property hasbeen permitted as a solid waste disposal area and prohibits use of the land inany manner which interferes with the closure and, where appropriate,postclosure plans filed with the department.
12. Every person desiring to obtain a permit to operate a solid wastedisposal area or processing facility shall submit applicable information andapply for an operating permit from the department. The department shallreview the information and determine, within sixty days of receipt, whether itcomplies with the provisions of sections 260.200 to 260.345 and the rules andregulations adopted pursuant to sections 260.200 to 260.345. When the reviewreveals that the facility or area does conform with the provisions of sections260.200 to 260.345 and the rules and regulations adopted pursuant to sections260.200 to 260.345, the department shall issue a permit for the operation ofeach solid waste processing facility or solid waste disposal area and with anypermit terms and conditions which the department deems appropriate. In theevent that the facility or area fails to meet the rules and regulationsadopted pursuant to sections 260.200 to 260.345, the department shall issue areport to the applicant stating the reason for denial of a permit.
13. Each solid waste disposal area, except utility waste landfillsunless otherwise and to the extent required by the department, and those solidwaste processing facilities designated by rule, shall be operated under thedirection of a certified solid waste technician in accordance with sections260.200 to 260.345 and the rules and regulations promulgated pursuant tosections 260.200 to 260.345.
14. Base data for the quality and quantity of groundwater in the solidwaste disposal area shall be collected and submitted to the department priorto the operation of a new or expansion of an existing solid waste disposalarea. Base data shall include a chemical analysis of groundwater drawn fromthe proposed solid waste disposal area.
15. Leachate collection and removal systems shall be incorporated intonew or expanded sanitary landfills which are permitted after August 13, 1986.The department shall assess the need for a leachate collection system for alltypes of solid waste disposal areas, other than sanitary landfills, and theneed for monitoring wells when it evaluates the application for all new orexpanded solid waste disposal areas. The department may require an operatorof a solid waste disposal area to install a leachate collection system beforethe beginning of disposal operations, at any time during disposal operationsfor unfilled portions of the area, or for any portion of the disposal area asa part of a remedial plan. The department may require the operator to installmonitoring wells before the beginning of disposal operations or at any timeduring the operational life or postclosure care period if it concludes thatconditions at the area warrant such monitoring. The operator of a demolitionlandfill or utility waste landfill shall not be required to install a leachatecollection and removal system or monitoring wells unless otherwise and to theextent the department so requires based on hazardous waste characteristiccriteria or site specific geohydrological characteristics or conditions.
16. Permits granted by the department, as provided in sections 260.200to 260.345, shall be subject to suspension for a designated period of time,civil penalty or revocation whenever the department determines that the solidwaste processing facility or solid waste disposal area is, or has been,operated in violation of sections 260.200 to 260.345 or the rules orregulations adopted pursuant to sections 260.200 to 260.345, or has beenoperated in violation of any permit terms and conditions, or is creating apublic nuisance, health hazard, or environmental pollution. In the event apermit is suspended or revoked, the person named in the permit shall be fullyinformed as to the reasons for such action.
17. Each permit for operation of a facility or area shall be issued onlyto the person named in the application. Permits are transferable as amodification to the permit. An application to transfer ownership shallidentify the proposed permittee. A disclosure statement for the proposedpermittee listing violations contained in subsection 19 of this section shallbe submitted to the department. The operation and design plans for thefacility or area shall be updated to provide compliance with the currentlyapplicable law and rules. A financial assurance instrument in such an amountand form as prescribed by the department shall be provided for solid wastedisposal areas by the proposed permittee prior to transfer of the permit. Thefinancial assurance instrument of the original permittee shall not be releaseduntil the new permittee's financial assurance instrument has been approved bythe department and the transfer of ownership is complete.
18. Those solid waste disposal areas permitted on January 1, 1996,shall, upon submission of a request for permit modification, be granted asolid waste management area operating permit if the request meets reasonablerequirements set out by the department.
19. In case a permit required pursuant to this section is denied orrevoked, the person may request a hearing in accordance with section 260.235.
20. Any person seeking a permit or renewal of a permit to operate acommercial solid waste processing facility, or a solid waste disposal areashall, concurrently with the filing of application for a permit, file adisclosure statement with the department of natural resources. The disclosurestatement shall include, but not be limited to, a listing of any felonyconvictions by state or federal agencies, and a listing of other enforcementactions, sanctions, permit revocations or denials by any state or federalauthority of every person seeking a permit, including officers, directors,partners and facility or location managers of each person seeking a permit,any violations of Missouri environmental statutes, violations of theenvironmental statutes of other states or federal statutes and a listing ofconvictions for any crimes or criminal acts, an element of which involvesrestraint of trade, price-fixing, intimidation of the customers of anotherperson or for engaging in any other acts which may have the effect ofrestraining or limiting competition concerning activities regulated pursuantto this chapter or similar laws of other states or the federal government;except that convictions for violations by entities purchased or acquired by anapplicant or permittee which occurred prior to the purchase or acquisitionshall not be included. The department shall by rule, define thoseenvironmental violations which must be reported pursuant to this section. Forpurposes of this section, additional persons as required by rule shall benamed in the statement and violations or convictions of such persons shall belisted. The department or its representative shall verify the informationprovided on the disclosure statement prior to permit issuance. The disclosurestatement shall be used by the department in determining whether a permitshould be granted or denied on the basis of the applicant's status as ahabitual violator; however, the department has the authority to make ahabitual violator determination independent of the information contained inthe disclosure statement. After permit issuance, each facility shall annuallyfile an updated disclosure statement with the department of natural resourceson or before March thirty-first of each year. Any county, district,municipality, authority or other political subdivision of this state whichowns and operates a sanitary landfill shall be exempt from the provisions ofthis subsection.
