Transportation of hazardous waste, how permitted--fees, howdetermined--notice prior to issuance of permit--permit notrequired of whom--application for certification, when--permitmaintained for postclosure care period--leachate collectionsystem required--railroad hazardous waste transportation, fee.
260.395. 1. After six months from the effective date of thestandards, rules and regulations adopted by the commission pursuant tosection 260.370, it shall be unlawful for any person to transport anyhazardous waste in this state without first obtaining a hazardous wastetransporter license. Any person transporting hazardous waste in this stateshall file an application for a license pursuant to this subsection whichshall:
(1) Be submitted on a form provided for this purpose by thedepartment and shall furnish the department with such equipmentidentification and data as may be necessary to demonstrate to thesatisfaction of the department that equipment engaged in suchtransportation of hazardous waste, and other equipment as designated inrules and regulations pursuant to sections 260.350 to 260.430, is adequateto provide protection of the health of humans and the environment and tocomply with the provisions of any federal hazardous waste management actand sections 260.350 to 260.430 and the standards, rules and regulationsadopted pursuant to sections 260.350 to 260.430. If approved by thedepartment, this demonstration of protection may be satisfied by providingcertification that the equipment so identified meets and will be operatedin accordance with the rules and regulations of the Missouri public servicecommission and the federal Department of Transportation for thetransportation of the types of hazardous materials for which it will beused;
(2) Include, as specified by rules and regulations, demonstration offinancial responsibility, including, but not limited to, guarantees,liability insurance, posting of bond or any combination thereof which shallbe related to the number of units, types and sizes of equipment to be usedin the transport of hazardous waste by the applicant;
(3) Include, as specified in rules and regulations, a fee payable tothe state of Missouri which shall consist of an annual application fee,plus an annual use fee based upon tonnage, mileage or a combination oftonnage and mileage. The fees established pursuant to this subdivisionshall be set to generate, as nearly as is practicable, six hundred thousanddollars annually. No fee shall be collected pursuant to this subdivisionfrom railroads that pay a fee pursuant to subsection 19 of this section.Fees collected pursuant to this subdivision shall be deposited in thehazardous waste fund created pursuant to section 260.391.
2. If the department determines the application conforms to theprovisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430, it shall issue the hazardous wastetransporter license with such terms and conditions as it deems necessary toprotect the health of humans and the environment. The department shall actwithin ninety days after receipt of the application. If the departmentdenies the license, it shall issue a report to the applicant stating thereason for denial of the license.
3. A license may be suspended or revoked whenever the departmentdetermines that the equipment is or has been operated in violation of anyprovision of sections 260.350 to 260.430 or any standard, rule orregulation, order, or license term or condition adopted or issued pursuantto sections 260.350 to 260.430, poses a threat to the health of humans orthe environment, or is creating a public nuisance.
4. Whenever a license is issued, renewed, denied, suspended orrevoked by the department, any aggrieved person, by petition filed with thedepartment within thirty days of the decision, may appeal such decision andshall be entitled to a hearing as provided in section 260.400.
5. A license shall be issued for a period of one year and shall berenewed upon proper application by the holder and a determination by thedepartment that the applicant is in compliance with all provisions ofsections 260.350 to 260.430 and all standards, rules and regulations,orders and license terms and conditions adopted or issued pursuant tosections 260.350 to 260.430.
6. A license is not required for the transport of any hazardous wasteon the premises where it is generated or onto contiguous property owned bythe generator thereof, or for those persons exempted in section 260.380.Nothing in this subsection shall be interpreted to preclude the departmentfrom inspecting unlicensed hazardous waste transporting equipment and torequire that it be adequate to provide protection for the health of humansand the environment.
7. After six months from the effective date of the standards, rulesand regulations adopted by the commission pursuant to section 260.370, itshall be unlawful for any person to construct, substantially alter oroperate, including postclosure activities and operations specified in therules and regulations, a hazardous waste facility without first obtaining ahazardous waste facility permit for such construction, alteration oroperation from the department. Such person must submit to the departmentat least ninety days prior to submitting a permit application a letter ofintent to construct, substantially alter or operate any hazardous wastedisposal facility. The person must file an application within one hundredeighty days of the filing of a letter of intent unless granted an extensionby the commission. The department shall publish such letter of intent asspecified in section 493.050, RSMo, within ten days of receipt of suchletter. The letter shall be published once each week for four weeks in thecounty where the hazardous waste disposal facility is proposed. Once suchletter is submitted, all conditions for the permit application evaluationpurposes in existence as of the date of submission shall be deemed frozen,in that no subsequent action by any person to change such conditions in anattempt to thwart a fair and impartial decision on the application for apermit shall be allowed as grounds for denial of the permit. Any personbefore constructing, substantially altering or operating a hazardous wastefacility in this state shall file an application for a permit which shall:
(1) Be submitted on a form provided for this purpose by thedepartment and shall furnish the department with plans, specifications andsuch other data as may be necessary to demonstrate to the satisfaction ofthe department that such facility does or will provide adequate protectionof the health of humans and the environment and does or will comply withthe provisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430;
(2) Include plans, designs, engineering reports and relevant data forconstruction, alteration or operation of a hazardous waste facility, to besubmitted to the department by a registered professional engineer licensedby this state;
(3) Include, as specified by rules and regulations, demonstration offinancial responsibility, including, but not limited to, guarantees,liability insurance, posting of bond or any combination thereof, whichshall be related to type and size of facility;
(4) Include such environmental and geologic information, assessmentsand studies as required by the rules and regulations of the commission;
(5) Submit with the application for a hazardous waste disposal ortreatment facility a profile of the environmental and economiccharacteristics of the area as required by the commission, including theextent of air pollution and groundwater contamination; and a profile of thehealth characteristics of the area which identifies all serious illness,the rate of which exceeds the state average for such illness, which mightbe attributable to environmental contamination;
(6) Include a fee payable to the state of Missouri which shall notexceed one thousand dollars, which shall cover the first year of thepermit, if issued, but which is not refundable. If the permit is issuedfor more than one year, a fee equal in amount to the first year's fee shallbe paid to the state of Missouri prior to issuance of the permit for eachyear the permit is to be in effect beyond the first year;
(7) The department shall supervise any field work undertaken tocollect geologic and engineering data for submission with the application.The state geologist and departmental engineers shall review the geologicand engineering plans, respectively, and attest to their accuracy andadequacy. The applicant shall pay all reasonable costs, as determined bythe commission, incurred by the department pursuant to this subsection.
