reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.470 - Recording of sites, placed on or removed from registry — removal procedure.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.470. Recording of sites, placed on or removed from registry — removal procedure. —
1. When the director places a site on the registry as provided in section 260.440, and after the resolution of any appeal under section 260.455, he shall file with the county recorder of deeds the period during which the site was used as a hazardous waste disposal area. When the director finds that a site on the registry has been properly closed under subdivision (5) of subsection 3 of section 260.445 with no evidence of potential adverse impact, he shall file this finding with the county recorder of deeds. The county recorder of deeds shall file this information so that any purchaser will be given notice that the site has been placed on, or removed from, the registry.
2. Any owner of a registry site may petition the department to remove the site from the registry provided that:
(1) Corrective actions have addressed the contamination at the site in accordance with a department-approved risk-based corrective action plan;
(2) The department has issued a letter indicating that no further actions are required to address current risk from contaminants for the site; and
(3) An environmental covenant for the property that meets the requirements of sections 260.1000 to 260.1039 has been filed with the county recorder of deeds.
3. The department shall approve such a request unless the department determines that removal from the registry would result in significant current or future risk of harm to human health, public welfare, or the environment. In making such a determination, the department shall provide a written justification that considers the amount, toxicity, and persistence of any contaminants left in place and the stability of current site conditions. Any denial under this subsection may be appealed to the commission in the manner provided in section 260.460.
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(L. 1983 H.B. 528, A.L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.480 - Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2005
260.480. Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund. —
The fund balance remaining in the hazardous waste remedial fund is hereby transferred to the hazardous waste fund created in section 260.391
*
, and the moneys may be appropriated for any purpose previously authorized by this section as specified in subsection 1 of section 260.391.
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(L. 1983 H.B. 528, A.L. 1985 S.B. 110, A.L. 1988 S.B. 535, A.L. 2000 S.B. 577, A.L. 2005 S.B. 225)
*Words "section 260.491" appear in original rolls.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.482 - Incineration of certain material by Department of Defense, limitation.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 16 May 1995, see footnote
260.482. Incineration of certain material by Department of Defense, limitation. —
1. Incineration or disposal by the United States Department of Defense of any hazardous substance resulting from activities associated with environmental cleanup at a facility not currently involved in the production of weapons, located in any county of the first classification with a charter form of government and a population of less than three hundred thousand inhabitants, shall be limited only to wastes produced and located at the site where such incineration or disposal is conducted.
2. No incineration of any hazardous substance at such facility shall be conducted after five calendar years following the completion of the test burn of such incineration.
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(L. 1995 S.B. 407)
Effective 5-16-95
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.505 - Hazardous substance emergency response plan to be developed by department director — contents of plan.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.505. Hazardous substance emergency response plan to be developed by department director — contents of plan. —
1. The director shall develop a "Hazardous Substance Emergency Response Plan", as an appendix to the annex of the "State of Missouri Basic Emergency Operation Plan", part II, "The Missouri Comprehensive Emergency Preparedness and Disaster Relief Plan". The hazardous substance emergency response plan shall be developed in consultation and cooperation with affected industries, and in cooperation and with the approval of the departments of public safety, social services, agriculture, conservation, transportation, and economic development for their areas of responsibility. The plan shall outline the respective responsibilities of the involved agencies in responding to hazardous substances emergencies. The department may enter into agreements with any state agency or unit of local government, with the federal government and with other persons as necessary to develop and implement the hazardous substances emergency response plan and to implement sections 260.005 to 260.550.
2. The hazardous substance emergency response plan shall establish one statewide telephone number to be used to notify the state of Missouri whenever a hazardous substance emergency occurs. Such phone shall be monitored by technical staff capable of advising the person reporting the emergency of the proper immediate actions to take pending the arrival of response personnel or other qualified assistance. The number shall be established by rule by the department in cooperation with the other affected state agencies and in accordance with the hazardous substance emergency response plan.
3. The person monitoring the statewide emergency telephone shall notify the appropriate agencies as designated in the hazardous substance emergency response plan.
