Emergency assistance--cost, how paid--cost statement,contents--payment, when--amount, appeal procedure--state fund topay cost but repayment required.
260.546. 1. In the event that a hazardous substance release occursfor which a political subdivision or volunteer fire protection associationas defined in section 320.300, RSMo, provides emergency services, theperson having control over a hazardous substance shall be liable for suchreasonable and necessary costs incurred by the political subdivision orvolunteer fire protection association while securing an emergency situationor cleaning up any hazardous substances. Such liability includes the costof materials and supplies actually used to secure the emergency situation.The liability may also include the cost for contractual services which arenot routinely provided by the department or political subdivision orvolunteer fire protection association. Such liability shall not includethe cost of normal services which otherwise would have been provided. Suchliability shall not include budgeted administrative costs or the costs forduplicate services if multiple response teams are requested by thedepartment or political subdivision unless, in the opinion of thedepartment or political subdivision, duplication of service was required toprotect the public health and environment. No later than sixty days afterthe completion of the cleanup of the release of a hazardous substance, thepolitical subdivision or volunteer fire protection association shall submitto the person having control of the spilled hazardous substance an itemizedstatement of costs provided by the political subdivision. The statement ofcosts shall include but not be limited to an explanation of why the costswere reasonable and necessary. The explanation shall describe how suchcosts were not duplicative, did not include costs for normal services thatwould otherwise have been provided, and why contractual services, if any,were utilized in the response to the emergency situation. Response andcleanup costs are eligible for reimbursement if the initial response andassessment to a release of a hazardous substance was based on bestpractices and in a manner that any prudent political subdivision orvolunteer fire protection association would respond to a release of ahazardous substance. Such response and cleanup costs may also include thecosts of contractual services which are not routinely provided by thedepartment or political subdivision or volunteer fire protectionassociation. Such costs shall not include the costs of normal serviceswhich otherwise would have been provided.
2. Full payment shall be made within thirty days of receipt of thecost statement unless the person having control over the hazardoussubstance contests the amount of the costs pursuant to this section. Ifthe person having control over the hazardous substance elects to contestthe payment of such costs, such person shall file an appeal with thedirector within thirty days of receipt of the cost statement.
3. Upon receipt of such an appeal, the director shall notify theparties involved of the appeal and collect such evidence from the partiesinvolved as the director deems necessary to make a determination ofreasonable cleanup costs. The burden of proof shall be on the politicalsubdivision or volunteer fire protection district to document and justifysuch costs allowed under subsection 1 of this section. Within sixty daysof notification of the appeal, the director shall notify the parties of hisor her decision. The director shall direct the person having control overa hazardous substance to pay those costs the director finds to bereasonable and appropriate. The determination of the director shall becomefinal thirty days after receipt of the notice by the parties involvedunless prior to such date one of the involved parties files a petition forjudicial review pursuant to chapter 536, RSMo.
4. The political subdivision or volunteer fire protection associationmay apply to the department for reimbursement from the hazardous waste fundcreated in section 260.391 for the costs for which the person havingcontrol over a hazardous substance shall be liable if the politicalsubdivision or volunteer fire protection association is able to demonstratea need for immediate relief for such costs and believes it will not receiveprompt payment from the person having control over a hazardous substance.When the liability owed to the political subdivision or volunteer fireprotection association by the person having control over a hazardoussubstance is paid, the political subdivision or volunteer fire protectionassociation shall reimburse the department for any payment it has receivedfrom the hazardous waste fund. Such reimbursement to a politicalsubdivision or volunteer fire protection association by the departmentshall be paid back to the department by the political subdivision orvolunteer fire protection association within that time limit imposed by thedepartment notwithstanding failure of the person having control over ahazardous substance to reimburse the political subdivision or volunteerfire protection association within that time.
Emergency assistance--cost, how paid--cost statement,contents--payment, when--amount, appeal procedure--state fund topay cost but repayment required.
260.546. 1. In the event that a hazardous substance release occursfor which a political subdivision or volunteer fire protection associationas defined in section 320.300, RSMo, provides emergency services, theperson having control over a hazardous substance shall be liable for suchreasonable and necessary costs incurred by the political subdivision orvolunteer fire protection association while securing an emergency situationor cleaning up any hazardous substances. Such liability includes the costof materials and supplies actually used to secure the emergency situation.The liability may also include the cost for contractual services which arenot routinely provided by the department or political subdivision orvolunteer fire protection association. Such liability shall not includethe cost of normal services which otherwise would have been provided. Suchliability shall not include budgeted administrative costs or the costs forduplicate services if multiple response teams are requested by thedepartment or political subdivision unless, in the opinion of thedepartment or political subdivision, duplication of service was required toprotect the public health and environment. No later than sixty days afterthe completion of the cleanup of the release of a hazardous substance, thepolitical subdivision or volunteer fire protection association shall submitto the person having control of the spilled hazardous substance an itemizedstatement of costs provided by the political subdivision. The statement ofcosts shall include but not be limited to an explanation of why the costswere reasonable and necessary. The explanation shall describe how suchcosts were not duplicative, did not include costs for normal services thatwould otherwise have been provided, and why contractual services, if any,were utilized in the response to the emergency situation. Response andcleanup costs are eligible for reimbursement if the initial response andassessment to a release of a hazardous substance was based on bestpractices and in a manner that any prudent political subdivision orvolunteer fire protection association would respond to a release of ahazardous substance. Such response and cleanup costs may also include thecosts of contractual services which are not routinely provided by thedepartment or political subdivision or volunteer fire protectionassociation. Such costs shall not include the costs of normal serviceswhich otherwise would have been provided.
