Duties of hazardous waste facility owners and operators--tax to becollected, disposition--duties upon termination of use offacility--inspection fees, commercial facilities, requirements.
260.390. 1. After six months from the effective date ofthe standards, rules and regulations adopted by the commissionpursuant to section 260.370, hazardous waste facility owners oroperators shall:
(1) Not construct, substantially alter or operate,including all postclosure activities and operations specified inthe rules and regulations, a hazardous waste facility withoutfirst obtaining a hazardous waste facility permit from thedepartment as specified in section 260.395;
(2) Operate the facility according to the standards, rulesand regulations adopted under sections 260.350 to 260.430 and allterms and conditions of the permit;
(3) Unless otherwise provided in sections 260.350 to260.430 or the rules and regulations adopted hereunder, acceptdelivery of hazardous waste only if delivery is by a hazardouswaste transporter holding a license under sections 260.350 to260.430, the shipment is accompanied by a manifest properlycompleted by both the generator and transporter and theirfacility is the destination indicated by the generator on themanifest. Exempted from the requirements of this subsection aredeliveries, when directed by the department, from householders,farmers and other persons exempted from generatorresponsibilities under provisions of section 260.380 anddeliveries made in emergency situations as specified in sections260.350 to 260.550 or the rules and regulations adoptedhereunder. For such exempted deliveries they shall make a recordof any waste accepted, its type, quantity, origin and theidentity of the person making the delivery and promptly reportthis information to the department;
(4) Complete, sign and file the facility operator portionof the manifest as specified in rules and regulations adoptedunder sections 260.350 to 260.430;
(5) Whenever final disposition is to be achieved at anotherhazardous waste or exempted facility, initiate a new manifest andcomply with the other responsibilities of generators specified insections 260.350 to 260.430 and in rules and regulations andterms and conditions of their permit adopted or issued hereunder;
(6) Collect and maintain such records, submit such reportsand perform such monitoring as specified in sections 260.350 to260.430 and in rules and regulations and terms and conditions oftheir permit adopted or issued hereunder;
(7) Make available to the department, upon request, samplesof wastes received and all records, for inspection and copying,relating to hazardous waste management and allow the departmentto make unhampered inspections at any reasonable time of allfacilities and equipment.
2. All hazardous waste landfills shall collect, on behalfof the state from each hazardous waste generator or transporter,a tax equal to two percent of the gross charges and fees chargedsuch generator for disposal at the landfill site to be placed inthe hazardous waste fund to be used solely for the administrationof sections 260.350 to 260.430. The tax shall be accounted forseparately on the statement of charges and fees made to thehazardous waste generator and shall be collected at the time ofthe collection of such charges and fees. All moneys payableunder the provisions of this subsection shall be promptlytransmitted to the department of revenue, which shall dailydeposit the same in the state treasury to the credit of thehazardous waste fund. The hazardous waste management commissionshall establish and submit to the department of revenueprocedures relating to the collection of the taxes authorized bythis subsection. Such procedures shall include, but not belimited to, necessary records identifying the quantities ofhazardous waste received, the form and submission of reports toaccompany the payment of taxes, the time and manner of payment oftaxes, which shall not be more often than quarterly.
3. The owner or operator of a hazardous waste disposalfacility must close that facility upon termination of itsoperation, and shall after closure of the facility provide forprotection during a postclosure care period, in accordance withthe requirements of the commission, including the funds necessaryfor same. Protection shall include, but not be limited to,monitoring and maintenance subject to the rules and regulationsof the hazardous waste management commission. The owner oroperator shall maintain a hazardous waste facility permit for thepostclosure care period. The operator and the state may enterinto an agreement consistent with the rules and regulations ofthe hazardous waste management commission where the state mayaccept deed to, and monitor and maintain the site.
4. All owners or operators of hazardous waste facilitieswho have obtained, or are required to obtain, a hazardous wastefacility permit from the department and who accept, on acommercial basis for remuneration, hazardous waste from off-sitesources, but not including wastes generated by the same person atother sites located in Missouri or within a metropolitanstatistical area located partially in Missouri and owned oroperated by the same person and transferred to the hazardouswaste facility, for treatment, storage or disposal, shall payfees for inspections conducted by the department to determinecompliance with sections 260.350 to 260.430 and the rulespromulgated thereunder. Hazardous waste facility inspection feesshall be specified by the hazardous waste management commissionby rule. The inspection fees shall be used by the department asspecified in subsection 3 of section 260.391.