8. (1) Prior to issuing or renewing a hazardous waste facilitypermit, the department shall issue public notice by press release oradvertisement and shall notify all record owners of adjoining property bymail directed to the last known address, and the village, town or city, ifany, and the county in which the hazardous waste facility is located; and,upon request, shall hold a public hearing after public notice as requiredin this subsection at a location convenient to the area affected by theissuance of the permit.
(2) Prior to issuing, reviewing every five years as required insubsection 12 of this section, or renewing a hazardous waste disposalfacility permit the department shall issue public notice by press releaseand advertisement and shall notify all record owners of property, withinone mile of the outer boundaries of the site, by mail directed to the lastknown address; and shall hold a public hearing after public notice asrequired in this subsection at a location convenient to the area affectedby the issuance of the permit.
9. If the department determines that the application conforms to theprovisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430, it shall issue the hazardous wastefacility permit, with such terms and conditions and require such testingand construction supervision as it deems necessary to protect the health ofhumans or the environment. The department shall act within one hundred andeighty days after receipt of the application. If the department denies thepermit, it shall issue a report to the applicant stating the reason fordenial of a permit.
10. A permit may be suspended or revoked whenever the departmentdetermines that the hazardous waste facility is, or has been, operated inviolation of any provision of sections 260.350 to 260.430 or any standard,rule or regulation, order or permit term or condition adopted or issuedpursuant to sections 260.350 to 260.430, poses a threat to the health ofhumans or the environment or is creating a public nuisance.
11. Whenever a permit is issued, renewed, denied, suspended orrevoked by the department, any aggrieved person, by petition filed with thedepartment within thirty days of the decision, may appeal such decision andshall be entitled to a hearing as provided in section 260.400.
12. A permit shall be issued for a fixed term, which shall not exceedten years in the case of any land disposal facility, storage facility,incinerator, or other treatment facility. Each permit for a land disposalfacility shall be reviewed five years after the date of its issuance orreissuance and shall be modified as necessary to assure that the facilitycontinues to comply with the currently applicable requirements of federaland state law. Nothing in this subsection shall preclude the departmentfrom reviewing and modifying a permit at any time during its term. Reviewof any application for a permit renewal shall consider improvements in thestate of control and measurement technology as well as changes inapplicable regulations. Each permit issued pursuant to this section shallcontain such terms and conditions as the department determines necessary toprotect human health and the environment, and upon proper application bythe holder and a determination by the department that the applicant is incompliance with all provisions of sections 260.350 to 260.430 and allstandards, rules and regulations, orders and permit terms and conditionsadopted or issued pursuant to sections 260.350 to 260.430.
13. A hazardous waste facility permit is not required for:
(1) On-site storage of hazardous wastes where such storage isexempted by the commission by rule or regulation; however, such storagemust conform to the provisions of any federal hazardous waste managementact and sections 260.350 to 260.430 and the applicable standards, rules andregulations adopted pursuant to sections 260.350 to 260.430 and any otherapplicable hazardous materials storage and spill-prevention requirementsprovided by law;
(2) A publicly owned treatment works which has an operating permitpursuant to section 644.051, RSMo, and is in compliance with that permit;
(3) A resource recovery facility which the department certifies useshazardous waste as a supplement to, or substitute for, nonwaste material,and that the sole purpose of the facility is manufacture of a productrather than treatment or disposal of hazardous wastes;
(4) That portion of a facility engaged in hazardous waste resourcerecovery, when the facility is engaged in both resource recovery andhazardous waste treatment or disposal, provided the owner or operator candemonstrate to the department's satisfaction and the department finds thatsuch portion is not intended and is not used for hazardous waste treatmentor disposal.
14. Facilities exempted pursuant to subsection 13 of this sectionmust comply with the provisions of subdivisions (3) to (7) of section260.390 and such other requirements, to be specified by rules andregulations, as are necessary to comply with any federal hazardous wastemanagement act or regulations hereunder. Generators who use such anexempted facility shall keep records of hazardous wastes transported,except by legal flow through sewer lines, to the facility and submit suchrecords to the department in accordance with the provisions of section260.380 and the standards, rules and regulations adopted pursuant tosections 260.350 to 260.430. Any person, before constructing, altering oroperating a resource recovery facility in this state shall file anapplication for a certification. Such application shall include:
(1) Plans, designs, engineering reports and other relevantinformation as specified by rule that demonstrate that the facility isdesigned and will operate in a manner protective of human health and theenvironment; and
(2) An application fee of not more than five hundred dollars for afacility that recovers waste generated at the same facility or anapplication fee of not more than one thousand dollars for a facility thatrecovers waste generated at off-site sources. Such fees shall be depositedin the hazardous waste fund created in section 260.391.
The department shall review such application for conformance withapplicable laws, rules and standard engineering principles and practices.The applicant shall pay to the department all reasonable costs, asdetermined by the commission, incurred by the department pursuant to thissubsection. All such funds shall be deposited in the hazardous waste fundcreated in section 260.391.
