reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.213 - Disclosure of landfill, sale of property, required.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1990
260.213. Disclosure of landfill, sale of property, required. —
No person may knowingly sell, convey or transfer title to any property that contains a permitted or unpermitted solid waste disposal site or demolition landfill, without disclosing to the buyer early in the negotiation process the existence and location of the site. The seller shall also notify the buyer that he may be assuming liability to the state for any remedial action at the site, except that the sale, conveyance or transfer of property shall not absolve any person responsible for the illegal disposition of solid waste, including the seller, of liability for any remedial action at the site.
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(L. 1990 S.B. 530)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.214 - Preliminary site investigation approval, not required for certain counties — severability clause.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2013
*260.214. Preliminary site investigation approval, not required for certain counties — severability clause. —
1. Preliminary site investigation approval shall not be required for any municipal utility located in a county of the first classification with more than two hundred sixty but fewer than three hundred thousand inhabitants to proceed with a utility waste landfill detailed site investigation. Nothing in this section shall preclude the department from exercising its existing authority to approve or disapprove the site upon completion of the detailed site investigation. Solely for purposes of conducting the public involvement activity described in subsection 3 of section 260.205, August 28, 2013, shall be considered the date of approval of the preliminary site investigation.
2. If any provision of this section or the application thereof to anyone or to any circumstance is held invalid, the remainder of this act
**
and the application of such provisions to others or other circumstances shall not be affected thereby.
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(L. 2013 H.B. 28 merged with H.B. 650)
Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)
*H.B. 650 effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.
**"This act" (H.B. 28 merged with H.B. 650, 2013) 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 260.216 - Solid waste disposal in receptacle of another, prohibited — penalty.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 19 Jun 1992, see footnote
260.216. Solid waste disposal in receptacle of another, prohibited — penalty. —
No person shall place in excess of one half of a cubic foot of solid waste, as defined in section 260.200, in any receptacle owned or used by any other person for the storage of solid waste prior to pickup and disposal in a solid waste disposal area or sanitary landfill without the permission of the owner or user of such receptacle or unless the receptacle is for public use. Any person who violates this section shall be guilty of an infraction.
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(L. 1992 H.B. 1732 § 1)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.221 - Processed recycled asphalt shingles — definitions — use without permit, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2022
260.221. Processed recycled asphalt shingles — definitions — use without permit, when. —
1. As used in this section, the following terms mean:
(1)
"Processed recycled asphalt shingles"
, recycled asphalt shingles that do not contain extraneous metals, glass, rubber, nails, soil, brick, tars, paper, wood, and plastics and that have been reduced in size to produce a commercially reasonable usable product. Processed recycled asphalt shingles shall also be considered clean fill, as such term is defined in section 260.200;
(2)
"Recycled asphalt shingles"
, manufacture waste scrap shingles and postconsumer, tear-off scrap shingles that are accumulated as products for commercial purposes related to recycling or reuse as processed recycled asphalt shingles.
2. Processed recycled asphalt shingles may be used for fill, reclamation, and other beneficial purposes without a permit under sections 260.200 to 260.345 if such processed recycled asphalt shingles are inspected for toxic and hazardous substances in accordance with requirements established by the department of natural resources, provided that processed recycled asphalt shingles shall not be used for such purposes within five hundred feet of any lake, river, sink hole, perennial stream, or ephemeral stream, and shall not be used for such purposes below surface level and closer than fifty feet above the water table.
3. This section shall not be construed to authorize the abandonment, accumulation, placement, or storage of recycled asphalt shingles or processed recycled asphalt shingles on any real property without the consent of the real property owner.
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(L. 2022 H.B. 2485)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.228 - Failure to implement closure, postclosure plan or corrective action plan, forfeiture of collateral, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.228. Failure to implement closure, postclosure plan or corrective action plan, forfeiture of collateral, when. —
1. If the operator of a solid waste disposal area fails to properly implement the closure or postclosure plan or the corrective action plan required for a sanitary or demolition landfill, the director shall order the operator to implement such plan. Such an order shall be issued prior to closure if the department determines that the area has not operated for a period of ninety days and implementation of the closure plan is necessary to prevent a public nuisance or to protect the public health.