4. Any person having control over a hazardous substance shall contact the state of Missouri, as specified in subsection 2 of this section, or the National Response Center, at the earliest practical moment upon discovery of an emergency involving the hazardous substance under his control. If requested, a written report of particulars of the incident shall be submitted. Failure to notify as required in this section is a class A misdemeanor. Notification received pursuant to this paragraph or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjuring or for giving a false statement.
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(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.510 - Hazardous substances, director's powers and duties.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.510. Hazardous substances, director's powers and duties. —
The director:
(1) Shall provide technical advice and assistance to other state agencies, to political subdivisions of the state and to other persons upon request for the prevention, control and response to hazardous substance emergencies;
(2) May require the person having control over a hazardous substance involved in a hazardous substance emergency to clean up the hazardous substance and take any reasonable actions necessary to end a hazardous substance emergency;
(3) May clean up a hazardous substance and take any actions necessary to end a hazardous substance emergency if the person having control over a hazardous substance fails to take reasonable actions required by the director to clean up such hazardous substance or end such hazardous substance emergency;
(4) Shall take those actions necessary to clean up a hazardous substance or to end a hazardous substance emergency if the person having control over the hazardous substance cannot be contacted within a reasonable amount of time;
(5) May require a person having control over a hazardous substance involved in a hazardous substance emergency to take such corrective actions as may be reasonably required to prevent a recurrence of hazardous substance emergencies;
(6) May clean up any release of a substance if such release is a threat to the environment.
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(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.515 - Actions to abate, control or clean up not construed as admission of liability.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.515. Actions to abate, control or clean up not construed as admission of liability. —
Any action taken by any person to abate, control, or clean up a hazardous substance involved in a hazardous substance emergency shall not be construed as an admission of liability for a hazardous substance emergency.
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(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.520 - Rules and regulations, limitation — procedure.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2022, 2 histories
260.520. Rules and regulations, limitation — procedure. —
1. The director may adopt, amend, promulgate or repeal, after due notice and hearing, rules and regulations to implement sections 260.500 to 260.552 pursuant to this section and chapter 536. No rule or portion of a rule promulgated under the authority of sections 260.500 to 260.552 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
2. Except as provided in sections 260.565 to 260.573, the director shall not promulgate rules that are stricter than, apply prior to, or apply mandatory obligations outside of the requirements of Title 40, U.S. Code of Federal Regulations, as promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended.
3. The director shall file with the Missouri secretary of state any amendments necessary to ensure that rules are not inconsistent with the provisions of this section. Any rule contained in the Missouri code of state regulations that is inconsistent with the provisions of this section shall be null and void to the extent that it is inconsistent, and the least stringent rule shall control. Any such rule that applies mandatory obligations outside of the requirements of Title 40, U.S. Code of Federal Regulations, Part 300, as promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, shall be null and void.
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(L. 1983 H.B. 528, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2022 H.B. 2485)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.525 - Investigation, no person to refuse entry — search warrant to be issued.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.525. Investigation, no person to refuse entry — search warrant to be issued. —
No person shall refuse entry or access for the purpose of investigating or responding to hazardous substance emergencies of an authorized representative of the department who presents appropriate credentials, nor obstruct or hamper the representative. A suitably restricted search warrant, upon showing of probable cause in writing and upon oath, shall be issued by any judge or associate circuit judge having jurisdiction to any such representative for the purpose of enabling the representative to investigate or respond to hazardous substance emergencies.
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(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.530 - Cleanup costs, liability — failure to comply, damages, exceptions — records of expense to be kept.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.530. Cleanup costs, liability — failure to comply, damages, exceptions — records of expense to be kept. —
1. Any person having control over a hazardous substance shall be strictly liable to the state of Missouri for the reasonable cleanup costs incurred by the state as a result of the failure of such person to clean up a hazardous substance involved in a hazardous substance emergency in accordance with the requirements of sections 260.500 to 260.550 and rules promulgated by the department pursuant thereto. If such failure is willful, the person shall, in addition, be liable for punitive damages not to exceed triple the cleanup costs incurred by the state. Prompt and good faith notification to the director by the person having control over a hazardous substance that such person does not have the resources or managerial capability to begin or continue cleanup activities, or a good faith effort to clean up, relieves the person of liability for punitive damages, but not for actual cleanup costs. The director shall keep a record of all expenses incurred in carrying out any project or activity authorized by sections 260.500 to 260.550.