21. Any person seeking a permit to operate a solid waste disposal area,a solid waste processing facility or a resource recovery facility shall,concurrently with the filing of the application for a permit, disclose anyconvictions in this state of municipal or county public health or land useordinances related to the management of solid waste. If the department findsthat there has been a continuing pattern of serious adjudicated violations bythe applicant, the department may deny the application.
22. No permit to construct or permit to operate shall be requiredpursuant to this section for any utility waste landfill located in a county ofthe third classification with a township form of government which has apopulation of at least eleven thousand inhabitants and no more than twelvethousand five hundred inhabitants according to the most recent decennialcensus, if such utility waste landfill complies with all design and operatingstandards and closure requirements applicable to utility waste landfillspursuant to sections 260.200 to 260.345 and provided that no waste disposed ofat such utility waste landfill is considered hazardous waste pursuant to theMissouri hazardous waste law.
Permit required to operate facility, and construction permit toconstruct facility, requirements, exceptions, fees--plans to besubmitted--permits revoked or suspended, when--disclosure statement,required when.
260.205. 1. It shall be unlawful for any person to operate a solidwaste processing facility or solid waste disposal area of a solid wastemanagement system without first obtaining an operating permit from thedepartment. It shall be unlawful for any person to construct a solid wasteprocessing facility or solid waste disposal area without first obtaining aconstruction permit from the department pursuant to this section. A currentauthorization to operate issued by the department pursuant to sections 260.200to 260.345 shall be considered to be a permit to operate for purposes of thissection for all solid waste disposal areas and processing facilities existingon August 28, 1995. A permit shall not be issued for a sanitary landfill tobe located in a flood area, as determined by the department, where floodwaters are likely to significantly erode final cover. A permit shall not berequired to operate a waste stabilization lagoon, settling pond or other watertreatment facility which has a valid permit from the Missouri clean watercommission even though the facility may receive solid or semisolid wastematerials.
2. No person or operator may apply for or obtain a permit to construct asolid waste disposal area unless the person has requested the department toconduct a preliminary site investigation and obtained preliminary approvalfrom the department. The department shall, within sixty days of such request,conduct a preliminary investigation and approve or disapprove the site.
3. All proposed solid waste disposal areas for which a preliminary siteinvestigation request pursuant to subsection 2 of this section is received bythe department on or after August 28, 1999, shall be subject to a publicinvolvement activity as part of the permit application process. The activityshall consist of the following:
(1) The applicant shall notify the public of the preliminary siteinvestigation approval within thirty days after the receipt of such approval.Such public notification shall be by certified mail to the governing body ofthe county or city in which the proposed disposal area is to be located and bycertified mail to the solid waste management district in which the proposeddisposal area is to be located;
(2) Within ninety days after the preliminary site investigationapproval, the department shall conduct a public awareness session in thecounty in which the proposed disposal area is to be located. The departmentshall provide public notice of such session by both printed and broadcastmedia at least thirty days prior to such session. Printed notification shallinclude publication in at least one newspaper having general circulationwithin the county in which the proposed disposal area is to be located.Broadcast notification shall include public service announcements on radiostations that have broadcast coverage within the county in which the proposeddisposal area is to be located. The intent of such public awareness sessionshall be to provide general information to interested citizens on the designand operation of solid waste disposal areas;
(3) At least sixty days prior to the submission to the department of areport on the results of a detailed site investigation pursuant to subsection4 of this section, the applicant shall conduct a community involvement sessionin the county in which the proposed disposal area is to be located.Department staff shall attend any such session. The applicant shall providepublic notice of such session by both printed and broadcast media at leastthirty days prior to such session. Printed notification shall includepublication in at least one newspaper having general circulation within thecounty in which the proposed disposal area is to be located. Broadcastnotification shall include public service announcements on radio stations thathave broadcast coverage within the county in which the proposed disposal areais to be located. Such public notices shall include the addresses of theapplicant and the department and information on a public comment period. Suchpublic comment period shall begin on the day of the community involvementsession and continue for at least thirty days after such session. Theapplicant shall respond to all persons submitting comments during the publiccomment period no more than thirty days after the receipt of such comments;
(4) If a proposed solid waste disposal area is to be located in a countyor city that has local planning and zoning requirements, the applicant shallnot be required to conduct a community involvement session if the followingconditions are met:
(a) The local planning and zoning requirements include a public meeting;
(b) The applicant notifies the department of intent to utilize suchmeeting in lieu of the community involvement session at least thirty daysprior to such meeting;
(c) The requirements of such meeting include providing public notice byprinted or broadcast media at least thirty days prior to such meeting;
(d) Such meeting is held at least thirty days prior to the submission tothe department of a report on the results of a detailed site investigationpursuant to subsection 4 of this section;
(e) The applicant submits to the department a record of such meeting;
(f) A public comment period begins on the day of such meeting andcontinues for at least fourteen days after such meeting, and the applicantresponds to all persons submitting comments during such public comment periodno more than fourteen days after the receipt of such comments.
4. No person may apply for or obtain a permit to construct a solid wastedisposal area unless the person has submitted to the department a plan forconducting a detailed surface and subsurface geologic and hydrologicinvestigation and has obtained geologic and hydrologic site approval from thedepartment. The department shall approve or disapprove the plan within thirtydays of receipt. The applicant shall conduct the investigation pursuant tothe plan and submit the results to the department. The department shallprovide approval or disapproval within sixty days of receipt of theinvestigation results.