2. The department shall give written notice to the operator of any violation of sections 260.226 and 260.227, or noncompliance with any of the rules and regulations promulgated by the department under sections 260.226 and 260.227. If corrective measures approved by the department are not commenced within a specified and reasonable time, the department shall order forfeiture of all or that part of the operator's collateral necessary to implement the closure and postclosure and corrective action plans. Any operator aggrieved by a forfeiture order may appeal as provided in section 260.235. Forfeited collateral shall be placed into the general revenue fund to be appropriated to and expended by the department to implement the closure and postclosure plans. If the operator's financial assurance instrument is insufficient for implementation of the closure and postclosure and corrective action plans, the department shall institute a civil action in a court of competent jurisdiction to recover from the operator all additional costs incurred.
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(L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.230 - Department may order repairs, alterations, construction or reconstruction, when — injunctive relief, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1991
260.230. Department may order repairs, alterations, construction or reconstruction, when — injunctive relief, when. —
1. If the department finds that the storage, collection, transportation, processing or disposal of solid wastes subject to the provisions of sections 260.200 to 260.245 is in violation of any rule or regulation adopted by the department pursuant to sections 260.200 to 260.245 or might reasonably be expected to cause pollution of the land, air, or waters of the state or is creating a public nuisance or health hazard, the department may order the person to alter its storage, collection, transportation, processing or disposal systems to correct such violation causing the health hazard, pollution, or public nuisance. Such order shall specify the length of time, after issuance of the order, within which the facility or area shall be repaired, altered, constructed or reconstructed. In addition, the director may revoke, or suspend, the permit for a solid waste disposal area or solid waste processing facility.
2. Whenever it appears to the department that any person has engaged in, or is about to engage in, any acts or practices that have or will constitute violation of this law, or any rule or regulation promulgated thereunder, the director may request, and it shall be the duty of the county prosecuting attorney, or the attorney general, to bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this law or any rule or regulation promulgated thereunder. In any such action, the court may grant to the department such prohibitory or mandatory injunctive relief as the facts may warrant.
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(L. 1972 S.B. 387 § 7, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1991 S.B. 45)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.235 - Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2015, 2 histories
260.235. Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when. —
Any person aggrieved by a forfeiture of any financial assurance instrument, civil or administrative penalty or denial, suspension or revocation of a permit required by section 260.205 or a modification to a permit issued under section 260.205 or any disapproval of the plan required by section 260.220, may appeal such decision as provided in sections 621.250 and 640.013 by filing a petition with the administrative hearing commission within thirty days of the decision. The notice of the department shall be effected by certified mail and shall set forth the reasons for such forfeiture, disapproval, denial, suspension, civil penalty or revocation. The department may seek an injunction in the circuit court in which the facility is located requiring the facility for which the transfer of ownership has been denied, or the permit or modification of the permit has been denied, suspended or revoked, to cease operations from the date ordered by the court until such time as the appeal is resolved or obtain a performance bond in the amount and manner as prescribed by rule. The department's action seeking an injunction shall be based on the seriousness of the threat to the environment which continued operation of the facility poses. A bond may be required in order to stay the effect of the department's action until the appeal is resolved, in which case such bond shall remain in place until the appeal is resolved. If the department's decision is upheld, the bond shall be forfeited and placed in a separate subaccount of the solid waste management fund. Once the administrative hearing commission has reviewed the appeal, the administrative hearing commission shall make a final decision on the forfeiture of any financial assurance instrument, civil or administrative penalty, denial, suspension, revocation, or modification of a permit or disapproval of the plan required by section 260.220. The administrative hearing commission shall mail copies of its final decision to the parties to the appeal or their counsel of record. The commission's decision shall be subject to judicial review pursuant to chapter 536, except that the court of appeals district with territorial jurisdiction coextensive with the county where the solid waste processing facility or disposal area is located or is to be located shall have original jurisdiction. No judicial review shall be available until and unless all administrative remedies are exhausted.
