Mo. Rev. Stat. § 260.558 — MO Code / Chapter 260 / Section 260.558
260.558 Radioactive waste investigation fund created, purpose, use of moneys — ...
Status: in_force

260.558. Radioactive waste investigation fund created, purpose, use of moneys — limitation on transfers. — 1. There is hereby created in the state treasury the "Radioactive Waste Investigation Fund". The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180 , the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely by the department of natural resources to investigate concerns of exposure to radioactive waste. The fund shall not be used for any costs associated with clean up efforts. The fund may also accept, without limitation, funds from gifts, bequests, and devises.

2. The department of natural resources shall use moneys in the radioactive waste investigation fund to develop and conduct an investigation, using sound scientific methods, for the specified area of concern. Requests for investigation may be submitted in writing to the department by local governing bodies, local community groups, or individuals located within the jurisdiction of a specified area of concern. Requests shall include a specified area of concern and any supporting documentation related to the concern. The department shall prioritize requests in the order in which they are received, except that the department may give priority to requests that are in close proximity to federally designated sites where radioactive contaminants are known or reasonably expected to exist.

3. The investigation shall be performed by applicable federal or state agencies or by a qualified contractor selected by the department through a competitive bidding process. In conducting an investigation under this section, the department shall work with the applicable government agency or approved contractor, as well as local officials, to develop a sampling and analysis plan to determine if radioactive contaminants in the area of concern exceed federal standards set by the United States Environmental Protection Agency for remedial action due to contamination. The investigation may include the collection of soil, dust, and water samples from the specified area. Within a residential area, this plan may include samples collected on private property only after obtaining permission from the homeowners. The samples shall be analyzed for the isotopes necessary to correlate the samples with the suspected contamination, as described in the sampling and analysis plan.

4. If the department has evidence or reasonably suspects that radioactive contaminants are located on property owned by a governmental agency, regardless of whether the property is accessible to the public that will not grant access to collect samples, the department may seek a warrant to access the property to collect any samples authorized under this section.

5. Within forty-five days of receiving the final sampling results, the department shall report the results to the attorney general and make the finalized report and testing results publicly available on the department's website.

6. The transfer to the fund from the hazardous waste fund shall not exceed one hundred fifty thousand dollars per fiscal year. Notwithstanding the provisions of subdivision (7) of subsection 1 of section 260.391 to the contrary, and beginning August 28, 2025, moneys to the fund shall no longer be transferred from the hazardous waste fund and shall be transferred to the fund from the general revenue fund not to exceed one hundred fifty thousand dollars per fiscal year, unless any excess is authorized by the general assembly. Any moneys transferred from the hazardous waste fund remaining in the fund at the end of the biennium shall revert to the credit of the hazardous waste fund. Moneys received from general revenue, gifts, bequests, devises, or any other source shall remain in the radioactive waste investigation fund.

7. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

8. The department shall seek reimbursement of expenses incurred during radioactive waste testing from any federal agency responsible for the site.

(L. 2018 H.B. 1355 merged with S.B. 659 merged with S.B. 782, A.L. 2025 H.B. 516, et al.)