15. The owner or operator of any hazardous waste facility inexistence on September 28, 1977, who has achieved federal interim statuspursuant to 42 U.S.C. 6925(e), and who has submitted to the department PartA of the federal facility permit application, may continue to receive andmanage hazardous wastes in the manner as specified in the Part Aapplication, and in accordance with federal interim status requirements,until completion of the administrative disposition of a permit applicationsubmitted pursuant to sections 260.350 to 260.430. The department may atany time require submission of, or the owner or operator may at any timevoluntarily submit, a complete application for a permit pursuant tosections 260.350 to 260.430 and commission regulations. The authority tooperate pursuant to this subsection shall cease one hundred eighty daysafter the department has notified an owner or operator that an applicationfor permit pursuant to sections 260.350 to 260.430 must be submitted,unless within such time the owner or operator submits a completedapplication therefor. Upon submission of a complete application, theauthority to operate pursuant to this subsection shall continue for suchreasonable time as is required to complete the administrative dispositionof the permit application. If a facility loses its federal interim status,or the Environmental Protection Agency requires the owner or operator tosubmit Part B of the federal application, the department shall notify theowner or operator that an application for a permit must be submittedpursuant to this subsection. In addition to compliance with the federalinterim status requirements, the commission shall have the authority toadopt regulations requiring persons operating pursuant to this subsectionto meet additional state interim status requirements.
16. A license or permit shall not be issued to any person who isdetermined by the department to habitually engage in or to have habituallyengaged in hazardous waste management practices which pose a threat to thehealth of humans or the environment or who is determined by the departmentto habitually violate or to have habitually violated the requirements ofthe Missouri solid or hazardous waste laws, the solid or hazardous wastelaws of other states or federal laws pertaining to hazardous waste. Norshall a license or permit be issued to any person who has been adjudged incontempt of any court order enforcing the provisions of the Missouri solidor hazardous waste laws, the solid or hazardous waste laws of other statesor federal laws pertaining to hazardous waste or who has offered, in personor through an agent, any inducement, including any discussion of potentialemployment opportunities, to any employee of the department when suchperson has an application for a permit pending or a permit under review.For the purposes of this subsection, the term "person" shall include anyofficer or management employee of the applicant, or any officer ormanagement employee of any corporation or business which owns an interestin the applicant, or any officer or management employee of any businesswhich is owned either wholly or in part by any person, corporation, orbusiness which owns an interest in the applicant.
17. No person, otherwise qualified pursuant to sections 260.350 to260.430 for a license to transport hazardous wastes or for a permit toconstruct, substantially alter or operate a hazardous waste facility, shallbe denied such license or permit on the basis of a lack of need for suchtransport service or such facility because of the existence of otherservices or facilities capable of meeting that need; except that permitsfor hazardous waste facilities may be denied on determination made by thedepartment that the financial resources of the persons applying are suchthat the continued operation of the sites in accordance with sections260.350 to 260.430 cannot be reasonably assured or on determination made bythe department that the probable volume of business is insufficient toensure and maintain the solvency of then existing permitted hazardous wastefacilities.
18. All hazardous waste landfills constructed after October 31, 1980,shall have a leachate collection system. The rules and regulations of thecommission shall treat and protect all aquifers to the same level ofprotection. The provisions of this subsection shall not apply to thedisposal of tailings and slag resulting from mining, milling and primarysmelting operations.
19. Any railroad corporation as defined in section 388.010, RSMo,that transports any hazardous waste as defined in section 260.360 or anyhazardous substance as defined in section 260.500 shall pay an annual feeof three hundred fifty dollars. Fees collected pursuant to this subsectionshall be deposited in the hazardous waste fund created in section 260.391.
Fee for transportation of hazardous waste, used oil, or infectious waste, amount to be established by Missouri hazardous waste management commission, RSMo 226.008
Transportation of hazardous waste by motor carriers, regulation of, transferred to highways and transportation commission, RSMo 226.008
Transportation of hazardous waste, how permitted--fees, howdetermined--notice prior to issuance of permit--permit notrequired of whom--application for certification, when--permitmaintained for postclosure care period--leachate collectionsystem required--railroad hazardous waste transportation, fee.
260.395. 1. After six months from the effective date of thestandards, rules and regulations adopted by the commission pursuant tosection 260.370, it shall be unlawful for any person to transport anyhazardous waste in this state without first obtaining a hazardous wastetransporter license. Any person transporting hazardous waste in this stateshall file an application for a license pursuant to this subsection whichshall:
(1) Be submitted on a form provided for this purpose by thedepartment and shall furnish the department with such equipmentidentification and data as may be necessary to demonstrate to thesatisfaction of the department that equipment engaged in suchtransportation of hazardous waste, and other equipment as designated inrules and regulations pursuant to sections 260.350 to 260.430, is adequateto provide protection of the health of humans and the environment and tocomply with the provisions of any federal hazardous waste management actand sections 260.350 to 260.430 and the standards, rules and regulationsadopted pursuant to sections 260.350 to 260.430. If approved by thedepartment, this demonstration of protection may be satisfied by providingcertification that the equipment so identified meets and will be operatedin accordance with the rules and regulations of the Missouri public servicecommission and the federal Department of Transportation for thetransportation of the types of hazardous materials for which it will beused;
(2) Include, as specified by rules and regulations, demonstration offinancial responsibility, including, but not limited to, guarantees,liability insurance, posting of bond or any combination thereof which shallbe related to the number of units, types and sizes of equipment to be usedin the transport of hazardous waste by the applicant;
(3) Include, as specified in rules and regulations, a fee payable tothe state of Missouri which shall consist of an annual application fee,plus an annual use fee based upon tonnage, mileage or a combination oftonnage and mileage. The fees established pursuant to this subdivisionshall be set to generate, as nearly as is practicable, six hundred thousanddollars annually. No fee shall be collected pursuant to this subdivisionfrom railroads that pay a fee pursuant to subsection 19 of this section.Fees collected pursuant to this subdivision shall be deposited in thehazardous waste fund created pursuant to section 260.391.