Duties of hazardous waste facility owners and operators--tax to becollected, disposition--duties upon termination of use offacility--inspection fees, commercial facilities, requirements.
260.390. 1. After six months from the effective date ofthe standards, rules and regulations adopted by the commissionpursuant to section 260.370, hazardous waste facility owners oroperators shall:
(1) Not construct, substantially alter or operate,including all postclosure activities and operations specified inthe rules and regulations, a hazardous waste facility withoutfirst obtaining a hazardous waste facility permit from thedepartment as specified in section 260.395;
(2) Operate the facility according to the standards, rulesand regulations adopted under sections 260.350 to 260.430 and allterms and conditions of the permit;
(3) Unless otherwise provided in sections 260.350 to260.430 or the rules and regulations adopted hereunder, acceptdelivery of hazardous waste only if delivery is by a hazardouswaste transporter holding a license under sections 260.350 to260.430, the shipment is accompanied by a manifest properlycompleted by both the generator and transporter and theirfacility is the destination indicated by the generator on themanifest. Exempted from the requirements of this subsection aredeliveries, when directed by the department, from householders,farmers and other persons exempted from generatorresponsibilities under provisions of section 260.380 anddeliveries made in emergency situations as specified in sections260.350 to 260.550 or the rules and regulations adoptedhereunder. For such exempted deliveries they shall make a recordof any waste accepted, its type, quantity, origin and theidentity of the person making the delivery and promptly reportthis information to the department;
(4) Complete, sign and file the facility operator portionof the manifest as specified in rules and regulations adoptedunder sections 260.350 to 260.430;
(5) Whenever final disposition is to be achieved at anotherhazardous waste or exempted facility, initiate a new manifest andcomply with the other responsibilities of generators specified insections 260.350 to 260.430 and in rules and regulations andterms and conditions of their permit adopted or issued hereunder;
(6) Collect and maintain such records, submit such reportsand perform such monitoring as specified in sections 260.350 to260.430 and in rules and regulations and terms and conditions oftheir permit adopted or issued hereunder;
(7) Make available to the department, upon request, samplesof wastes received and all records, for inspection and copying,relating to hazardous waste management and allow the departmentto make unhampered inspections at any reasonable time of allfacilities and equipment.
2. All hazardous waste landfills shall collect, on behalfof the state from each hazardous waste generator or transporter,a tax equal to two percent of the gross charges and fees chargedsuch generator for disposal at the landfill site to be placed inthe hazardous waste fund to be used solely for the administrationof sections 260.350 to 260.430. The tax shall be accounted forseparately on the statement of charges and fees made to thehazardous waste generator and shall be collected at the time ofthe collection of such charges and fees. All moneys payableunder the provisions of this subsection shall be promptlytransmitted to the department of revenue, which shall dailydeposit the same in the state treasury to the credit of thehazardous waste fund. The hazardous waste management commissionshall establish and submit to the department of revenueprocedures relating to the collection of the taxes authorized bythis subsection. Such procedures shall include, but not belimited to, necessary records identifying the quantities ofhazardous waste received, the form and submission of reports toaccompany the payment of taxes, the time and manner of payment oftaxes, which shall not be more often than quarterly.
3. The owner or operator of a hazardous waste disposalfacility must close that facility upon termination of itsoperation, and shall after closure of the facility provide forprotection during a postclosure care period, in accordance withthe requirements of the commission, including the funds necessaryfor same. Protection shall include, but not be limited to,monitoring and maintenance subject to the rules and regulationsof the hazardous waste management commission. The owner oroperator shall maintain a hazardous waste facility permit for thepostclosure care period. The operator and the state may enterinto an agreement consistent with the rules and regulations ofthe hazardous waste management commission where the state mayaccept deed to, and monitor and maintain the site.
4. All owners or operators of hazardous waste facilitieswho have obtained, or are required to obtain, a hazardous wastefacility permit from the department and who accept, on acommercial basis for remuneration, hazardous waste from off-sitesources, but not including wastes generated by the same person atother sites located in Missouri or within a metropolitanstatistical area located partially in Missouri and owned oroperated by the same person and transferred to the hazardouswaste facility, for treatment, storage or disposal, shall payfees for inspections conducted by the department to determinecompliance with sections 260.350 to 260.430 and the rulespromulgated thereunder. Hazardous waste facility inspection feesshall be specified by the hazardous waste management commissionby rule. The inspection fees shall be used by the department asspecified in subsection 3 of section 260.391.
