Hazardous waste fund created--payments--not to lapse--subaccountcreated, purpose--transfer of moneys--restrictions on use ofmoneys--general revenue appropriation to be requested annually.
260.391. 1. There is hereby created in the state treasury a fund tobe known as the "Hazardous Waste Fund". All funds received from hazardouswaste permit and license fees, generator fees or taxes, penalties, orinterest assessed on those fees or taxes, taxes collected by contracthazardous waste landfill operators, general revenue, federal funds, gifts,bequests, donations, or any other moneys so designated shall be paid to thedirector of revenue and deposited in the state treasury to the credit ofthe hazardous waste fund. The hazardous waste fund, subject toappropriation by the general assembly, shall be used by the department asprovided by appropriations and consistent with rules and regulationsestablished by the hazardous waste management commission for the purpose ofcarrying out the provisions of sections 260.350 to 260.430 and sections319.100 to 319.127, and 319.137, and 319.139, RSMo, for the management ofhazardous waste, responses to hazardous substance releases as provided insections 260.500 to 260.550, corrective actions at regulated facilities andillegal hazardous waste sites, prevention of leaks from underground storagetanks and response to petroleum releases from underground and abovegroundstorage tanks and other related activities required to carry out provisionsof sections 260.350 to 260.575 and sections 319.100 to 319.127, RSMo, andfor payments to other state agencies for such services consistent withsections 260.350 to 260.575 and sections 319.100 to 319.139, RSMo, uponproper warrant issued by the commissioner of administration, and for anyother expenditures which are not covered pursuant to the federalComprehensive Environmental Response, Compensation and Liability Act of1980, including but not limited to the following purposes:
(1) Administrative services as appropriate and necessary for theidentification, assessment and cleanup of abandoned or uncontrolled sitespursuant to sections 260.435 to 260.550;
(2) Payments to other state agencies for such services consistentwith sections 260.435 to 260.550, upon proper warrant issued by thecommissioner of administration, including, but not limited to, thedepartment of health and senior services for the purpose of conductinghealth studies of persons exposed to waste from an uncontrolled orabandoned hazardous waste site or exposed to the release of any hazardoussubstance as defined in section 260.500;
(3) Acquisition of property as provided in section 260.420;
(4) The study of the development of a hazardous waste facility inMissouri as authorized in section 260.037;
(5) Financing the nonfederal share of the cost of cleanup and siteremediation activities as well as postclosure operation and maintenancecosts, pursuant to the federal Comprehensive Environmental Response,Compensation and Liability Act of 1980; and
(6) Reimbursement of owners or operators who accept waste pursuant todepartmental orders pursuant to subdivision (2) of subsection 1 of section260.420.
2. The unexpended balance in the hazardous waste fund at the end ofeach fiscal year shall not be transferred to the general revenue fund ofthe state treasurer, except as directed by the general assembly byappropriation, and shall be invested to generate income to the fund. Theprovisions of section 33.080, RSMo, relating to the transfer of funds tothe general revenue fund of the state by the state treasurer shall notapply to the hazardous waste fund.
3. There is hereby created within the hazardous waste fund asubaccount known as the "Hazardous Waste Facility Inspection Subaccount".All funds received from hazardous waste facility inspection fees shall bepaid to the director of revenue and deposited in the state treasury to thecredit of the hazardous waste facility inspection subaccount. Moneys fromsuch subaccount shall be used by the department for conducting inspectionsat facilities that are permitted or are required to be permitted ashazardous waste facilities by the department.
4. The fund balance remaining in the hazardous waste remedial fundshall be transferred to the hazardous waste fund created in this section.
5. No moneys shall be available from the fund for abandoned sitecleanup unless the director has made all reasonable efforts to securevoluntary agreement to pay the costs of necessary remedial actions fromowners or operators of abandoned or uncontrolled hazardous waste sites orother responsible persons.
6. The director shall make all reasonable efforts to recover the fullamount of any funds expended from the fund for cleanup through litigationor cooperative agreements with responsible persons. All moneys recoveredor reimbursed pursuant to this section through voluntary agreements orcourt orders shall be deposited to the hazardous waste fund created herein.
7. In addition to revenue from all licenses, taxes, fees, penalties,and interest, specified in subsection 1 of this section, the departmentshall request an annual appropriation of general revenue equal to any statematch obligation to the U.S. Environmental Protection Agency for cleanupperformed pursuant to the authority of the Comprehensive EnvironmentalResponse, Compensation and Liability Act of 1980.