5. (1) Every person desiring to construct a solid waste processingfacility or solid waste disposal area shall make application for a permit onforms provided for this purpose by the department. Every applicant shallsubmit evidence of financial responsibility with the application. Anyapplicant who relies in part upon a parent corporation for this demonstrationshall also submit evidence of financial responsibility for that corporationand any other subsidiary thereof.
(2) Every applicant shall provide a financial assurance instrument orinstruments to the department prior to the granting of a construction permitfor a solid waste disposal area. The financial assurance instrument orinstruments shall be irrevocable, meet all requirements established by thedepartment and shall not be canceled, revoked, disbursed, released or allowedto terminate without the approval of the department. After the cessation ofactive operation of a sanitary landfill, or other solid waste disposal area asdesigned by the department, neither the guarantor nor the operator shallcancel, revoke or disburse the financial assurance instrument or allow theinstrument to terminate until the operator is released from postclosuremonitoring and care responsibilities pursuant to section 260.227.
(3) The applicant for a permit to construct a solid waste disposal areashall provide the department with plans, specifications, and such other dataas may be necessary to comply with the purpose of sections 260.200 to 260.345. The application shall demonstrate compliance with all applicable localplanning and zoning requirements. The department shall make an investigationof the solid waste disposal area and determine whether it complies with theprovisions of sections 260.200 to 260.345 and the rules and regulationsadopted pursuant to sections 260.200 to 260.345. Within twelve consecutivemonths of the receipt of an application for a construction permit thedepartment shall approve or deny the application. The department shall issuerules and regulations establishing time limits for permit modifications andrenewal of a permit for a solid waste disposal area. The time limit shall beconsistent with this chapter.
(4) The applicant for a permit to construct a solid waste processingfacility shall provide the department with plans, specifications and suchother data as may be necessary to comply with the purpose of sections 260.200to 260.345. Within one hundred eighty days of receipt of the application, thedepartment shall determine whether it complies with the provisions of sections260.200 to 260.345. Within twelve consecutive months of the receipt of anapplication for a permit to construct an incinerator as defined in section260.200 or a material recovery facility as defined in section 260.200, andwithin six months for permit modifications, the department shall approve ordeny the application. Permits issued for solid waste facilities shall be forthe anticipated life of the facility.
(5) If the department fails to approve or deny an application for apermit or a permit modification within the time limits specified insubdivisions (3) and (4) of this subsection, the applicant may maintain anaction in the circuit court of Cole County or that of the county in which thefacility is located or is to be sited. The court shall order the departmentto show cause why it has not acted on the permit and the court may, upon thepresentation of evidence satisfactory to the court, order the department toissue or deny such permit or permit modification. Permits for solid wastedisposal areas, whether issued by the department or ordered to be issued by acourt, shall be for the anticipated life of the facility.
(6) The applicant for a permit to construct a solid waste processingfacility shall pay an application fee of one thousand dollars. Uponcompletion of the department's evaluation of the application, but beforereceiving a permit, the applicant shall reimburse the department for allreasonable costs incurred by the department up to a maximum of four thousanddollars. The applicant for a permit to construct a solid waste disposal areashall pay an application fee of two thousand dollars. Upon completion of thedepartment's evaluations of the application, but before receiving a permit,the applicant shall reimburse the department for all reasonable costs incurredby the department up to a maximum of eight thousand dollars. Applicants whowithdraw their application before the department completes its evaluationshall be required to reimburse the department for costs incurred in theevaluation. The department shall not collect the fees authorized in thissubdivision unless it complies with the time limits established in thissection.
(7) When the review reveals that the facility or area does conform withthe provisions of sections 260.200 to 260.345 and the rules and regulationsadopted pursuant to sections 260.200 to 260.345, the department shall approvethe application and shall issue a permit for the construction of each solidwaste processing facility or solid waste disposal area as set forth in theapplication and with any permit terms and conditions which the departmentdeems appropriate. In the event that the facility or area fails to meet therules and regulations adopted pursuant to sections 260.200 to 260.345, thedepartment shall issue a report to the applicant stating the reason for denialof a permit.
6. Plans, designs, and relevant data for the construction of solid wasteprocessing facilities and solid waste disposal areas shall be submitted to thedepartment by a registered professional engineer licensed by the state ofMissouri for approval prior to the construction, alteration or operation ofsuch a facility or area.
7. Any person or operator as defined in section 260.200 who intends toobtain a construction permit in a solid waste management district with anapproved solid waste management plan shall request a recommendation in supportof the application from the executive board created in section 260.315. Theexecutive board shall consider the impact of the proposal on, and the extentto which the proposal conforms to, the approved district solid wastemanagement plan prepared pursuant to section 260.325. The executive boardshall act upon the request for a recommendation within sixty days of receiptand shall submit a resolution to the department specifying its position andits recommendation regarding conformity of the application to the solid wasteplan. The board's failure to submit a resolution constitutes recommendationof the application. The department may consider the application, regardlessof the board's action thereon and may deny the construction permit if theapplication fails to meet the requirements of sections 260.200 to 260.345, orif the application is inconsistent with the district's solid waste managementplan.
8. If the site proposed for a solid waste disposal area is not owned bythe applicant, the owner or owners of the site shall acknowledge that anapplication pursuant to sections 260.200 to 260.345 is to be submitted bysignature or signatures thereon. The department shall provide the owner withcopies of all communication with the operator, including inspection reportsand orders issued pursuant to section 260.230.