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(L. 1972 S.B. 387 § 8, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2015 H.B. 92)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.236 - Severability of provisions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1986
260.236. Severability of provisions. —
The provisions of this act
*
shall be severable and if any phrase, clause, sentence or provision of this act
*
is declared by a court of competent jurisdiction to be contrary to the constitution, the validity of the remainder of this act
*
and the applicability thereof shall not be affected thereby. All applications for permits or expansions of any solid waste disposal area in progress prior to January 1, 1986, shall be processed by the department under the statutes, rules and regulations in effect as of January 1, 1986. Such applicant shall comply with the provisions of subsections 7 and 10 of section 260.205, and shall meet the closure and postclosure requirements for currently permitted disposal areas within the time periods specified in sections 260.226 and 260.227.
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(L. 1986 S.B. 475)
*"This act" (S.B. 475, 1986) 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 260.241 - Permit not to be issued, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.241. Permit not to be issued, when. —
A permit shall not be issued to any person who is determined by the department to habitually violate or to have habitually violated the requirements of the Missouri environmental statutes,
*
the environmental statutes of other states, or
*
federal statutes pertaining to environmental control or has had two or more convictions within Missouri, after August 28, 1990, and within any five-year period, for crimes or criminal acts, an element of which involves restraint of trade, price-fixing, intimidation of the customers of another person or for engaging in any other acts which may have the effect of restraining or limiting competition concerning activities regulated under this chapter or similar laws of other states or the federal government; except that convictions for violations by entities purchased or acquired by an applicant or permittee which occurred prior to the purchase or acquisition shall not be included, or who has offered, in person or through an agent, any inducement, including any discussion of potential employment opportunities, to any employee of the department when such person has an application for a permit pending or a permit under review. A license or permit shall not be issued to any person who has been adjudged in contempt of any court order enforcing the provisions of the Missouri solid or hazardous waste laws. For the purposes of this subsection, the term
"person"
shall include any officer or management employee of the applicant, or any officer or management employee of any corporation or business which owns an interest in the applicant, or any officer or management employee of any business which is owned either wholly or in part by any person, corporation, or business which owns an interest in the applicant.
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(L. 1988 S.B. 535, A.L. 1995 S.B. 60 & 112)
*Word "of" appears here in original rolls.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.243 - Buffer zone required, commercial processing facility, how determined.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.243. Buffer zone required, commercial processing facility, how determined. —
The department of natural resources shall not issue a permit to an applicant for a commercial solid waste processing facility designed to incinerate solid waste in any county unless such facility meets the conditions established in this section. For the purposes of this section, a commercial solid waste processing facility is a facility designed to incinerate waste which accepts solid waste for a fee regardless of where such waste is generated. Any commercial solid waste processing facility which incinerates solid waste shall be located so as to provide a health and safety buffer zone to protect citizens living or working nearby. The size of the buffer zone shall be determined by the department but shall extend at least fifty feet from a facility located in a nonresidential area in a city not within a county or at least three hundred feet from a facility located elsewhere. The department shall consider the proximity of schools, businesses and houses, the prevailing winds and other factors which it deems relevant when establishing the buffer zone. Any facility located within a city not within a county shall be required to strictly adhere to the terms, conditions and provisions of its permit.
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(L. 1990 S.B. 530, A.L. 1993 S.B. 80, et al.)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.245 - Tax, how levied — limitation — form of ballot.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1978
260.245. Tax, how levied — limitation — form of ballot. —
1. A city or county or combination of cities and counties may levy an annual tax as provided in sections 260.200 to 260.245 only after such tax has been submitted to a vote of the people to be affected thereby and a majority of the voters in each city or county voting thereon have approved same.