2. A person otherwise liable under the provisions of sections 260.500 to 260.550 is not liable if he demonstrates that the hazardous substance emergency occurred as the result of an act of God, an act of war, an act of the state of Missouri or the United States or solely the act of a third party. For the purposes of sections 260.500 to 260.550, no employee, agent of, or independent contractor employed by a person otherwise liable shall be considered a third party.
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(L. 1983 H.B. 528)
Effective 6-27-83
(1994) Missouri hazardous substance emergency statute does not create a private cause of action. Purchaser of land had no cause of action against vendor for recovery of costs of cleanup. Only state has cause of action for clean-up costs under statute. Yellow Freight System, Inc. v. ACF Industries, Inc. 882 S.W.2d 225 (Mo. App. E.D.).
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.535 - Hazardous waste fund, deposits to — purpose for use.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2000
260.535. Hazardous waste fund, deposits to — purpose for use. —
Moneys received pursuant to the provisions of sections 260.500 to 260.550 which are not required by Article IX, Section 7 of the Constitution to be distributed to schools shall be deposited in the hazardous waste fund created in section 260.391 and shall, upon appropriation, be used for control, abatement, analysis, cleanup, investigation and other reasonable costs incurred when responding to hazardous substance emergencies, or shall be used to reimburse the federal government for federal funds expended for the purposes named in this section. All other costs of the department necessary to carry out the provisions of sections 260.500 to 260.550 shall be paid from the hazardous waste fund, appropriated from general revenue or paid from available federal funds.
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(L. 1983 H.B. 528, A.L. 1988 S.B. 535, A.L. 2000 S.B. 577)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.540 - State employees acting in official capacity, liability.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.540. State employees acting in official capacity, liability. —
Persons employed by the state of Missouri shall not be held liable for damages incurred as a result of actions taken by them when acting in their official capacity pursuant to sections 260.500 to 260.550, rules promulgated pursuant thereto and the hazardous substance emergency response plan. However, the state of Missouri may be held liable for any such damages as provided in sections 537.600 and 537.610 or as may be covered by liability insurance or a self-insurance plan.
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(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.545 - Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1990
260.545. Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when. —
Any person who provides assistance, including equipment or materials, at the request of the department or a political subdivision or volunteer fire protection district or by previous agreement with the department or political subdivision or volunteer fire protection district in the event of a release of a hazardous substance shall not be held liable in any civil action for damages as a result of that person's acts or omissions in rendering such assistance. Nothing in this section shall relieve any person from civil damages in the following circumstances:
(1) Where the release referred to is the result of the person's having control of a spilled hazardous substance;
(2) Where the person rendered assistance for payment beyond reimbursement for out-of-pocket expenses or with the expectation of such payment; or
(3) For acts or omissions which result from intentional wrongdoing or gross negligence.
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(L. 1983 H.B. 528, A.L. 1988 S.B. 535, A.L. 1990 H.B. 1395 & 1448)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.550 - Information to be available to public, exceptions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.550. Information to be available to public, exceptions. —
Information obtained under the provisions of sections 260.500 to 260.550 or any rule or regulation, order or condition adopted or issued thereunder, or any investigation authorized thereby, shall be available to the public unless:
(1) Nondisclosure is requested in writing;
(2) Such information constitutes trade secrets or information which is entitled to confidential treatment in order to protect any plan, process, tool, mechanism, or compound which is known only to the person claiming confidential treatment and confidential treatment is necessary to protect such person's trade, business or manufacturing process;
(3) Such nondisclosure will not result in an unreasonable threat to the health of humans or the environment; and
(4) Disclosure is not required under any federal act. Any employee of a department or any former employee of a department who, for a period of two years after the termination of such relationship, is convicted of willful disclosure or conspiracy to disclose trade secrets or information which is entitled to such confidential treatment to any person other than one entitled to the information under sections 260.500 to 260.550 is guilty of a class A misdemeanor.