2. If the department determines the application conforms to theprovisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430, it shall issue the hazardous wastetransporter license with such terms and conditions as it deems necessary toprotect the health of humans and the environment. The department shall actwithin ninety days after receipt of the application. If the departmentdenies the license, it shall issue a report to the applicant stating thereason for denial of the license.
3. A license may be suspended or revoked whenever the departmentdetermines that the equipment is or has been operated in violation of anyprovision of sections 260.350 to 260.430 or any standard, rule orregulation, order, or license term or condition adopted or issued pursuantto sections 260.350 to 260.430, poses a threat to the health of humans orthe environment, or is creating a public nuisance.
4. Whenever a license is issued, renewed, denied, suspended orrevoked by the department, any aggrieved person, by petition filed with thedepartment within thirty days of the decision, may appeal such decision andshall be entitled to a hearing as provided in section 260.400.
5. A license shall be issued for a period of one year and shall berenewed upon proper application by the holder and a determination by thedepartment that the applicant is in compliance with all provisions ofsections 260.350 to 260.430 and all standards, rules and regulations,orders and license terms and conditions adopted or issued pursuant tosections 260.350 to 260.430.
6. A license is not required for the transport of any hazardous wasteon the premises where it is generated or onto contiguous property owned bythe generator thereof, or for those persons exempted in section 260.380.Nothing in this subsection shall be interpreted to preclude the departmentfrom inspecting unlicensed hazardous waste transporting equipment and torequire that it be adequate to provide protection for the health of humansand the environment.
7. After six months from the effective date of the standards, rulesand regulations adopted by the commission pursuant to section 260.370, itshall be unlawful for any person to construct, substantially alter oroperate, including postclosure activities and operations specified in therules and regulations, a hazardous waste facility without first obtaining ahazardous waste facility permit for such construction, alteration oroperation from the department. Such person must submit to the departmentat least ninety days prior to submitting a permit application a letter ofintent to construct, substantially alter or operate any hazardous wastedisposal facility. The person must file an application within one hundredeighty days of the filing of a letter of intent unless granted an extensionby the commission. The department shall publish such letter of intent asspecified in section 493.050, RSMo, within ten days of receipt of suchletter. The letter shall be published once each week for four weeks in thecounty where the hazardous waste disposal facility is proposed. Once suchletter is submitted, all conditions for the permit application evaluationpurposes in existence as of the date of submission shall be deemed frozen,in that no subsequent action by any person to change such conditions in anattempt to thwart a fair and impartial decision on the application for apermit shall be allowed as grounds for denial of the permit. Any personbefore constructing, substantially altering or operating a hazardous wastefacility in this state shall file an application for a permit which shall:
(1) Be submitted on a form provided for this purpose by thedepartment and shall furnish the department with plans, specifications andsuch other data as may be necessary to demonstrate to the satisfaction ofthe department that such facility does or will provide adequate protectionof the health of humans and the environment and does or will comply withthe provisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430;
(2) Include plans, designs, engineering reports and relevant data forconstruction, alteration or operation of a hazardous waste facility, to besubmitted to the department by a registered professional engineer licensedby this state;
(3) Include, as specified by rules and regulations, demonstration offinancial responsibility, including, but not limited to, guarantees,liability insurance, posting of bond or any combination thereof, whichshall be related to type and size of facility;
(4) Include such environmental and geologic information, assessmentsand studies as required by the rules and regulations of the commission;
(5) Submit with the application for a hazardous waste disposal ortreatment facility a profile of the environmental and economiccharacteristics of the area as required by the commission, including theextent of air pollution and groundwater contamination; and a profile of thehealth characteristics of the area which identifies all serious illness,the rate of which exceeds the state average for such illness, which mightbe attributable to environmental contamination;
(6) Include a fee payable to the state of Missouri which shall notexceed one thousand dollars, which shall cover the first year of thepermit, if issued, but which is not refundable. If the permit is issuedfor more than one year, a fee equal in amount to the first year's fee shallbe paid to the state of Missouri prior to issuance of the permit for eachyear the permit is to be in effect beyond the first year;
(7) The department shall supervise any field work undertaken tocollect geologic and engineering data for submission with the application.The state geologist and departmental engineers shall review the geologicand engineering plans, respectively, and attest to their accuracy andadequacy. The applicant shall pay all reasonable costs, as determined bythe commission, incurred by the department pursuant to this subsection.
8. (1) Prior to issuing or renewing a hazardous waste facilitypermit, the department shall issue public notice by press release oradvertisement and shall notify all record owners of adjoining property bymail directed to the last known address, and the village, town or city, ifany, and the county in which the hazardous waste facility is located; and,upon request, shall hold a public hearing after public notice as requiredin this subsection at a location convenient to the area affected by theissuance of the permit.
(2) Prior to issuing, reviewing every five years as required insubsection 12 of this section, or renewing a hazardous waste disposalfacility permit the department shall issue public notice by press releaseand advertisement and shall notify all record owners of property, withinone mile of the outer boundaries of the site, by mail directed to the lastknown address; and shall hold a public hearing after public notice asrequired in this subsection at a location convenient to the area affectedby the issuance of the permit.
9. If the department determines that the application conforms to theprovisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430, it shall issue the hazardous wastefacility permit, with such terms and conditions and require such testingand construction supervision as it deems necessary to protect the health ofhumans or the environment. The department shall act within one hundred andeighty days after receipt of the application. If the department denies thepermit, it shall issue a report to the applicant stating the reason fordenial of a permit.