Hazardous waste fund created--payments--not to lapse--subaccountcreated, purpose--transfer of moneys--restrictions on use ofmoneys--general revenue appropriation to be requested annually.
260.391. 1. There is hereby created in the state treasury a fund tobe known as the "Hazardous Waste Fund". All funds received from hazardouswaste permit and license fees, generator fees or taxes, penalties, orinterest assessed on those fees or taxes, taxes collected by contracthazardous waste landfill operators, general revenue, federal funds, gifts,bequests, donations, or any other moneys so designated shall be paid to thedirector of revenue and deposited in the state treasury to the credit ofthe hazardous waste fund. The hazardous waste fund, subject toappropriation by the general assembly, shall be used by the department asprovided by appropriations and consistent with rules and regulationsestablished by the hazardous waste management commission for the purpose ofcarrying out the provisions of sections 260.350 to 260.430 and sections319.100 to 319.127, and 319.137, and 319.139, RSMo, for the management ofhazardous waste, responses to hazardous substance releases as provided insections 260.500 to 260.550, corrective actions at regulated facilities andillegal hazardous waste sites, prevention of leaks from underground storagetanks and response to petroleum releases from underground and abovegroundstorage tanks and other related activities required to carry out provisionsof sections 260.350 to 260.575 and sections 319.100 to 319.127, RSMo, andfor payments to other state agencies for such services consistent withsections 260.350 to 260.575 and sections 319.100 to 319.139, RSMo, uponproper warrant issued by the commissioner of administration, and for anyother expenditures which are not covered pursuant to the federalComprehensive Environmental Response, Compensation and Liability Act of1980, including but not limited to the following purposes:
(1) Administrative services as appropriate and necessary for theidentification, assessment and cleanup of abandoned or uncontrolled sitespursuant to sections 260.435 to 260.550;
(2) Payments to other state agencies for such services consistentwith sections 260.435 to 260.550, upon proper warrant issued by thecommissioner of administration, including, but not limited to, thedepartment of health and senior services for the purpose of conductinghealth studies of persons exposed to waste from an uncontrolled orabandoned hazardous waste site or exposed to the release of any hazardoussubstance as defined in section 260.500;
(3) Acquisition of property as provided in section 260.420;
(4) The study of the development of a hazardous waste facility inMissouri as authorized in section 260.037;
(5) Financing the nonfederal share of the cost of cleanup and siteremediation activities as well as postclosure operation and maintenancecosts, pursuant to the federal Comprehensive Environmental Response,Compensation and Liability Act of 1980; and
(6) Reimbursement of owners or operators who accept waste pursuant todepartmental orders pursuant to subdivision (2) of subsection 1 of section260.420.
2. The unexpended balance in the hazardous waste fund at the end ofeach fiscal year shall not be transferred to the general revenue fund ofthe state treasurer, except as directed by the general assembly byappropriation, and shall be invested to generate income to the fund. Theprovisions of section 33.080, RSMo, relating to the transfer of funds tothe general revenue fund of the state by the state treasurer shall notapply to the hazardous waste fund.
3. There is hereby created within the hazardous waste fund asubaccount known as the "Hazardous Waste Facility Inspection Subaccount".All funds received from hazardous waste facility inspection fees shall bepaid to the director of revenue and deposited in the state treasury to thecredit of the hazardous waste facility inspection subaccount. Moneys fromsuch subaccount shall be used by the department for conducting inspectionsat facilities that are permitted or are required to be permitted ashazardous waste facilities by the department.
4. The fund balance remaining in the hazardous waste remedial fundshall be transferred to the hazardous waste fund created in this section.
5. No moneys shall be available from the fund for abandoned sitecleanup unless the director has made all reasonable efforts to securevoluntary agreement to pay the costs of necessary remedial actions fromowners or operators of abandoned or uncontrolled hazardous waste sites orother responsible persons.
6. The director shall make all reasonable efforts to recover the fullamount of any funds expended from the fund for cleanup through litigationor cooperative agreements with responsible persons. All moneys recoveredor reimbursed pursuant to this section through voluntary agreements orcourt orders shall be deposited to the hazardous waste fund created herein.
7. In addition to revenue from all licenses, taxes, fees, penalties,and interest, specified in subsection 1 of this section, the departmentshall request an annual appropriation of general revenue equal to any statematch obligation to the U.S. Environmental Protection Agency for cleanupperformed pursuant to the authority of the Comprehensive EnvironmentalResponse, Compensation and Liability Act of 1980.