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(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.552 - Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions — waste cleanup of environmental hazard defined.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jul 1987, see footnote
260.552. Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions — waste cleanup of environmental hazard defined. —
1. No person engaged in the business of waste cleanup of environmental hazards created by others, including asbestos, shall be liable for any damages arising from the release or discharge of a pollutant, resulting from such activity, in an amount greater than one million dollars to any one person or three million dollars to all persons for a single occurrence. The limitation of liability of this section shall not:
(1) Affect any right of indemnification which such person has, or may acquire by contract, against any other person who is liable for creating an environmental hazard;
(2) Apply to persons who intentionally, wantonly, or willfully violate federal or state regulations respecting the clean-up process.
2. For purposes of this
*
section, the phrase
"business of waste cleanup of environmental hazard"
shall mean an activity including the investigation, evaluation, planning, design, engineering, removal, construction and ancillary services, which is carried out to abate or clean up a pollutant.
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(L. 1987 H.B. 700 § 37)
Effective 7-01-87
*Word "the" appears in original rolls.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.565 - Definitions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1999
260.565. Definitions. —
As used in sections 260.565 to 260.575, the following terms mean:
(1)
"Hazardous substance"
, any hazardous substance specified in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601(14) (A)-(F), as amended, petroleum and petroleum products, except where such petroleum and petroleum products were released to the environment from tanks subject to regulation by the department of natural resources or located on property which is eligible for moneys from the petroleum storage tank insurance fund pursuant to section 319.131, and any hazardous waste as defined in section 260.360 or any rules promulgated under sections 260.350 to 260.480;
(2)
"Person"
, any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust estate, political subdivision or any agency, board, department or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;
(3)
"Phase I environmental site assessment"
, a noninvasive physical assessment of the real property and a records review conducted by a technical consultant who is familiar with the nature of the operations and activities that have occurred on the real property;
(4)
"Real property"
, any residential or nonresidential real property;
(5)
"Remediation"
or
"remedial action"
, all appropriate actions taken to clean up contaminated real property, including but not limited to removal, remedial actions, and response actions as such terms are defined by the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. 9601).
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(L. 1993 S.B. 80, et al., A.L. 1999 S.B. 334)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.571 - Hazardous waste management commission may promulgate rules, scope.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.571. Hazardous waste management commission may promulgate rules, scope. —
The hazardous waste management commission may promulgate rules to implement sections 260.565 to 260.575. Such rules and regulations may include, but are not limited to, cleanup protocols, cleanup standards, and cost administration.
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(L. 1993 S.B. 80, et al.)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.573 - Completion of plan, department to issue letter, contents — effect.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.573. Completion of plan, department to issue letter, contents — effect. —
If the provisions set forth in sections 260.565 to 260.575 and any rules promulgated thereunder are met, and the applicant has remitted all applicable participation fees, the department shall issue, to the applicant, a letter stating that no further action need be taken at the site related to any contamination identified in the environmental assessments and for which remedial action has been taken in accordance with the approved remedial action plan. Such letter, however, shall provide that the department of natural resources may require the person to conduct additional environmental site assessments or remedial actions in the event that any monitoring conducted at or near the real property or other circumstances indicate that additional contamination is present which was not identified by the environmental site assessments or for which remedial action was not taken according to the remedial action plan.
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(L. 1993 S.B. 80, et al.)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.575 - False information, submission of — penalty.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.575. False information, submission of — penalty. —
Any person who knowingly submits false or fraudulent information to the department in connection with a voluntary cleanup shall be guilty of a class A misdemeanor.
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(L. 1993 S.B. 80, et al.)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.600 - Area revitalization authorities to hold title in cleanup areas — transfer of title to department, when — dissolution of authority (certain first class counties, charter form).

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.600. Area revitalization authorities to hold title in cleanup areas — transfer of title to department, when — dissolution of authority (certain first class counties, charter form). —
Area revitalization authorities in any first class county with a charter form of government, adjoining a city not within a county, are authorized to temporarily hold title to property within any area designated for cleanup by the department of natural resources pursuant to this chapter or by any federal agency under the Comprehensive Environmental Response, Compensation and Liability Act of 1980. The authority shall transfer all rights, title and interests in all properties to the department of natural resources as soon as all owners of such property interests in the designated area have entered into legally binding agreements to convey those interests. The authority shall, within sixty days of such transfer of title, wind up its affairs and voluntarily dissolve in accordance with the provisions of chapter 355.