9. The department shall not issue a permit for the operation of a solidwaste disposal area designed to serve a city with a population of greater thanfour hundred thousand located in more than one county, if the site is locatedwithin one-half mile of an adjoining municipality, without the approval of thegoverning body of such municipality. The governing body shall conduct apublic hearing within fifteen days of notice, shall publicize the hearing inat least one newspaper having general circulation in the municipality, andshall vote to approve or disapprove the land disposal facility within thirtydays after the close of the hearing.
10. Upon receipt of an application for a permit to construct a solidwaste processing facility or disposal area, the department shall notify thepublic of such receipt:
(1) By legal notice published in a newspaper of general circulation inthe area of the proposed disposal area or processing facility;
(2) By certified mail to the governing body of the county or city inwhich the proposed disposal area or processing facility is to be located; and
(3) By mail to the last known address of all record owners of contiguousreal property or real property located within one thousand feet of theproposed disposal area and, for a proposed processing facility, notice asprovided in section 64.875, RSMo, or section 89.060, RSMo, whichever isapplicable.
(4) If an application for a construction permit meets all statutory andregulatory requirements for issuance, a public hearing on the draft permitshall be held by the department in the county in which the proposed solidwaste disposal area is to be located prior to the issuance of the permit. Thedepartment shall provide public notice of such hearing by both printed andbroadcast media at least thirty days prior to such hearing. Printednotification shall include publication in at least one newspaper havinggeneral circulation within the county in which the proposed disposal area isto be located. Broadcast notification shall include public serviceannouncements on radio stations that have broadcast coverage within the countyin which the proposed disposal area is to be located.
11. After the issuance of a construction permit for a solid wastedisposal area, but prior to the beginning of disposal operations, the ownerand the department shall execute an easement to allow the department, itsagents or its contractors to enter the premises to complete work specified inthe closure plan, or to monitor or maintain the site or to take remedialaction during the postclosure period. After issuance of a construction permitfor a solid waste disposal area, but prior to the beginning of disposaloperations, the owner shall submit evidence that he or she has recorded, inthe office of the recorder of deeds in the county where the disposal area islocated, a notice and covenant running with the land that the property hasbeen permitted as a solid waste disposal area and prohibits use of the land inany manner which interferes with the closure and, where appropriate,postclosure plans filed with the department.
12. Every person desiring to obtain a permit to operate a solid wastedisposal area or processing facility shall submit applicable information andapply for an operating permit from the department. The department shallreview the information and determine, within sixty days of receipt, whether itcomplies with the provisions of sections 260.200 to 260.345 and the rules andregulations adopted pursuant to sections 260.200 to 260.345. When the reviewreveals that the facility or area does conform with the provisions of sections260.200 to 260.345 and the rules and regulations adopted pursuant to sections260.200 to 260.345, the department shall issue a permit for the operation ofeach solid waste processing facility or solid waste disposal area and with anypermit terms and conditions which the department deems appropriate. In theevent that the facility or area fails to meet the rules and regulationsadopted pursuant to sections 260.200 to 260.345, the department shall issue areport to the applicant stating the reason for denial of a permit.
13. Each solid waste disposal area, except utility waste landfillsunless otherwise and to the extent required by the department, and those solidwaste processing facilities designated by rule, shall be operated under thedirection of a certified solid waste technician in accordance with sections260.200 to 260.345 and the rules and regulations promulgated pursuant tosections 260.200 to 260.345.
14. Base data for the quality and quantity of groundwater in the solidwaste disposal area shall be collected and submitted to the department priorto the operation of a new or expansion of an existing solid waste disposalarea. Base data shall include a chemical analysis of groundwater drawn fromthe proposed solid waste disposal area.
15. Leachate collection and removal systems shall be incorporated intonew or expanded sanitary landfills which are permitted after August 13, 1986.The department shall assess the need for a leachate collection system for alltypes of solid waste disposal areas, other than sanitary landfills, and theneed for monitoring wells when it evaluates the application for all new orexpanded solid waste disposal areas. The department may require an operatorof a solid waste disposal area to install a leachate collection system beforethe beginning of disposal operations, at any time during disposal operationsfor unfilled portions of the area, or for any portion of the disposal area asa part of a remedial plan. The department may require the operator to installmonitoring wells before the beginning of disposal operations or at any timeduring the operational life or postclosure care period if it concludes thatconditions at the area warrant such monitoring. The operator of a demolitionlandfill or utility waste landfill shall not be required to install a leachatecollection and removal system or monitoring wells unless otherwise and to theextent the department so requires based on hazardous waste characteristiccriteria or site specific geohydrological characteristics or conditions.
16. Permits granted by the department, as provided in sections 260.200to 260.345, shall be subject to suspension for a designated period of time,civil penalty or revocation whenever the department determines that the solidwaste processing facility or solid waste disposal area is, or has been,operated in violation of sections 260.200 to 260.345 or the rules orregulations adopted pursuant to sections 260.200 to 260.345, or has beenoperated in violation of any permit terms and conditions, or is creating apublic nuisance, health hazard, or environmental pollution. In the event apermit is suspended or revoked, the person named in the permit shall be fullyinformed as to the reasons for such action.