2. The question shall be submitted in substantially the following form:
Shall (the city of ______, the county of ______, the city of ______, and county of ______) levy an annual tax not to exceed ten cents on the one hundred dollars assessed valuation to pay for a solid waste management system?
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(L. 1972 S.B. 387 § 10, A.L. 1978 H.B. 971)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.247 - Annexation or expansion of solid waste services by city, notice to certain private entities, when — city to contract with private entity, duration, terms.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 2008, see footnote
260.247. Annexation or expansion of solid waste services by city, notice to certain private entities, when — city to contract with private entity, duration, terms. —
1. Any city or political subdivision which annexes an area or enters into or expands solid waste collection services into an area where the collection of solid waste is presently being provided by one or more private entities, for commercial or residential services, shall notify the private entity or entities of its intent to provide solid waste collection services in the area by certified mail.
2. A city or political subdivision shall not commence solid waste collection in such area for at least two years from the effective date of the annexation or at least two years from the effective date of the notice that the city or political subdivision intends to enter into the business of solid waste collection or to expand existing solid waste collection services into the area, unless the city or political subdivision contracts with the private entity or entities to continue such services for that period. If for any reason the city or political subdivision does not exercise its option to provide for or contract for the provision of services within an affected area within three years from the effective date of the notice, then the city or political subdivision shall renotify under subsection 1 of this section.
3. If the services to be provided under a contract with the city or political subdivision pursuant to subsection 2 of this section are substantially the same as the services rendered in the area prior to the decision of the city to annex the area or to enter into or expand its solid waste collection services into the area, the amount paid by the city shall be at least equal to the amount the private entity or entities would have received for providing such services during that period.
4. Any private entity or entities which provide collection service in the area which the city or political subdivision has decided to annex or enter into or expand its solid waste collection services into shall make available upon written request by the city not later than thirty days following such request all information in its possession or control which pertains to its activity in the area necessary for the city to determine the nature and scope of the potential contract.
5. The provisions of this section shall apply to private entities that service fifty or more residential accounts or any commercial accounts in the area in question.
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(L. 1988 H.B. 1207 § 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 260.250 - Major appliances, waste oil, yard waste and batteries, disposal restricted — recycling of certain items, addressed in solid waste management plan.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2015, 2 histories
260.250. Major appliances, waste oil, yard waste and batteries, disposal restricted — recycling of certain items, addressed in solid waste management plan. —
1. After January 1, 1991, major appliances, waste oil and lead-acid batteries shall not be disposed of in a solid waste disposal area. After January 1, 1992, yard waste shall not be disposed of in a solid waste disposal area, except as otherwise provided in this subsection. After August 28, 2007, yard waste may be disposed of in a municipal solid waste disposal area or portion of a municipal solid waste disposal area provided that:
(1) The department has approved the municipal solid waste disposal area or portion of a solid waste disposal area to operate as a bioreactor under 40 CFR Part 258.4; and
(2) The landfill gas produced by the bioreactor shall be used for the generation of electricity.
2. After January 1, 1991, waste oil shall not be incinerated without energy recovery.
3. Each solid waste management district shall address the recycling, reuse and handling of aluminum containers, glass containers, newspapers, textiles, whole tires, plastic beverage containers and steel containers in its solid waste management plan consistent with sections 260.250 to 260.345.
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(L. 1990 S.B. 530, A.L. 2007 S.B. 54, A.L. 2015 H.B. 92 merged with S.B. 445)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.253 - Department to provide technical assistance and public education programs on collection of used motor oil — household consumer used motor oil, duty to maintain toll-free telephone for information.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.253. Department to provide technical assistance and public education programs on collection of used motor oil — household consumer used motor oil, duty to maintain toll-free telephone for information. —
Funds may be allocated, upon appropriation, to the department to provide technical assistance to local governments and conduct public education programs concerning the proper handling of used motor oil. The department shall establish and maintain a telephone number, which may be toll free, for the purpose of disseminating information concerning the locations and operation of household consumer-used motor oil collection centers within the state, as well as information concerning the availability, dates and requirements for curbside collection where available. The department shall also develop a durable and legible sign, suitable for use by a retailer of motor oil informing the public of the importance of proper collection, recycling or disposal of used motor oil and the telephone number for used motor oil information.