10. A permit may be suspended or revoked whenever the departmentdetermines that the hazardous waste facility is, or has been, operated inviolation of any provision of sections 260.350 to 260.430 or any standard,rule or regulation, order or permit term or condition adopted or issuedpursuant to sections 260.350 to 260.430, poses a threat to the health ofhumans or the environment or is creating a public nuisance.
11. Whenever a permit is issued, renewed, denied, suspended orrevoked by the department, any aggrieved person, by petition filed with thedepartment within thirty days of the decision, may appeal such decision andshall be entitled to a hearing as provided in section 260.400.
12. A permit shall be issued for a fixed term, which shall not exceedten years in the case of any land disposal facility, storage facility,incinerator, or other treatment facility. Each permit for a land disposalfacility shall be reviewed five years after the date of its issuance orreissuance and shall be modified as necessary to assure that the facilitycontinues to comply with the currently applicable requirements of federaland state law. Nothing in this subsection shall preclude the departmentfrom reviewing and modifying a permit at any time during its term. Reviewof any application for a permit renewal shall consider improvements in thestate of control and measurement technology as well as changes inapplicable regulations. Each permit issued pursuant to this section shallcontain such terms and conditions as the department determines necessary toprotect human health and the environment, and upon proper application bythe holder and a determination by the department that the applicant is incompliance with all provisions of sections 260.350 to 260.430 and allstandards, rules and regulations, orders and permit terms and conditionsadopted or issued pursuant to sections 260.350 to 260.430.
13. A hazardous waste facility permit is not required for:
(1) On-site storage of hazardous wastes where such storage isexempted by the commission by rule or regulation; however, such storagemust conform to the provisions of any federal hazardous waste managementact and sections 260.350 to 260.430 and the applicable standards, rules andregulations adopted pursuant to sections 260.350 to 260.430 and any otherapplicable hazardous materials storage and spill-prevention requirementsprovided by law;
(2) A publicly owned treatment works which has an operating permitpursuant to section 644.051, RSMo, and is in compliance with that permit;
(3) A resource recovery facility which the department certifies useshazardous waste as a supplement to, or substitute for, nonwaste material,and that the sole purpose of the facility is manufacture of a productrather than treatment or disposal of hazardous wastes;
(4) That portion of a facility engaged in hazardous waste resourcerecovery, when the facility is engaged in both resource recovery andhazardous waste treatment or disposal, provided the owner or operator candemonstrate to the department's satisfaction and the department finds thatsuch portion is not intended and is not used for hazardous waste treatmentor disposal.
14. Facilities exempted pursuant to subsection 13 of this sectionmust comply with the provisions of subdivisions (3) to (7) of section260.390 and such other requirements, to be specified by rules andregulations, as are necessary to comply with any federal hazardous wastemanagement act or regulations hereunder. Generators who use such anexempted facility shall keep records of hazardous wastes transported,except by legal flow through sewer lines, to the facility and submit suchrecords to the department in accordance with the provisions of section260.380 and the standards, rules and regulations adopted pursuant tosections 260.350 to 260.430. Any person, before constructing, altering oroperating a resource recovery facility in this state shall file anapplication for a certification. Such application shall include:
(1) Plans, designs, engineering reports and other relevantinformation as specified by rule that demonstrate that the facility isdesigned and will operate in a manner protective of human health and theenvironment; and
(2) An application fee of not more than five hundred dollars for afacility that recovers waste generated at the same facility or anapplication fee of not more than one thousand dollars for a facility thatrecovers waste generated at off-site sources. Such fees shall be depositedin the hazardous waste fund created in section 260.391.
The department shall review such application for conformance withapplicable laws, rules and standard engineering principles and practices.The applicant shall pay to the department all reasonable costs, asdetermined by the commission, incurred by the department pursuant to thissubsection. All such funds shall be deposited in the hazardous waste fundcreated in section 260.391.
15. The owner or operator of any hazardous waste facility inexistence on September 28, 1977, who has achieved federal interim statuspursuant to 42 U.S.C. 6925(e), and who has submitted to the department PartA of the federal facility permit application, may continue to receive andmanage hazardous wastes in the manner as specified in the Part Aapplication, and in accordance with federal interim status requirements,until completion of the administrative disposition of a permit applicationsubmitted pursuant to sections 260.350 to 260.430. The department may atany time require submission of, or the owner or operator may at any timevoluntarily submit, a complete application for a permit pursuant tosections 260.350 to 260.430 and commission regulations. The authority tooperate pursuant to this subsection shall cease one hundred eighty daysafter the department has notified an owner or operator that an applicationfor permit pursuant to sections 260.350 to 260.430 must be submitted,unless within such time the owner or operator submits a completedapplication therefor. Upon submission of a complete application, theauthority to operate pursuant to this subsection shall continue for suchreasonable time as is required to complete the administrative dispositionof the permit application. If a facility loses its federal interim status,or the Environmental Protection Agency requires the owner or operator tosubmit Part B of the federal application, the department shall notify theowner or operator that an application for a permit must be submittedpursuant to this subsection. In addition to compliance with the federalinterim status requirements, the commission shall have the authority toadopt regulations requiring persons operating pursuant to this subsectionto meet additional state interim status requirements.
16. A license or permit shall not be issued to any person who isdetermined by the department to habitually engage in or to have habituallyengaged in hazardous waste management practices which pose a threat to thehealth of humans or the environment or who is determined by the departmentto habitually violate or to have habitually violated the requirements ofthe Missouri solid or hazardous waste laws, the solid or hazardous wastelaws of other states or federal laws pertaining to hazardous waste. Norshall a license or permit be issued to any person who has been adjudged incontempt of any court order enforcing the provisions of the Missouri solidor hazardous waste laws, the solid or hazardous waste laws of other statesor federal laws pertaining to hazardous waste or who has offered, in personor through an agent, any inducement, including any discussion of potentialemployment opportunities, to any employee of the department when suchperson has an application for a permit pending or a permit under review.For the purposes of this subsection, the term "person" shall include anyofficer or management employee of the applicant, or any officer ormanagement employee of any corporation or business which owns an interestin the applicant, or any officer or management employee of any businesswhich is owned either wholly or in part by any person, corporation, orbusiness which owns an interest in the applicant.