17. Each permit for operation of a facility or area shall be issued onlyto the person named in the application. Permits are transferable as amodification to the permit. An application to transfer ownership shallidentify the proposed permittee. A disclosure statement for the proposedpermittee listing violations contained in subsection 19 of this section shallbe submitted to the department. The operation and design plans for thefacility or area shall be updated to provide compliance with the currentlyapplicable law and rules. A financial assurance instrument in such an amountand form as prescribed by the department shall be provided for solid wastedisposal areas by the proposed permittee prior to transfer of the permit. Thefinancial assurance instrument of the original permittee shall not be releaseduntil the new permittee's financial assurance instrument has been approved bythe department and the transfer of ownership is complete.
18. Those solid waste disposal areas permitted on January 1, 1996,shall, upon submission of a request for permit modification, be granted asolid waste management area operating permit if the request meets reasonablerequirements set out by the department.
19. In case a permit required pursuant to this section is denied orrevoked, the person may request a hearing in accordance with section 260.235.
20. Any person seeking a permit or renewal of a permit to operate acommercial solid waste processing facility, or a solid waste disposal areashall, concurrently with the filing of application for a permit, file adisclosure statement with the department of natural resources. The disclosurestatement shall include, but not be limited to, a listing of any felonyconvictions by state or federal agencies, and a listing of other enforcementactions, sanctions, permit revocations or denials by any state or federalauthority of every person seeking a permit, including officers, directors,partners and facility or location managers of each person seeking a permit,any violations of Missouri environmental statutes, violations of theenvironmental statutes of other states or federal statutes and a listing ofconvictions for any crimes or criminal acts, an element of which involvesrestraint of trade, price-fixing, intimidation of the customers of anotherperson or for engaging in any other acts which may have the effect ofrestraining or limiting competition concerning activities regulated pursuantto this chapter or similar laws of other states or the federal government;except that convictions for violations by entities purchased or acquired by anapplicant or permittee which occurred prior to the purchase or acquisitionshall not be included. The department shall by rule, define thoseenvironmental violations which must be reported pursuant to this section. Forpurposes of this section, additional persons as required by rule shall benamed in the statement and violations or convictions of such persons shall belisted. The department or its representative shall verify the informationprovided on the disclosure statement prior to permit issuance. The disclosurestatement shall be used by the department in determining whether a permitshould be granted or denied on the basis of the applicant's status as ahabitual violator; however, the department has the authority to make ahabitual violator determination independent of the information contained inthe disclosure statement. After permit issuance, each facility shall annuallyfile an updated disclosure statement with the department of natural resourceson or before March thirty-first of each year. Any county, district,municipality, authority or other political subdivision of this state whichowns and operates a sanitary landfill shall be exempt from the provisions ofthis subsection.
21. Any person seeking a permit to operate a solid waste disposal area,a solid waste processing facility or a resource recovery facility shall,concurrently with the filing of the application for a permit, disclose anyconvictions in this state of municipal or county public health or land useordinances related to the management of solid waste. If the department findsthat there has been a continuing pattern of serious adjudicated violations bythe applicant, the department may deny the application.
22. No permit to construct or permit to operate shall be requiredpursuant to this section for any utility waste landfill located in a county ofthe third classification with a township form of government which has apopulation of at least eleven thousand inhabitants and no more than twelvethousand five hundred inhabitants according to the most recent decennialcensus, if such utility waste landfill complies with all design and operatingstandards and closure requirements applicable to utility waste landfillspursuant to sections 260.200 to 260.345 and provided that no waste disposed ofat such utility waste landfill is considered hazardous waste pursuant to theMissouri hazardous waste law.
Permit required to operate facility, and construction permit toconstruct facility, requirements, exceptions, fees--plans to besubmitted--permits revoked or suspended, when--disclosure statement,required when.
260.205. 1. It shall be unlawful for any person to operate a solidwaste processing facility or solid waste disposal area of a solid wastemanagement system without first obtaining an operating permit from thedepartment. It shall be unlawful for any person to construct a solid wasteprocessing facility or solid waste disposal area without first obtaining aconstruction permit from the department pursuant to this section. A currentauthorization to operate issued by the department pursuant to sections 260.200to 260.345 shall be considered to be a permit to operate for purposes of thissection for all solid waste disposal areas and processing facilities existingon August 28, 1995. A permit shall not be issued for a sanitary landfill tobe located in a flood area, as determined by the department, where floodwaters are likely to significantly erode final cover. A permit shall not berequired to operate a waste stabilization lagoon, settling pond or other watertreatment facility which has a valid permit from the Missouri clean watercommission even though the facility may receive solid or semisolid wastematerials.
2. No person or operator may apply for or obtain a permit to construct asolid waste disposal area unless the person has requested the department toconduct a preliminary site investigation and obtained preliminary approvalfrom the department. The department shall, within sixty days of such request,conduct a preliminary investigation and approve or disapprove the site.