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(L. 1995 S.B. 60 & 112 § 260.253 subsec. 1)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.254 - Grants for household consumer-used motor oil collection systems, requirements — centers not to accept motor oil from commercial operation.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.254. Grants for household consumer-used motor oil collection systems, requirements — centers not to accept motor oil from commercial operation. —
1. The department may award grants to solid waste management districts, municipalities, counties, and other local government entities or their instrumentalities to plan, establish or promote household consumer-used motor oil collection systems. In order to be eligible for grants, household consumer-used motor oil collection centers may only accept used motor oil originating from household consumers or farmers, and must operate in compliance with department rules. Household consumer-used motor oil collection centers may not accept used motor oil from commercial operations. Household consumer-used motor oil collection centers may limit the quantity of oil received at any one time from an individual and may restrict the size of the container used to deliver the oil to the center.
2. All household consumer-used motor oil collection centers must comply with the recycled used oil management standards as established by the department.
3. Household consumer-used motor oil collection centers shall transfer used motor oil only to transporters licensed pursuant to rules of the department.
4. All used motor oil recycling, reclaiming, and rerefining facilities shall comply with all applicable requirements of the department.
5. The department shall establish rules to carry out the provisions of this section and section 260.253.
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(L. 1995 S.B. 60 & 112 § 260.253 subsecs. 2 to 6)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.260 - Batteries, lead-acid, disposal of restricted — penalty.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.260. Batteries, lead-acid, disposal of restricted — penalty. —
1. Effective January 1, 1991, no person shall knowingly place a used lead-acid battery in a solid waste disposal area, discard or otherwise dispose of a lead-acid battery.
2. Such batteries shall be delivered to a recycling or resource recovery facility permitted by this or another state or to the agent of a battery wholesaler or manufacturer for delivery to a permitted secondary lead smelter.
3. Each lead-acid battery improperly disposed of shall constitute a separate violation. A person who disposes of a lead-acid battery in violation of this section shall, upon conviction, be guilty of a class C misdemeanor.
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(L. 1990 S.B. 530, A.L. 1995 H.B. 81)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.264 - Notices to public, batteries, duties of department.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1990
260.264. Notices to public, batteries, duties of department. —
The department of natural resources shall produce, print and distribute the notices required by section 260.262 to all places where lead-acid batteries are offered for sale at retail. In performing its duties under this section, the department may inspect any place, building or premises governed by sections 260.260 to 260.266. The department may enter into an interagency agreement with the superintendent of the highway patrol to authorize the superintendent to conduct inspections at motor vehicle safety inspection stations in conjunction with inspections undertaken pursuant to sections 307.350 to 307.400. Authorized employees of the agency or of the superintendent may issue warnings and citations to persons who fail to comply with the requirements of those sections. Failure to post the required notice following warning shall be an infraction.
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(L. 1990 S.B. 530)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.266 - Wholesalers of lead-acid batteries, duties — storage of batteries, requirements.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.266. Wholesalers of lead-acid batteries, duties — storage of batteries, requirements. —
1. Any person selling new lead-acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers, if offered by customers. A person accepting lead-acid batteries in transfer from an automotive battery retailer shall be allowed a period not to exceed ninety days to remove lead-acid batteries from the retail point of collection.
2. Lead-acid battery retailers and wholesalers shall not hold used lead-acid batteries for more than ninety days without the approval of the department and shall store used lead-acid batteries in a manner which will protect human health and the environment pursuant to regulations adopted by the department of natural resources under this chapter.