Duties of hazardous waste facility owners and operators--tax to becollected, disposition--duties upon termination of use offacility--inspection fees, commercial facilities, requirements.
260.390. 1. After six months from the effective date ofthe standards, rules and regulations adopted by the commissionpursuant to section 260.370, hazardous waste facility owners oroperators shall:
(1) Not construct, substantially alter or operate,including all postclosure activities and operations specified inthe rules and regulations, a hazardous waste facility withoutfirst obtaining a hazardous waste facility permit from thedepartment as specified in section 260.395;
(2) Operate the facility according to the standards, rulesand regulations adopted under sections 260.350 to 260.430 and allterms and conditions of the permit;
(3) Unless otherwise provided in sections 260.350 to260.430 or the rules and regulations adopted hereunder, acceptdelivery of hazardous waste only if delivery is by a hazardouswaste transporter holding a license under sections 260.350 to260.430, the shipment is accompanied by a manifest properlycompleted by both the generator and transporter and theirfacility is the destination indicated by the generator on themanifest. Exempted from the requirements of this subsection aredeliveries, when directed by the department, from householders,farmers and other persons exempted from generatorresponsibilities under provisions of section 260.380 anddeliveries made in emergency situations as specified in sections260.350 to 260.550 or the rules and regulations adoptedhereunder. For such exempted deliveries they shall make a recordof any waste accepted, its type, quantity, origin and theidentity of the person making the delivery and promptly reportthis information to the department;
(4) Complete, sign and file the facility operator portionof the manifest as specified in rules and regulations adoptedunder sections 260.350 to 260.430;
(5) Whenever final disposition is to be achieved at anotherhazardous waste or exempted facility, initiate a new manifest andcomply with the other responsibilities of generators specified insections 260.350 to 260.430 and in rules and regulations andterms and conditions of their permit adopted or issued hereunder;
(6) Collect and maintain such records, submit such reportsand perform such monitoring as specified in sections 260.350 to260.430 and in rules and regulations and terms and conditions oftheir permit adopted or issued hereunder;
(7) Make available to the department, upon request, samplesof wastes received and all records, for inspection and copying,relating to hazardous waste management and allow the departmentto make unhampered inspections at any reasonable time of allfacilities and equipment.
2. All hazardous waste landfills shall collect, on behalfof the state from each hazardous waste generator or transporter,a tax equal to two percent of the gross charges and fees chargedsuch generator for disposal at the landfill site to be placed inthe hazardous waste fund to be used solely for the administrationof sections 260.350 to 260.430. The tax shall be accounted forseparately on the statement of charges and fees made to thehazardous waste generator and shall be collected at the time ofthe collection of such charges and fees. All moneys payableunder the provisions of this subsection shall be promptlytransmitted to the department of revenue, which shall dailydeposit the same in the state treasury to the credit of thehazardous waste fund. The hazardous waste management commissionshall establish and submit to the department of revenueprocedures relating to the collection of the taxes authorized bythis subsection. Such procedures shall include, but not belimited to, necessary records identifying the quantities ofhazardous waste received, the form and submission of reports toaccompany the payment of taxes, the time and manner of payment oftaxes, which shall not be more often than quarterly.
3. The owner or operator of a hazardous waste disposalfacility must close that facility upon termination of itsoperation, and shall after closure of the facility provide forprotection during a postclosure care period, in accordance withthe requirements of the commission, including the funds necessaryfor same. Protection shall include, but not be limited to,monitoring and maintenance subject to the rules and regulationsof the hazardous waste management commission. The owner oroperator shall maintain a hazardous waste facility permit for thepostclosure care period. The operator and the state may enterinto an agreement consistent with the rules and regulations ofthe hazardous waste management commission where the state mayaccept deed to, and monitor and maintain the site.
4. All owners or operators of hazardous waste facilitieswho have obtained, or are required to obtain, a hazardous wastefacility permit from the department and who accept, on acommercial basis for remuneration, hazardous waste from off-sitesources, but not including wastes generated by the same person atother sites located in Missouri or within a metropolitanstatistical area located partially in Missouri and owned oroperated by the same person and transferred to the hazardouswaste facility, for treatment, storage or disposal, shall payfees for inspections conducted by the department to determinecompliance with sections 260.350 to 260.430 and the rulespromulgated thereunder. Hazardous waste facility inspection feesshall be specified by the hazardous waste management commissionby rule. The inspection fees shall be used by the department asspecified in subsection 3 of section 260.391.