Hazardous waste fund created--payments--not to lapse--subaccountcreated, purpose--transfer of moneys--restrictions on use ofmoneys--general revenue appropriation to be requested annually.
260.391. 1. There is hereby created in the state treasury a fund tobe known as the "Hazardous Waste Fund". All funds received from hazardouswaste permit and license fees, generator fees or taxes, penalties, orinterest assessed on those fees or taxes, taxes collected by contracthazardous waste landfill operators, general revenue, federal funds, gifts,bequests, donations, or any other moneys so designated shall be paid to thedirector of revenue and deposited in the state treasury to the credit ofthe hazardous waste fund. The hazardous waste fund, subject toappropriation by the general assembly, shall be used by the department asprovided by appropriations and consistent with rules and regulationsestablished by the hazardous waste management commission for the purpose ofcarrying out the provisions of sections 260.350 to 260.430 and sections319.100 to 319.127, and 319.137, and 319.139, RSMo, for the management ofhazardous waste, responses to hazardous substance releases as provided insections 260.500 to 260.550, corrective actions at regulated facilities andillegal hazardous waste sites, prevention of leaks from underground storagetanks and response to petroleum releases from underground and abovegroundstorage tanks and other related activities required to carry out provisionsof sections 260.350 to 260.575 and sections 319.100 to 319.127, RSMo, andfor payments to other state agencies for such services consistent withsections 260.350 to 260.575 and sections 319.100 to 319.139, RSMo, uponproper warrant issued by the commissioner of administration, and for anyother expenditures which are not covered pursuant to the federalComprehensive Environmental Response, Compensation and Liability Act of1980, including but not limited to the following purposes:
(1) Administrative services as appropriate and necessary for theidentification, assessment and cleanup of abandoned or uncontrolled sitespursuant to sections 260.435 to 260.550;
(2) Payments to other state agencies for such services consistentwith sections 260.435 to 260.550, upon proper warrant issued by thecommissioner of administration, including, but not limited to, thedepartment of health and senior services for the purpose of conductinghealth studies of persons exposed to waste from an uncontrolled orabandoned hazardous waste site or exposed to the release of any hazardoussubstance as defined in section 260.500;
(3) Acquisition of property as provided in section 260.420;
(4) The study of the development of a hazardous waste facility inMissouri as authorized in section 260.037;
(5) Financing the nonfederal share of the cost of cleanup and siteremediation activities as well as postclosure operation and maintenancecosts, pursuant to the federal Comprehensive Environmental Response,Compensation and Liability Act of 1980; and
(6) Reimbursement of owners or operators who accept waste pursuant todepartmental orders pursuant to subdivision (2) of subsection 1 of section260.420.
2. The unexpended balance in the hazardous waste fund at the end ofeach fiscal year shall not be transferred to the general revenue fund ofthe state treasurer, except as directed by the general assembly byappropriation, and shall be invested to generate income to the fund. Theprovisions of section 33.080, RSMo, relating to the transfer of funds tothe general revenue fund of the state by the state treasurer shall notapply to the hazardous waste fund.
3. There is hereby created within the hazardous waste fund asubaccount known as the "Hazardous Waste Facility Inspection Subaccount".All funds received from hazardous waste facility inspection fees shall bepaid to the director of revenue and deposited in the state treasury to thecredit of the hazardous waste facility inspection subaccount. Moneys fromsuch subaccount shall be used by the department for conducting inspectionsat facilities that are permitted or are required to be permitted ashazardous waste facilities by the department.
4. The fund balance remaining in the hazardous waste remedial fundshall be transferred to the hazardous waste fund created in this section.
5. No moneys shall be available from the fund for abandoned sitecleanup unless the director has made all reasonable efforts to securevoluntary agreement to pay the costs of necessary remedial actions fromowners or operators of abandoned or uncontrolled hazardous waste sites orother responsible persons.
6. The director shall make all reasonable efforts to recover the fullamount of any funds expended from the fund for cleanup through litigationor cooperative agreements with responsible persons. All moneys recoveredor reimbursed pursuant to this section through voluntary agreements orcourt orders shall be deposited to the hazardous waste fund created herein.
7. In addition to revenue from all licenses, taxes, fees, penalties,and interest, specified in subsection 1 of this section, the departmentshall request an annual appropriation of general revenue equal to any statematch obligation to the U.S. Environmental Protection Agency for cleanupperformed pursuant to the authority of the Comprehensive EnvironmentalResponse, Compensation and Liability Act of 1980.