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(L. 1990 S.B. 530, A.L. 1995 H.B. 81)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.267 - Restriction on sales of certain batteries, effective dates — sale of nonbutton cell mercuric-oxide battery requirements, duties of manufacturer, violation, penalty.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1995
260.267. Restriction on sales of certain batteries, effective dates — sale of nonbutton cell mercuric-oxide battery requirements, duties of manufacturer, violation, penalty. —
1. No person shall sell, offer for sale, or offer for promotional purposes any alkaline-manganese battery manufactured on or after January 1, 1997, with any mercury content that was intentionally introduced, as distinguished from mercury that may be incidentally present in other materials, except that the limitation on mercury content in alkaline-manganese button cell batteries shall be twenty-five milligrams of mercury per button cell.
2. (1) No person shall sell, offer for sale, or offer for promotional purposes for use in Missouri any button cell mercuric-oxide battery on or after January 1, 1996.
(2) No person shall sell, offer for sale, or offer for promotional purposes for use in Missouri any nonbutton cell mercuric-oxide battery on or after January 1, 1996, unless the battery manufacturer does all of the following:
(a) Identifies an approved collection site to which persons may send used mercuric-oxide batteries for recycling or proper disposal;
(b) Informs each mercuric-oxide battery purchaser of the location of the collection site identified in paragraph (a) of this subdivision; and
(c) Informs each mercuric-oxide battery purchaser of a telephone number that the purchaser may call to receive information about returning used mercuric-oxide batteries for recycling or proper disposal.
3. A person in violation of this section shall, upon conviction, be guilty of a class C misdemeanor.
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(L. 1995 H.B. 81)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.269 - In-state private entity disposal permitted, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2011
260.269. In-state private entity disposal permitted, when. —
Notwithstanding any provision of law to the contrary, the state, including without limitation, any agency or political subdivision thereof, in possession of used tires, scrap tires, or tire shred may transfer possession and ownership of such tires or shred to any in-state private entity to be lawfully disposed of or recycled; provided, such tires or shred are not burned as a fuel except in a permitted facility; and further provided, such tires shall not be disposed of in a landfill; and still further provided, the cost incurred by the state, agency, or political subdivision transferring such tires or shred is less than the cost the state, agency, or political subdivision would have otherwise incurred had it disposed of such tires or shred. The private entity shall pay for the transportation of such used tires they receive.
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(L. 2011 H.B. 578 merged with S.B. 135)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.272 - Scrap tires and rubber chips may be used as landfill cover, department of natural resources to promulgate rules.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2005
260.272. Scrap tires and rubber chips may be used as landfill cover, department of natural resources to promulgate rules. —
Processed scrap tires and recycled rubber chips may be used in the design and operation of sanitary landfills, including use of such tires and rubber chips as daily cover. The department of natural resources may promulgate rules to implement this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.
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(L. 1999 H.B. 603, et al. § 1, A.L. 2005 S.B. 225)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.275 - Scrap tire site, closure plan, contents — financial assurance instrument, purpose, how calculated.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2009, 2 histories
260.275. Scrap tire site, closure plan, contents — financial assurance instrument, purpose, how calculated. —
1. Each operator of a scrap tire site shall ensure that the area is properly closed upon cessation of operations. The department of natural resources may require that a closure plan be submitted with the application for a permit. The closure plan, as approved by the department, shall include at least the following:
(1) A description of how and when the area will be closed;
(2) The method of final disposition of any scrap tires remaining on the site at the time notice of closure is given to the department.
2. The operator shall notify the department at least ninety days prior to the date he expects closure to begin. No scrap tires may be received by the scrap tire site after the date closure is to begin.