2. Full payment shall be made within thirty days of receipt of thecost statement unless the person having control over the hazardoussubstance contests the amount of the costs pursuant to this section. Ifthe person having control over the hazardous substance elects to contestthe payment of such costs, such person shall file an appeal with thedirector within thirty days of receipt of the cost statement.
3. Upon receipt of such an appeal, the director shall notify theparties involved of the appeal and collect such evidence from the partiesinvolved as the director deems necessary to make a determination ofreasonable cleanup costs. The burden of proof shall be on the politicalsubdivision or volunteer fire protection district to document and justifysuch costs allowed under subsection 1 of this section. Within sixty daysof notification of the appeal, the director shall notify the parties of hisor her decision. The director shall direct the person having control overa hazardous substance to pay those costs the director finds to bereasonable and appropriate. The determination of the director shall becomefinal thirty days after receipt of the notice by the parties involvedunless prior to such date one of the involved parties files a petition forjudicial review pursuant to chapter 536, RSMo.
4. The political subdivision or volunteer fire protection associationmay apply to the department for reimbursement from the hazardous waste fundcreated in section 260.391 for the costs for which the person havingcontrol over a hazardous substance shall be liable if the politicalsubdivision or volunteer fire protection association is able to demonstratea need for immediate relief for such costs and believes it will not receiveprompt payment from the person having control over a hazardous substance.When the liability owed to the political subdivision or volunteer fireprotection association by the person having control over a hazardoussubstance is paid, the political subdivision or volunteer fire protectionassociation shall reimburse the department for any payment it has receivedfrom the hazardous waste fund. Such reimbursement to a politicalsubdivision or volunteer fire protection association by the departmentshall be paid back to the department by the political subdivision orvolunteer fire protection association within that time limit imposed by thedepartment notwithstanding failure of the person having control over ahazardous substance to reimburse the political subdivision or volunteerfire protection association within that time.
Emergency assistance--cost, how paid--cost statement,contents--payment, when--amount, appeal procedure--state fund topay cost but repayment required.
260.546. 1. In the event that a hazardous substance release occursfor which a political subdivision or volunteer fire protection associationas defined in section 320.300, RSMo, provides emergency services, theperson having control over a hazardous substance shall be liable for suchreasonable and necessary costs incurred by the political subdivision orvolunteer fire protection association while securing an emergency situationor cleaning up any hazardous substances. Such liability includes the costof materials and supplies actually used to secure the emergency situation.The liability may also include the cost for contractual services which arenot routinely provided by the department or political subdivision orvolunteer fire protection association. Such liability shall not includethe cost of normal services which otherwise would have been provided. Suchliability shall not include budgeted administrative costs or the costs forduplicate services if multiple response teams are requested by thedepartment or political subdivision unless, in the opinion of thedepartment or political subdivision, duplication of service was required toprotect the public health and environment. No later than sixty days afterthe completion of the cleanup of the release of a hazardous substance, thepolitical subdivision or volunteer fire protection association shall submitto the person having control of the spilled hazardous substance an itemizedstatement of costs provided by the political subdivision. The statement ofcosts shall include but not be limited to an explanation of why the costswere reasonable and necessary. The explanation shall describe how suchcosts were not duplicative, did not include costs for normal services thatwould otherwise have been provided, and why contractual services, if any,were utilized in the response to the emergency situation. Response andcleanup costs are eligible for reimbursement if the initial response andassessment to a release of a hazardous substance was based on bestpractices and in a manner that any prudent political subdivision orvolunteer fire protection association would respond to a release of ahazardous substance. Such response and cleanup costs may also include thecosts of contractual services which are not routinely provided by thedepartment or political subdivision or volunteer fire protectionassociation. Such costs shall not include the costs of normal serviceswhich otherwise would have been provided.
2. Full payment shall be made within thirty days of receipt of thecost statement unless the person having control over the hazardoussubstance contests the amount of the costs pursuant to this section. Ifthe person having control over the hazardous substance elects to contestthe payment of such costs, such person shall file an appeal with thedirector within thirty days of receipt of the cost statement.
3. Upon receipt of such an appeal, the director shall notify theparties involved of the appeal and collect such evidence from the partiesinvolved as the director deems necessary to make a determination ofreasonable cleanup costs. The burden of proof shall be on the politicalsubdivision or volunteer fire protection district to document and justifysuch costs allowed under subsection 1 of this section. Within sixty daysof notification of the appeal, the director shall notify the parties of hisor her decision. The director shall direct the person having control overa hazardous substance to pay those costs the director finds to bereasonable and appropriate. The determination of the director shall becomefinal thirty days after receipt of the notice by the parties involvedunless prior to such date one of the involved parties files a petition forjudicial review pursuant to chapter 536, RSMo.
4. The political subdivision or volunteer fire protection associationmay apply to the department for reimbursement from the hazardous waste fundcreated in section 260.391 for the costs for which the person havingcontrol over a hazardous substance shall be liable if the politicalsubdivision or volunteer fire protection association is able to demonstratea need for immediate relief for such costs and believes it will not receiveprompt payment from the person having control over a hazardous substance.When the liability owed to the political subdivision or volunteer fireprotection association by the person having control over a hazardoussubstance is paid, the political subdivision or volunteer fire protectionassociation shall reimburse the department for any payment it has receivedfrom the hazardous waste fund. Such reimbursement to a politicalsubdivision or volunteer fire protection association by the departmentshall be paid back to the department by the political subdivision orvolunteer fire protection association within that time limit imposed by thedepartment notwithstanding failure of the person having control over ahazardous substance to reimburse the political subdivision or volunteerfire protection association within that time.