3. All proposed solid waste disposal areas for which a preliminary siteinvestigation request pursuant to subsection 2 of this section is received bythe department on or after August 28, 1999, shall be subject to a publicinvolvement activity as part of the permit application process. The activityshall consist of the following:
(1) The applicant shall notify the public of the preliminary siteinvestigation approval within thirty days after the receipt of such approval.Such public notification shall be by certified mail to the governing body ofthe county or city in which the proposed disposal area is to be located and bycertified mail to the solid waste management district in which the proposeddisposal area is to be located;
(2) Within ninety days after the preliminary site investigationapproval, the department shall conduct a public awareness session in thecounty in which the proposed disposal area is to be located. The departmentshall provide public notice of such session by both printed and broadcastmedia at least thirty days prior to such session. Printed notification shallinclude publication in at least one newspaper having general circulationwithin the county in which the proposed disposal area is to be located.Broadcast notification shall include public service announcements on radiostations that have broadcast coverage within the county in which the proposeddisposal area is to be located. The intent of such public awareness sessionshall be to provide general information to interested citizens on the designand operation of solid waste disposal areas;
(3) At least sixty days prior to the submission to the department of areport on the results of a detailed site investigation pursuant to subsection4 of this section, the applicant shall conduct a community involvement sessionin the county in which the proposed disposal area is to be located.Department staff shall attend any such session. The applicant shall providepublic notice of such session by both printed and broadcast media at leastthirty days prior to such session. Printed notification shall includepublication in at least one newspaper having general circulation within thecounty in which the proposed disposal area is to be located. Broadcastnotification shall include public service announcements on radio stations thathave broadcast coverage within the county in which the proposed disposal areais to be located. Such public notices shall include the addresses of theapplicant and the department and information on a public comment period. Suchpublic comment period shall begin on the day of the community involvementsession and continue for at least thirty days after such session. Theapplicant shall respond to all persons submitting comments during the publiccomment period no more than thirty days after the receipt of such comments;
(4) If a proposed solid waste disposal area is to be located in a countyor city that has local planning and zoning requirements, the applicant shallnot be required to conduct a community involvement session if the followingconditions are met:
(a) The local planning and zoning requirements include a public meeting;
(b) The applicant notifies the department of intent to utilize suchmeeting in lieu of the community involvement session at least thirty daysprior to such meeting;
(c) The requirements of such meeting include providing public notice byprinted or broadcast media at least thirty days prior to such meeting;
(d) Such meeting is held at least thirty days prior to the submission tothe department of a report on the results of a detailed site investigationpursuant to subsection 4 of this section;
(e) The applicant submits to the department a record of such meeting;
(f) A public comment period begins on the day of such meeting andcontinues for at least fourteen days after such meeting, and the applicantresponds to all persons submitting comments during such public comment periodno more than fourteen days after the receipt of such comments.
4. No person may apply for or obtain a permit to construct a solid wastedisposal area unless the person has submitted to the department a plan forconducting a detailed surface and subsurface geologic and hydrologicinvestigation and has obtained geologic and hydrologic site approval from thedepartment. The department shall approve or disapprove the plan within thirtydays of receipt. The applicant shall conduct the investigation pursuant tothe plan and submit the results to the department. The department shallprovide approval or disapproval within sixty days of receipt of theinvestigation results.
5. (1) Every person desiring to construct a solid waste processingfacility or solid waste disposal area shall make application for a permit onforms provided for this purpose by the department. Every applicant shallsubmit evidence of financial responsibility with the application. Anyapplicant who relies in part upon a parent corporation for this demonstrationshall also submit evidence of financial responsibility for that corporationand any other subsidiary thereof.
(2) Every applicant shall provide a financial assurance instrument orinstruments to the department prior to the granting of a construction permitfor a solid waste disposal area. The financial assurance instrument orinstruments shall be irrevocable, meet all requirements established by thedepartment and shall not be canceled, revoked, disbursed, released or allowedto terminate without the approval of the department. After the cessation ofactive operation of a sanitary landfill, or other solid waste disposal area asdesigned by the department, neither the guarantor nor the operator shallcancel, revoke or disburse the financial assurance instrument or allow theinstrument to terminate until the operator is released from postclosuremonitoring and care responsibilities pursuant to section 260.227.
(3) The applicant for a permit to construct a solid waste disposal areashall provide the department with plans, specifications, and such other dataas may be necessary to comply with the purpose of sections 260.200 to 260.345. The application shall demonstrate compliance with all applicable localplanning and zoning requirements. The department shall make an investigationof the solid waste disposal area and determine whether it complies with theprovisions of sections 260.200 to 260.345 and the rules and regulationsadopted pursuant to sections 260.200 to 260.345. Within twelve consecutivemonths of the receipt of an application for a construction permit thedepartment shall approve or deny the application. The department shall issuerules and regulations establishing time limits for permit modifications andrenewal of a permit for a solid waste disposal area. The time limit shall beconsistent with this chapter.
(4) The applicant for a permit to construct a solid waste processingfacility shall provide the department with plans, specifications and suchother data as may be necessary to comply with the purpose of sections 260.200to 260.345. Within one hundred eighty days of receipt of the application, thedepartment shall determine whether it complies with the provisions of sections260.200 to 260.345. Within twelve consecutive months of the receipt of anapplication for a permit to construct an incinerator as defined in section260.200 or a material recovery facility as defined in section 260.200, andwithin six months for permit modifications, the department shall approve ordeny the application. Permits issued for solid waste facilities shall be forthe anticipated life of the facility.
(5) If the department fails to approve or deny an application for apermit or a permit modification within the time limits specified insubdivisions (3) and (4) of this subsection, the applicant may maintain anaction in the circuit court of Cole County or that of the county in which thefacility is located or is to be sited. The court shall order the departmentto show cause why it has not acted on the permit and the court may, upon thepresentation of evidence satisfactory to the court, order the department toissue or deny such permit or permit modification. Permits for solid wastedisposal areas, whether issued by the department or ordered to be issued by acourt, shall be for the anticipated life of the facility.
(6) The applicant for a permit to construct a solid waste processingfacility shall pay an application fee of one thousand dollars. Uponcompletion of the department's evaluation of the application, but beforereceiving a permit, the applicant shall reimburse the department for allreasonable costs incurred by the department up to a maximum of four thousanddollars. The applicant for a permit to construct a solid waste disposal areashall pay an application fee of two thousand dollars. Upon completion of thedepartment's evaluations of the application, but before receiving a permit,the applicant shall reimburse the department for all reasonable costs incurredby the department up to a maximum of eight thousand dollars. Applicants whowithdraw their application before the department completes its evaluationshall be required to reimburse the department for costs incurred in theevaluation. The department shall not collect the fees authorized in thissubdivision unless it complies with the time limits established in thissection.