17. No person, otherwise qualified pursuant to sections 260.350 to260.430 for a license to transport hazardous wastes or for a permit toconstruct, substantially alter or operate a hazardous waste facility, shallbe denied such license or permit on the basis of a lack of need for suchtransport service or such facility because of the existence of otherservices or facilities capable of meeting that need; except that permitsfor hazardous waste facilities may be denied on determination made by thedepartment that the financial resources of the persons applying are suchthat the continued operation of the sites in accordance with sections260.350 to 260.430 cannot be reasonably assured or on determination made bythe department that the probable volume of business is insufficient toensure and maintain the solvency of then existing permitted hazardous wastefacilities.
18. All hazardous waste landfills constructed after October 31, 1980,shall have a leachate collection system. The rules and regulations of thecommission shall treat and protect all aquifers to the same level ofprotection. The provisions of this subsection shall not apply to thedisposal of tailings and slag resulting from mining, milling and primarysmelting operations.
19. Any railroad corporation as defined in section 388.010, RSMo,that transports any hazardous waste as defined in section 260.360 or anyhazardous substance as defined in section 260.500 shall pay an annual feeof three hundred fifty dollars. Fees collected pursuant to this subsectionshall be deposited in the hazardous waste fund created in section 260.391.
Fee for transportation of hazardous waste, used oil, or infectious waste, amount to be established by Missouri hazardous waste management commission, RSMo 226.008
Transportation of hazardous waste by motor carriers, regulation of, transferred to highways and transportation commission, RSMo 226.008
Transportation of hazardous waste, how permitted--fees, howdetermined--notice prior to issuance of permit--permit notrequired of whom--application for certification, when--permitmaintained for postclosure care period--leachate collectionsystem required--railroad hazardous waste transportation, fee.
260.395. 1. After six months from the effective date of thestandards, rules and regulations adopted by the commission pursuant tosection 260.370, it shall be unlawful for any person to transport anyhazardous waste in this state without first obtaining a hazardous wastetransporter license. Any person transporting hazardous waste in this stateshall file an application for a license pursuant to this subsection whichshall:
(1) Be submitted on a form provided for this purpose by thedepartment and shall furnish the department with such equipmentidentification and data as may be necessary to demonstrate to thesatisfaction of the department that equipment engaged in suchtransportation of hazardous waste, and other equipment as designated inrules and regulations pursuant to sections 260.350 to 260.430, is adequateto provide protection of the health of humans and the environment and tocomply with the provisions of any federal hazardous waste management actand sections 260.350 to 260.430 and the standards, rules and regulationsadopted pursuant to sections 260.350 to 260.430. If approved by thedepartment, this demonstration of protection may be satisfied by providingcertification that the equipment so identified meets and will be operatedin accordance with the rules and regulations of the Missouri public servicecommission and the federal Department of Transportation for thetransportation of the types of hazardous materials for which it will beused;
(2) Include, as specified by rules and regulations, demonstration offinancial responsibility, including, but not limited to, guarantees,liability insurance, posting of bond or any combination thereof which shallbe related to the number of units, types and sizes of equipment to be usedin the transport of hazardous waste by the applicant;
(3) Include, as specified in rules and regulations, a fee payable tothe state of Missouri which shall consist of an annual application fee,plus an annual use fee based upon tonnage, mileage or a combination oftonnage and mileage. The fees established pursuant to this subdivisionshall be set to generate, as nearly as is practicable, six hundred thousanddollars annually. No fee shall be collected pursuant to this subdivisionfrom railroads that pay a fee pursuant to subsection 19 of this section.Fees collected pursuant to this subdivision shall be deposited in thehazardous waste fund created pursuant to section 260.391.
2. If the department determines the application conforms to theprovisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430, it shall issue the hazardous wastetransporter license with such terms and conditions as it deems necessary toprotect the health of humans and the environment. The department shall actwithin ninety days after receipt of the application. If the departmentdenies the license, it shall issue a report to the applicant stating thereason for denial of the license.
3. A license may be suspended or revoked whenever the departmentdetermines that the equipment is or has been operated in violation of anyprovision of sections 260.350 to 260.430 or any standard, rule orregulation, order, or license term or condition adopted or issued pursuantto sections 260.350 to 260.430, poses a threat to the health of humans orthe environment, or is creating a public nuisance.
4. Whenever a license is issued, renewed, denied, suspended orrevoked by the department, any aggrieved person, by petition filed with thedepartment within thirty days of the decision, may appeal such decision andshall be entitled to a hearing as provided in section 260.400.
5. A license shall be issued for a period of one year and shall berenewed upon proper application by the holder and a determination by thedepartment that the applicant is in compliance with all provisions ofsections 260.350 to 260.430 and all standards, rules and regulations,orders and license terms and conditions adopted or issued pursuant tosections 260.350 to 260.430.
6. A license is not required for the transport of any hazardous wasteon the premises where it is generated or onto contiguous property owned bythe generator thereof, or for those persons exempted in section 260.380.Nothing in this subsection shall be interpreted to preclude the departmentfrom inspecting unlicensed hazardous waste transporting equipment and torequire that it be adequate to provide protection for the health of humansand the environment.