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(L. 1983 H.B. 528 § 3)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.602 - Authorities' articles of incorporation, content.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.602. Authorities' articles of incorporation, content. —
The articles of incorporation shall set forth:
(1) The names and residences of the applicants together with a recital that each of them is an elector of and taxpayer in the county or municipality;
(2) The name of the corporation, which shall be "The Area Revitalization Authority of the ______ of ______" (the blank spaces to be filled in with the name of the county or municipality, including the proper designation thereof as county, city, town or village) if such name shall be available for use by (which shall be in the county);
(3) The purpose for which the corporation is proposed to be organized;
(4) The number of directors of the corporation;
(5) The period, if any, for the duration of the corporation;
(6) Any other matter which the applicants may choose to insert therein which shall not be inconsistent with this act
*
or with the laws of the state of Missouri.
­­The articles of incorporation shall be subscribed and acknowledged by each of the applicants before an officer authorized by the laws of Missouri to take acknowledgment to deeds.
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(L. 1983 H.B. 528 § 4)
Effective 6-27-83
*"This act" (H.B. 528, 1983) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.603 - Articles filed where — secretary of state, duties.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.603. Articles filed where — secretary of state, duties. —
When executed and acknowledged in conformity with section 260.602, the articles of incorporation shall be filed with the secretary of state. The secretary of state shall examine the articles of incorporation and, if he finds that the recitals contained therein are correct, that the requirements of section 260.602 have been complied with, and that the name is not identical with or so nearly similar to that of another corporation already in existence in this state as to lead to confusion and uncertainty, he shall approve the articles of incorporation, issue a certificate of incorporation and record the same in an appropriate book or record in his office. When such articles have been so approved, the certificate of incorporation issued and the same filed, the applicants shall constitute a public corporation under the name set out in the articles of incorporation.
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(L. 1983 H.B. 528 § 5)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.605 - Board of directors, number, qualifications, election, term.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.605. Board of directors, number, qualifications, election, term. —
The corporation shall have a board of directors in which all the powers of the corporation shall be vested and which shall consist of any number of directors, not less than three, all of whom shall be duly qualified electors of and taxpayers in the county or municipality. The directors shall serve as such without compensation. The directors shall be elected by the governing body of the county or municipality, and each director shall continue to hold office until his successor is elected.
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(L. 1983 H.B. 528 § 6)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.607 - Powers and duties of board.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.607. Powers and duties of board. —
The corporation is hereby granted all powers necessary or appropriate to carry out and effectuate its purposes under sections 260.600 to 260.607, including but not limited to the following:
(1) To adopt bylaws and rules for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal;
(3) To sue and be sued;
(4) To make and execute leases, contracts, releases, compromises and other instruments necessary or convenient to carry out its purposes;
(5) To acquire, whether by purchase, exchange or gift, real properties located within any area designated for cleanup under this act
*
;
(6) To convey real properties whenever the board of directors finds that it has acquired all rights, title and interests in all properties within the area designated for cleanup;
(7) To employ and pay compensation to such employees and agents, including attorneys, and others, as the board of directors shall deem necessary to further the purposes of sections 260.600 to 260.607.
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(L. 1983 H.B. 528 § 7)
Effective 6-27-83
*"This act" (H.B. 528, 1983) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.609 - Authority, state and state employees no liability, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
Effective - 27 Jun 1983, see footnote
260.609. Authority, state and state employees no liability, when. —
The state of Missouri, its employees or the revitalization authority shall not be held liable for any injury caused by a dangerous condition at any abandoned or uncontrolled site as a result of the actions taken on behalf of the state or the revitalization agency under sections 260.600 to 260.607.