(7) When the review reveals that the facility or area does conform withthe provisions of sections 260.200 to 260.345 and the rules and regulationsadopted pursuant to sections 260.200 to 260.345, the department shall approvethe application and shall issue a permit for the construction of each solidwaste processing facility or solid waste disposal area as set forth in theapplication and with any permit terms and conditions which the departmentdeems appropriate. In the event that the facility or area fails to meet therules and regulations adopted pursuant to sections 260.200 to 260.345, thedepartment shall issue a report to the applicant stating the reason for denialof a permit.
6. Plans, designs, and relevant data for the construction of solid wasteprocessing facilities and solid waste disposal areas shall be submitted to thedepartment by a registered professional engineer licensed by the state ofMissouri for approval prior to the construction, alteration or operation ofsuch a facility or area.
7. Any person or operator as defined in section 260.200 who intends toobtain a construction permit in a solid waste management district with anapproved solid waste management plan shall request a recommendation in supportof the application from the executive board created in section 260.315. Theexecutive board shall consider the impact of the proposal on, and the extentto which the proposal conforms to, the approved district solid wastemanagement plan prepared pursuant to section 260.325. The executive boardshall act upon the request for a recommendation within sixty days of receiptand shall submit a resolution to the department specifying its position andits recommendation regarding conformity of the application to the solid wasteplan. The board's failure to submit a resolution constitutes recommendationof the application. The department may consider the application, regardlessof the board's action thereon and may deny the construction permit if theapplication fails to meet the requirements of sections 260.200 to 260.345, orif the application is inconsistent with the district's solid waste managementplan.
8. If the site proposed for a solid waste disposal area is not owned bythe applicant, the owner or owners of the site shall acknowledge that anapplication pursuant to sections 260.200 to 260.345 is to be submitted bysignature or signatures thereon. The department shall provide the owner withcopies of all communication with the operator, including inspection reportsand orders issued pursuant to section 260.230.
9. The department shall not issue a permit for the operation of a solidwaste disposal area designed to serve a city with a population of greater thanfour hundred thousand located in more than one county, if the site is locatedwithin one-half mile of an adjoining municipality, without the approval of thegoverning body of such municipality. The governing body shall conduct apublic hearing within fifteen days of notice, shall publicize the hearing inat least one newspaper having general circulation in the municipality, andshall vote to approve or disapprove the land disposal facility within thirtydays after the close of the hearing.
10. Upon receipt of an application for a permit to construct a solidwaste processing facility or disposal area, the department shall notify thepublic of such receipt:
(1) By legal notice published in a newspaper of general circulation inthe area of the proposed disposal area or processing facility;
(2) By certified mail to the governing body of the county or city inwhich the proposed disposal area or processing facility is to be located; and
(3) By mail to the last known address of all record owners of contiguousreal property or real property located within one thousand feet of theproposed disposal area and, for a proposed processing facility, notice asprovided in section 64.875, RSMo, or section 89.060, RSMo, whichever isapplicable.
(4) If an application for a construction permit meets all statutory andregulatory requirements for issuance, a public hearing on the draft permitshall be held by the department in the county in which the proposed solidwaste disposal area is to be located prior to the issuance of the permit. Thedepartment shall provide public notice of such hearing by both printed andbroadcast media at least thirty days prior to such hearing. Printednotification shall include publication in at least one newspaper havinggeneral circulation within the county in which the proposed disposal area isto be located. Broadcast notification shall include public serviceannouncements on radio stations that have broadcast coverage within the countyin which the proposed disposal area is to be located.
11. After the issuance of a construction permit for a solid wastedisposal area, but prior to the beginning of disposal operations, the ownerand the department shall execute an easement to allow the department, itsagents or its contractors to enter the premises to complete work specified inthe closure plan, or to monitor or maintain the site or to take remedialaction during the postclosure period. After issuance of a construction permitfor a solid waste disposal area, but prior to the beginning of disposaloperations, the owner shall submit evidence that he or she has recorded, inthe office of the recorder of deeds in the county where the disposal area islocated, a notice and covenant running with the land that the property hasbeen permitted as a solid waste disposal area and prohibits use of the land inany manner which interferes with the closure and, where appropriate,postclosure plans filed with the department.
12. Every person desiring to obtain a permit to operate a solid wastedisposal area or processing facility shall submit applicable information andapply for an operating permit from the department. The department shallreview the information and determine, within sixty days of receipt, whether itcomplies with the provisions of sections 260.200 to 260.345 and the rules andregulations adopted pursuant to sections 260.200 to 260.345. When the reviewreveals that the facility or area does conform with the provisions of sections260.200 to 260.345 and the rules and regulations adopted pursuant to sections260.200 to 260.345, the department shall issue a permit for the operation ofeach solid waste processing facility or solid waste disposal area and with anypermit terms and conditions which the department deems appropriate. In theevent that the facility or area fails to meet the rules and regulationsadopted pursuant to sections 260.200 to 260.345, the department shall issue areport to the applicant stating the reason for denial of a permit.
13. Each solid waste disposal area, except utility waste landfillsunless otherwise and to the extent required by the department, and those solidwaste processing facilities designated by rule, shall be operated under thedirection of a certified solid waste technician in accordance with sections260.200 to 260.345 and the rules and regulations promulgated pursuant tosections 260.200 to 260.345.