7. After six months from the effective date of the standards, rulesand regulations adopted by the commission pursuant to section 260.370, itshall be unlawful for any person to construct, substantially alter oroperate, including postclosure activities and operations specified in therules and regulations, a hazardous waste facility without first obtaining ahazardous waste facility permit for such construction, alteration oroperation from the department. Such person must submit to the departmentat least ninety days prior to submitting a permit application a letter ofintent to construct, substantially alter or operate any hazardous wastedisposal facility. The person must file an application within one hundredeighty days of the filing of a letter of intent unless granted an extensionby the commission. The department shall publish such letter of intent asspecified in section 493.050, RSMo, within ten days of receipt of suchletter. The letter shall be published once each week for four weeks in thecounty where the hazardous waste disposal facility is proposed. Once suchletter is submitted, all conditions for the permit application evaluationpurposes in existence as of the date of submission shall be deemed frozen,in that no subsequent action by any person to change such conditions in anattempt to thwart a fair and impartial decision on the application for apermit shall be allowed as grounds for denial of the permit. Any personbefore constructing, substantially altering or operating a hazardous wastefacility in this state shall file an application for a permit which shall:
(1) Be submitted on a form provided for this purpose by thedepartment and shall furnish the department with plans, specifications andsuch other data as may be necessary to demonstrate to the satisfaction ofthe department that such facility does or will provide adequate protectionof the health of humans and the environment and does or will comply withthe provisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430;
(2) Include plans, designs, engineering reports and relevant data forconstruction, alteration or operation of a hazardous waste facility, to besubmitted to the department by a registered professional engineer licensedby this state;
(3) Include, as specified by rules and regulations, demonstration offinancial responsibility, including, but not limited to, guarantees,liability insurance, posting of bond or any combination thereof, whichshall be related to type and size of facility;
(4) Include such environmental and geologic information, assessmentsand studies as required by the rules and regulations of the commission;
(5) Submit with the application for a hazardous waste disposal ortreatment facility a profile of the environmental and economiccharacteristics of the area as required by the commission, including theextent of air pollution and groundwater contamination; and a profile of thehealth characteristics of the area which identifies all serious illness,the rate of which exceeds the state average for such illness, which mightbe attributable to environmental contamination;
(6) Include a fee payable to the state of Missouri which shall notexceed one thousand dollars, which shall cover the first year of thepermit, if issued, but which is not refundable. If the permit is issuedfor more than one year, a fee equal in amount to the first year's fee shallbe paid to the state of Missouri prior to issuance of the permit for eachyear the permit is to be in effect beyond the first year;
(7) The department shall supervise any field work undertaken tocollect geologic and engineering data for submission with the application.The state geologist and departmental engineers shall review the geologicand engineering plans, respectively, and attest to their accuracy andadequacy. The applicant shall pay all reasonable costs, as determined bythe commission, incurred by the department pursuant to this subsection.
8. (1) Prior to issuing or renewing a hazardous waste facilitypermit, the department shall issue public notice by press release oradvertisement and shall notify all record owners of adjoining property bymail directed to the last known address, and the village, town or city, ifany, and the county in which the hazardous waste facility is located; and,upon request, shall hold a public hearing after public notice as requiredin this subsection at a location convenient to the area affected by theissuance of the permit.
(2) Prior to issuing, reviewing every five years as required insubsection 12 of this section, or renewing a hazardous waste disposalfacility permit the department shall issue public notice by press releaseand advertisement and shall notify all record owners of property, withinone mile of the outer boundaries of the site, by mail directed to the lastknown address; and shall hold a public hearing after public notice asrequired in this subsection at a location convenient to the area affectedby the issuance of the permit.
9. If the department determines that the application conforms to theprovisions of any federal hazardous waste management act and sections260.350 to 260.430 and the standards, rules and regulations adoptedpursuant to sections 260.350 to 260.430, it shall issue the hazardous wastefacility permit, with such terms and conditions and require such testingand construction supervision as it deems necessary to protect the health ofhumans or the environment. The department shall act within one hundred andeighty days after receipt of the application. If the department denies thepermit, it shall issue a report to the applicant stating the reason fordenial of a permit.
10. A permit may be suspended or revoked whenever the departmentdetermines that the hazardous waste facility is, or has been, operated inviolation of any provision of sections 260.350 to 260.430 or any standard,rule or regulation, order or permit term or condition adopted or issuedpursuant to sections 260.350 to 260.430, poses a threat to the health ofhumans or the environment or is creating a public nuisance.
11. Whenever a permit is issued, renewed, denied, suspended orrevoked by the department, any aggrieved person, by petition filed with thedepartment within thirty days of the decision, may appeal such decision andshall be entitled to a hearing as provided in section 260.400.
12. A permit shall be issued for a fixed term, which shall not exceedten years in the case of any land disposal facility, storage facility,incinerator, or other treatment facility. Each permit for a land disposalfacility shall be reviewed five years after the date of its issuance orreissuance and shall be modified as necessary to assure that the facilitycontinues to comply with the currently applicable requirements of federaland state law. Nothing in this subsection shall preclude the departmentfrom reviewing and modifying a permit at any time during its term. Reviewof any application for a permit renewal shall consider improvements in thestate of control and measurement technology as well as changes inapplicable regulations. Each permit issued pursuant to this section shallcontain such terms and conditions as the department determines necessary toprotect human health and the environment, and upon proper application bythe holder and a determination by the department that the applicant is incompliance with all provisions of sections 260.350 to 260.430 and allstandards, rules and regulations, orders and permit terms and conditionsadopted or issued pursuant to sections 260.350 to 260.430.