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(L. 1983 H.B. 528 § 8)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.705 - Definitions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
Effective - 28 Aug 2011
260.705. Definitions. —
Unless the context clearly requires otherwise, the following words and phrases mean:
(1)
"Care"
, the continued observation of a facility after closure for the purposes of detecting a need for maintenance, insuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation;
(2)
"Clean-up"
, all actions necessary to contain, collect, control, identify, analyze, treat, disperse, remove, or dispose of low-level radioactive waste;
(3)
"Closure"
, measures which must be taken by a facility owner or operator when he determines that the facility shall no longer accept low-level radioactive waste;
(4)
"Commission"
, the midwest interstate low-level radioactive waste commission;
(5)
"Decommissioning"
, the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility;
(6)
"Facility"
, a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste;
(7)
"Host state"
, any state which is designated by the commission to host a regional facility;
(8)
"Low-level radioactive waste"
or
"waste"
, radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or by-product material as defined in Section 11(e)(2) of the Atomic Energy Act of 1954;
(9)
"Midwest low-level radioactive waste compact"
, the midwest interstate compact on low-level radioactive waste as enacted by the Missouri general assembly;
(10)
"Radioactive release"
, the emission, discharge, spillage, leakage, pumping, pouring, emptying or dumping of low-level radioactive waste into the biosphere which exceeds state or federal standards;
(11)
"Region"
, the area of the party states to the midwest low-level radioactive waste compact;
(12)
"Regional facility"
, a facility which is located within the region and which is established by a party state pursuant to designation of that state as a host state by the commission; and
(13)
"Site"
, the geographic location of a facility.
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(L. 1983 1st Ex. Sess. S.B. 6 § 2, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.710 - Extended care and long-term liability account established, purposes — if Missouri designated a host state, duties.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 16 Mar 1984, see footnote
260.710. Extended care and long-term liability account established, purposes — if Missouri designated a host state, duties. —
1. There is hereby created within the state treasury an "Extended Care and Long-term Liability Account". In the event that Missouri is designated a host state, the governor and the general assembly shall allocate fee revenues received pursuant to article VI(i) of the midwest low-level radioactive waste compact to the account to adequately provide for the costs of:
(1) Decommissioning and other procedures required for the closure of a regional facility;
(2) Monitoring, inspection and other procedures required for the extended care of a regional facility;
(3) Cleaning up radioactive releases from a regional facility as is necessary to protect human health and the environment;
(4) Compensating any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and cleaning up real or personal property as necessary because of radioactive releases from a regional facility; and
(5) Purchasing insurance or other similar financial protection arrangements consistent with the purposes of the account.
2. This section shall in no manner limit the financial responsibilities of the site operator pursuant to section 260.715.
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(L. 1983 1st Ex. Sess. S.B. 6 § 3)
Effective 3-16-84
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.715 - Operators of regional disposal facilities to purchase maximum insurance — insurance to be used, how.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 16 Mar 1984, see footnote
260.715. Operators of regional disposal facilities to purchase maximum insurance — insurance to be used, how. —
The operator of a regional disposal facility shall purchase the maximum amount of commercially available third-party nuclear liability insurance, pay the necessary periodic premiums at all times, and make an annual payment to the extended care and long-term liability account for such amount as the department of natural resources reasonably determines is necessary. The department of natural resources may make expenditures from this account, upon appropriation, for the purposes authorized in section 260.710. In the event of expenditures from the account as a result of radioactive releases from a regional disposal facility, the department shall to the maximum extent possible seek to obtain moneys from such insurance prior to using moneys from the extended care and long-term liability account.
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(L. 1983 1st Ex. Sess. S.B. 6 § 4)
Effective 3-16-84
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.720 - Compact commissioner and alternate, appointment, compensation, when, expenses, duties.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
Effective - 28 Aug 2011
260.720. Compact commissioner and alternate, appointment, compensation, when, expenses, duties. —
1. The governor shall appoint one member and one alternate member to represent Missouri's interests on the midwest low-level radioactive waste compact commission. Such appointment shall be with the advice and consent of the senate, as provided in Section 51 of Article IV of the Constitution of Missouri. The state's member on the commission, or the alternate, shall be entitled to reimbursement for expenses necessarily incurred in the discharge of his official duties plus, if not an employee of the state, fifty dollars for each day devoted to the affairs of the commission.
2. Missouri's member on the commission shall report activities of the commission to the hazardous waste management commission, governor and general assembly as requested.
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(L. 1983 1st Ex. Sess. S.B. 6 § 5, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.730 - Tax levy authorized for counties containing regional disposal facilities.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
Effective - 16 Mar 1984, see footnote
260.730. Tax levy authorized for counties containing regional disposal facilities. —
Any county within the state of Missouri in which a low-level radioactive waste regional disposal facility is located is hereby authorized to levy and collect an annual tax of not more than three percent of the gross receipts of the facility.