3. The permittee shall provide a financial assurance instrument in such an amount and form as prescribed by the department to ensure that, upon abandonment, cessation or interruption of the operation of the site, an approved closure plan is completed. The amount of the financial assurance instrument shall be based upon the current costs of similar cleanups using data from actual scrap tire cleanup project bids received by the department to remediate scrap tire sites of similar size. If scrap tires are accumulated at a solid waste disposal area, the existing closure financial assurance instrument filed for the solid waste disposal area may be applied to the requirements of this section. Any interest that accrues to any financial assurance instrument established pursuant to this section shall remain with that instrument and shall be applied against the operator's obligation under this section until the instrument is released by the department. The director shall authorize the release of the financial assurance instrument after the department has been notified by the operator that the site has been closed, and after inspection, the department approves closure of the scrap tire site.
4. If the operator of a scrap tire site fails to properly implement the closure plan, the director shall order the operator to implement such plan, and take other steps necessary to assure the proper closure of the site pursuant to section 260.228 and this section.
5. A coal-fired electric generating facility that burns tire-derived fuel shall not be considered a scrap tire site or solid waste disposal area.
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(L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225, A.L. 2009 H.B. 661)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.278 - Performance bond or letter of credit required for transporter of scrap tires, when — provisions required — forfeiture of bond, when, procedure — bond requirement ceases, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2005
260.278. Performance bond or letter of credit required for transporter of scrap tires, when — provisions required — forfeiture of bond, when, procedure — bond requirement ceases, when. —
1. A person who has, within the preceding twenty-four months, been found guilty or pleaded guilty to a violation of section 260.270 which involves the transport of scrap tires may not be granted a permit to transport scrap tires unless the person seeking the permit has provided to the department a performance bond or letter of credit as provided under this section.
2. The bond or letter shall be conditioned upon faithful compliance with the terms and conditions of the permit and section 260.270 and shall be in the amount of ten thousand dollars.
3. Such performance bond, placed on file with the department, shall be in one of the following forms:
(1) A performance bond, payable to the department and issued by an institution authorized to issue such bonds in this state; or
(2) An irrevocable letter of credit issued in favor of and payable to the department from a commercial bank or savings and loan having an office in the state of Missouri.
4. Upon a determination by the department that a person has violated the terms and conditions of the permit or section 260.270, the department shall notify the person that the bond or letter of credit shall be forfeited and the moneys placed in an appropriate subaccount of the solid waste management fund, created under section 260.330, for remedial action.
5. The department shall expend whatever portion of the bond or letter of credit necessary to conduct resource recovery or nuisance abatement activities to alleviate any condition resulting from a violation of section 260.270 or the terms and conditions of a permit.
6. The requirement for a person to provide a performance bond or a letter of credit under this section shall cease for that person after two consecutive years in which the person has not been found guilty or pleaded guilty to a violation of section 260.270.
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(L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.279 - Preference and bonus points for contracts for the removal or clean up of waste tires, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2014, 2 histories
260.279. Preference and bonus points for contracts for the removal or clean up of waste tires, when. —
In letting contracts for the performance of any job or service for the removal or clean up of scrap tires under this chapter, the department of natural resources shall, in addition to the requirements of sections 34.073 and 34.076 and any other points awarded during the evaluation process, give to any vendor that meets one or more of the following factors a five percent preference and ten bonus points for each factor met:
(1) The bid is submitted by a vendor that has resided or maintained its headquarters or principal place of business in Missouri continuously for the two years immediately preceding the date on which the bid is submitted;
(2) The bid is submitted by a nonresident corporation vendor that has an affiliate or subsidiary that employs at least twenty state residents and has maintained its headquarters or principal place of business in Missouri continuously for the two years immediately preceding the date on which the bid is submitted;
(3) The bid is submitted by a vendor that resides or maintains its headquarters or principal place of business in Missouri and, for the purposes of completing the bid project and continuously over the entire term of the project, an average of at least seventy-five percent of such vendor's employees are Missouri residents who have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor must certify the residency requirements of this subdivision and submit a written claim for preference at the time the bid is submitted;
(4) The bid is submitted by a nonresident vendor that has an affiliate or subsidiary that employs at least twenty state residents and has maintained its headquarters or principal place of business in Missouri and, for the purposes of completing the bid project and continuously over the entire term of the project, an average of at least seventy-five percent of such vendor's employees are Missouri residents who have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor must certify the residency requirements of this section and submit a written claim for preference at the time the bid is submitted;
(5) The bid is submitted by any vendor that provides written certification that the end use of the tires collected during the project will be for fuel purposes or for the manufacture of a usable good or product. For the purposes of this section, the landfilling of scrap tires, scrap tire chips, or scrap tire shreds in any manner, including landfill cover, shall not permit the vendor a preference.