13. A hazardous waste facility permit is not required for:
(1) On-site storage of hazardous wastes where such storage isexempted by the commission by rule or regulation; however, such storagemust conform to the provisions of any federal hazardous waste managementact and sections 260.350 to 260.430 and the applicable standards, rules andregulations adopted pursuant to sections 260.350 to 260.430 and any otherapplicable hazardous materials storage and spill-prevention requirementsprovided by law;
(2) A publicly owned treatment works which has an operating permitpursuant to section 644.051, RSMo, and is in compliance with that permit;
(3) A resource recovery facility which the department certifies useshazardous waste as a supplement to, or substitute for, nonwaste material,and that the sole purpose of the facility is manufacture of a productrather than treatment or disposal of hazardous wastes;
(4) That portion of a facility engaged in hazardous waste resourcerecovery, when the facility is engaged in both resource recovery andhazardous waste treatment or disposal, provided the owner or operator candemonstrate to the department's satisfaction and the department finds thatsuch portion is not intended and is not used for hazardous waste treatmentor disposal.
14. Facilities exempted pursuant to subsection 13 of this sectionmust comply with the provisions of subdivisions (3) to (7) of section260.390 and such other requirements, to be specified by rules andregulations, as are necessary to comply with any federal hazardous wastemanagement act or regulations hereunder. Generators who use such anexempted facility shall keep records of hazardous wastes transported,except by legal flow through sewer lines, to the facility and submit suchrecords to the department in accordance with the provisions of section260.380 and the standards, rules and regulations adopted pursuant tosections 260.350 to 260.430. Any person, before constructing, altering oroperating a resource recovery facility in this state shall file anapplication for a certification. Such application shall include:
(1) Plans, designs, engineering reports and other relevantinformation as specified by rule that demonstrate that the facility isdesigned and will operate in a manner protective of human health and theenvironment; and
(2) An application fee of not more than five hundred dollars for afacility that recovers waste generated at the same facility or anapplication fee of not more than one thousand dollars for a facility thatrecovers waste generated at off-site sources. Such fees shall be depositedin the hazardous waste fund created in section 260.391.
The department shall review such application for conformance withapplicable laws, rules and standard engineering principles and practices.The applicant shall pay to the department all reasonable costs, asdetermined by the commission, incurred by the department pursuant to thissubsection. All such funds shall be deposited in the hazardous waste fundcreated in section 260.391.
15. The owner or operator of any hazardous waste facility inexistence on September 28, 1977, who has achieved federal interim statuspursuant to 42 U.S.C. 6925(e), and who has submitted to the department PartA of the federal facility permit application, may continue to receive andmanage hazardous wastes in the manner as specified in the Part Aapplication, and in accordance with federal interim status requirements,until completion of the administrative disposition of a permit applicationsubmitted pursuant to sections 260.350 to 260.430. The department may atany time require submission of, or the owner or operator may at any timevoluntarily submit, a complete application for a permit pursuant tosections 260.350 to 260.430 and commission regulations. The authority tooperate pursuant to this subsection shall cease one hundred eighty daysafter the department has notified an owner or operator that an applicationfor permit pursuant to sections 260.350 to 260.430 must be submitted,unless within such time the owner or operator submits a completedapplication therefor. Upon submission of a complete application, theauthority to operate pursuant to this subsection shall continue for suchreasonable time as is required to complete the administrative dispositionof the permit application. If a facility loses its federal interim status,or the Environmental Protection Agency requires the owner or operator tosubmit Part B of the federal application, the department shall notify theowner or operator that an application for a permit must be submittedpursuant to this subsection. In addition to compliance with the federalinterim status requirements, the commission shall have the authority toadopt regulations requiring persons operating pursuant to this subsectionto meet additional state interim status requirements.
16. A license or permit shall not be issued to any person who isdetermined by the department to habitually engage in or to have habituallyengaged in hazardous waste management practices which pose a threat to thehealth of humans or the environment or who is determined by the departmentto habitually violate or to have habitually violated the requirements ofthe Missouri solid or hazardous waste laws, the solid or hazardous wastelaws of other states or federal laws pertaining to hazardous waste. Norshall a license or permit be issued to any person who has been adjudged incontempt of any court order enforcing the provisions of the Missouri solidor hazardous waste laws, the solid or hazardous waste laws of other statesor federal laws pertaining to hazardous waste or who has offered, in personor through an agent, any inducement, including any discussion of potentialemployment opportunities, to any employee of the department when suchperson has an application for a permit pending or a permit under review.For the purposes of this subsection, the term "person" shall include anyofficer or management employee of the applicant, or any officer ormanagement employee of any corporation or business which owns an interestin the applicant, or any officer or management employee of any businesswhich is owned either wholly or in part by any person, corporation, orbusiness which owns an interest in the applicant.
17. No person, otherwise qualified pursuant to sections 260.350 to260.430 for a license to transport hazardous wastes or for a permit toconstruct, substantially alter or operate a hazardous waste facility, shallbe denied such license or permit on the basis of a lack of need for suchtransport service or such facility because of the existence of otherservices or facilities capable of meeting that need; except that permitsfor hazardous waste facilities may be denied on determination made by thedepartment that the financial resources of the persons applying are suchthat the continued operation of the sites in accordance with sections260.350 to 260.430 cannot be reasonably assured or on determination made bythe department that the probable volume of business is insufficient toensure and maintain the solvency of then existing permitted hazardous wastefacilities.
18. All hazardous waste landfills constructed after October 31, 1980,shall have a leachate collection system. The rules and regulations of thecommission shall treat and protect all aquifers to the same level ofprotection. The provisions of this subsection shall not apply to thedisposal of tailings and slag resulting from mining, milling and primarysmelting operations.
19. Any railroad corporation as defined in section 388.010, RSMo,that transports any hazardous waste as defined in section 260.360 or anyhazardous substance as defined in section 260.500 shall pay an annual feeof three hundred fifty dollars. Fees collected pursuant to this subsectionshall be deposited in the hazardous waste fund created in section 260.391.
Fee for transportation of hazardous waste, used oil, or infectious waste, amount to be established by Missouri hazardous waste management commission, RSMo 226.008
Transportation of hazardous waste by motor carriers, regulation of, transferred to highways and transportation commission, RSMo 226.008