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(L. 1983 1st Ex. Sess. S.B. 6 § 7)
Effective 3-16-84
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.735 - Designation as host state, governor's duty — approval by general assembly required, exception.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
Effective - 28 Aug 2011
260.735. Designation as host state, governor's duty — approval by general assembly required, exception. —
1. In the event Missouri is designated by the commission to be a host state for a regional low-level radioactive waste disposal facility, the director of the department of natural resources shall, within seven days, report to the governor, the legislature and the hazardous waste management commission with recommendations for further action.
2. If Missouri is designated as the host state for a regional disposal facility, the governor shall provide notification of withdrawal, pursuant to Article VIII(i) of the Midwest Interstate Low-Level Radioactive Waste Compact, unless that designation is approved by the general assembly by a concurrent resolution; provided however, that if the general assembly, having had the opportunity to consider the issue of whether or not to remain in the compact, for a period of not less than sixty days within the ninety-day period immediately following such designation, fails to render a concurrent resolution approving such designation or a concurrent resolution calling for Missouri to withdraw from the compact, the governor need not provide such notification of withdrawal.
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(L. 1983 1st Ex. Sess. S.B. 6 § 8, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.750 - Environmental radiation monitoring program and fund established — purposes.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2009
260.750. Environmental radiation monitoring program and fund established — purposes. —
1. The department of natural resources shall develop an environmental radiation monitoring program for the purpose of monitoring radioactivity in air, water, soil, plant and animal life as necessary to insure the protection of the public health and safety of the environment from radiation hazards.
2. There is hereby created within the state treasury an "Environmental Radiation Monitoring Fund". In addition to general revenue, the department of natural resources is authorized to accept and shall deposit in said fund all gifts, bequests, donations, or other moneys, equipment, supplies, or services from any state, interstate or federal agency, or from any institution, person, firm, or corporation, public or private as well as fees collected under subsection 2 of section 260.392. This fund shall be used for the environmental radiation monitoring program established in this section and to administer and enforce the provisions of section 260.392.
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(L. 1985 H.B. 295 § 1, A.L. 2009 H.B. 683)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.800 - Definitions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.800. Definitions. —
As used in sections 260.800 to 260.815, the following terms shall mean:
(1)
"Governing body"
, any city, municipality, county or combination thereof, or an authority or agency created by intergovernmental compact;
(2)
"Solid waste"
, garbage, refuse and other discarded materials including, but not limited to, solid and semisolid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting;
(3)
"Waste to energy facility"
, any facility, including plasma arc technology, with the electric generating capacity of up to eighty megawatts which is fueled by solid waste.
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(L. 1986 S.B. 754 § 1, A.L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.805 - Electric suppliers to purchase electricity generated, rate allowable.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1986
260.805. Electric suppliers to purchase electricity generated, rate allowable. —
When any portion of a waste to energy facility is owned, operated or leased by a governing body, the electrical supplier serving the area shall be required to enter into long-term contracts to purchase the electricity generated by the waste to energy facility at the same rate the utility charges the governing body for energy used. Provided, however, that the rate paid by the electric supplier for such energy shall be such that no other customer class or classes shall ever directly or indirectly subsidize any part of the cost of owning, operating or maintaining the trash to energy facility, unless they receive a direct or indirect benefit.
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(L. 1986 S.B. 754 § 2)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.810 - Extraordinary costs and interconnection charges paid by governing body.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1986
260.810. Extraordinary costs and interconnection charges paid by governing body. —
The governing body shall pay to the regulated electrical corporation those extraordinary costs directly applicable to receipt of the electricity. All charges for interconnection shall be no greater than if the electricity was received from another regulated electrical corporation.
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(L. 1986 S.B. 754 § 3)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.815 - Loss of revenue, rate case before public service commission allowable.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1986
260.815. Loss of revenue, rate case before public service commission allowable. —
The public service commission may consider any loss of revenue that may occur due to sections 260.800 to 260.815 and allow the electrical utility company to recover the same in a rate case before the Missouri public service commission.
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(L. 1986 S.B. 754 § 4)