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(L. 2005 S.B. 225, A.L. 2014 S.B. 642)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.280 - Container defined — plastic ring or holding device must be biodegradable within two years — acceptable rings or holding device, department to furnish list — violations, penalty — effective when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 01 Jan 1991, see footnote
260.280. Container defined — plastic ring or holding device must be biodegradable within two years — acceptable rings or holding device, department to furnish list — violations, penalty — effective when. —
1. As used in this section and section 260.281, the term
"container"
means any glass, metal or plastic bottle, can, jar or other receptacle for holding liquid, powder or other material, which has been sealed by a manufacturer and which, at the time of sale, contains less than one gallon of such liquid, powder or other material.
2. Beginning January 1, 1991, no person may sell or offer for sale in this state containers connected to each other by a separate holding device constructed of plastic rings or other plastic holding device, unless such device decomposes by photodegradation, chemical degradation or biodegradation within a two-year period of time upon exposure to the elements. The department of natural resources shall determine which plastic holding devices satisfy the requirements of this section and shall furnish a list of acceptable types of plastic holding devices to any person upon the request of such person.
3. A retail or wholesale business violating this section shall be subject to a fine not to exceed one thousand dollars for a first offense, five thousand dollars for a second offense, and ten thousand dollars for a third and each subsequent offense. If the violation is of a continuing nature, each day of the violation shall constitute an additional, separate, and distinct offense.
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(L. 1989 H.B. 438, et al. § 3)
Effective 1-01-91
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.283 - Paper or plastic bags, customers to have option, when — political subdivisions prohibited from imposing ban, fee, or tax on.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 16 Oct 2015, see footnote
*260.283. Paper or plastic bags, customers to have option, when — political subdivisions prohibited from imposing ban, fee, or tax on. —
1. All merchants, itinerant vendors, and peddlers doing business in this state shall have the option to provide customers either a paper or a plastic bag for the packaging of any item or good purchased, provided such purchase is of a size and manner commensurate with the use of paper and plastic bags.
2. Notwithstanding any other provision of law, no political subdivision shall impose any ban, fee, or tax upon the use of either paper or plastic bags for packaging of any item or good purchased from a merchant, itinerant vendor, or peddler. No political subdivision shall prohibit a consumer from using a reusable bag for the packaging of any item or good purchased from a merchant, itinerant vendor, or peddler.
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(L. 2015 H.B. 722)
*Effective 10-16-15, see § 21.250. H.B. 722 was vetoed on July 10, 2015. The veto was overridden September 16, 2015.
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.295 - Refrigerants, use of — building codes not to prohibit if approved for use under federal law.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2022
*260.295. Refrigerants, use of — building codes not to prohibit if approved for use under federal law. —
No building code adopted by a political subdivision shall prohibit the use of refrigerants that are approved for use under the provisions of 42 U.S.C. Section 7671k or the regulations promulgated thereunder, provided any related equipment is installed in accordance with the provisions of 42 U.S.C. Section 7671k or the regulations promulgated thereunder. Any provision of a building code that violates this section shall be null and void.
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(L. 2022 H.B. 1606 merged with H.B. 1662)
*Revisor's Note: This section was amended identically by both H.B. 1606 and H.B. 1662, 2022. In 2023, H.B. 1606 was declared unconstitutional (see annotation below). The H.B. 1662 language remains in effect.
(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).