14. Base data for the quality and quantity of groundwater in the solidwaste disposal area shall be collected and submitted to the department priorto the operation of a new or expansion of an existing solid waste disposalarea. Base data shall include a chemical analysis of groundwater drawn fromthe proposed solid waste disposal area.
15. Leachate collection and removal systems shall be incorporated intonew or expanded sanitary landfills which are permitted after August 13, 1986.The department shall assess the need for a leachate collection system for alltypes of solid waste disposal areas, other than sanitary landfills, and theneed for monitoring wells when it evaluates the application for all new orexpanded solid waste disposal areas. The department may require an operatorof a solid waste disposal area to install a leachate collection system beforethe beginning of disposal operations, at any time during disposal operationsfor unfilled portions of the area, or for any portion of the disposal area asa part of a remedial plan. The department may require the operator to installmonitoring wells before the beginning of disposal operations or at any timeduring the operational life or postclosure care period if it concludes thatconditions at the area warrant such monitoring. The operator of a demolitionlandfill or utility waste landfill shall not be required to install a leachatecollection and removal system or monitoring wells unless otherwise and to theextent the department so requires based on hazardous waste characteristiccriteria or site specific geohydrological characteristics or conditions.
16. Permits granted by the department, as provided in sections 260.200to 260.345, shall be subject to suspension for a designated period of time,civil penalty or revocation whenever the department determines that the solidwaste processing facility or solid waste disposal area is, or has been,operated in violation of sections 260.200 to 260.345 or the rules orregulations adopted pursuant to sections 260.200 to 260.345, or has beenoperated in violation of any permit terms and conditions, or is creating apublic nuisance, health hazard, or environmental pollution. In the event apermit is suspended or revoked, the person named in the permit shall be fullyinformed as to the reasons for such action.
17. Each permit for operation of a facility or area shall be issued onlyto the person named in the application. Permits are transferable as amodification to the permit. An application to transfer ownership shallidentify the proposed permittee. A disclosure statement for the proposedpermittee listing violations contained in subsection 19 of this section shallbe submitted to the department. The operation and design plans for thefacility or area shall be updated to provide compliance with the currentlyapplicable law and rules. A financial assurance instrument in such an amountand form as prescribed by the department shall be provided for solid wastedisposal areas by the proposed permittee prior to transfer of the permit. Thefinancial assurance instrument of the original permittee shall not be releaseduntil the new permittee's financial assurance instrument has been approved bythe department and the transfer of ownership is complete.
18. Those solid waste disposal areas permitted on January 1, 1996,shall, upon submission of a request for permit modification, be granted asolid waste management area operating permit if the request meets reasonablerequirements set out by the department.
19. In case a permit required pursuant to this section is denied orrevoked, the person may request a hearing in accordance with section 260.235.
20. Any person seeking a permit or renewal of a permit to operate acommercial solid waste processing facility, or a solid waste disposal areashall, concurrently with the filing of application for a permit, file adisclosure statement with the department of natural resources. The disclosurestatement shall include, but not be limited to, a listing of any felonyconvictions by state or federal agencies, and a listing of other enforcementactions, sanctions, permit revocations or denials by any state or federalauthority of every person seeking a permit, including officers, directors,partners and facility or location managers of each person seeking a permit,any violations of Missouri environmental statutes, violations of theenvironmental statutes of other states or federal statutes and a listing ofconvictions for any crimes or criminal acts, an element of which involvesrestraint of trade, price-fixing, intimidation of the customers of anotherperson or for engaging in any other acts which may have the effect ofrestraining or limiting competition concerning activities regulated pursuantto this chapter or similar laws of other states or the federal government;except that convictions for violations by entities purchased or acquired by anapplicant or permittee which occurred prior to the purchase or acquisitionshall not be included. The department shall by rule, define thoseenvironmental violations which must be reported pursuant to this section. Forpurposes of this section, additional persons as required by rule shall benamed in the statement and violations or convictions of such persons shall belisted. The department or its representative shall verify the informationprovided on the disclosure statement prior to permit issuance. The disclosurestatement shall be used by the department in determining whether a permitshould be granted or denied on the basis of the applicant's status as ahabitual violator; however, the department has the authority to make ahabitual violator determination independent of the information contained inthe disclosure statement. After permit issuance, each facility shall annuallyfile an updated disclosure statement with the department of natural resourceson or before March thirty-first of each year. Any county, district,municipality, authority or other political subdivision of this state whichowns and operates a sanitary landfill shall be exempt from the provisions ofthis subsection.
21. Any person seeking a permit to operate a solid waste disposal area,a solid waste processing facility or a resource recovery facility shall,concurrently with the filing of the application for a permit, disclose anyconvictions in this state of municipal or county public health or land useordinances related to the management of solid waste. If the department findsthat there has been a continuing pattern of serious adjudicated violations bythe applicant, the department may deny the application.
22. No permit to construct or permit to operate shall be requiredpursuant to this section for any utility waste landfill located in a county ofthe third classification with a township form of government which has apopulation of at least eleven thousand inhabitants and no more than twelvethousand five hundred inhabitants according to the most recent decennialcensus, if such utility waste landfill complies with all design and operatingstandards and closure requirements applicable to utility waste landfillspursuant to sections 260.200 to 260.345 and provided that no waste disposed ofat such utility waste landfill is considered hazardous waste pursuant to theMissouri hazardous waste law.
