reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.300 - Regions, division of state into — procedures, purpose.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1990
260.300. Regions, division of state into — procedures, purpose. —
1. The department shall propose a plan to divide the state into proposed solid waste management regions in consultation with the governing bodies of the counties of the state. The department shall propose the boundaries of solid waste management regions by March 1, 1991.
2. The department shall hold public meetings in each of the regions proposed pursuant to subsection 1 of this section within three months of its division of the state into proposed regions. Any county may request that it be placed with another regional grouping, and the department shall authorize any such change if the county clearly and convincingly demonstrates that the change is necessary for effective solid waste management within the county and will not negatively affect the solid waste management system of either region. The department shall adopt final boundaries for the regions by June 30, 1991.
3. Counties may, for the purpose of managing districts, cooperate as provided in sections 260.300 to 260.345 or formulate an alternative management structure agreed to by each county in the district. A solid waste management district, regardless of how formed, shall be governed by an executive board and comply with the provisions of sections 260.200 to 260.345.
­­--------
(L. 1990 S.B. 530)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.302 - County may apply for change in region, when, procedures.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 19 Jun 1992, see footnote
260.302. County may apply for change in region, when, procedures. —
On June 19, 1992, and for three months thereafter and for the last three months of the year 1994 and every third year thereafter, the governing body of a county may apply to the department to request that the county be placed with another regional grouping or, if necessary, in a new regional grouping. After public notice and comment and within no more than ninety days after the completed application has been submitted, the department shall authorize any such change if the county clearly and convincingly demonstrates that the change is necessary for effective solid waste management within the county and will not negatively affect the solid waste management system of either region. The procedure for establishing solid waste management regions set forth in section 260.300 shall take priority over and be followed in exclusion to the rulemaking procedure set forth in chapter 536 and section 260.225.
­­--------
(L. 1992 H.B. 1732)
Effective 6-19-92
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.310 - Contractual authority, powers.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1990
260.310. Contractual authority, powers. —
1. The authority of the district shall not extend to any county within the region which has not joined the district.
2. The district may enter into a contract with any city or county within the district to provide all or part of the solid waste management services for the city or county. A city or county shall not be required to meet the provisions of section 260.220 or of section 260.325 if a district includes the city or county within its solid waste plan and the city or county has by contract given the district complete authority for managing the solid waste of the city or county.
3. The district and the counties and cities within the district may enter into whatever contracts or agreements they deem necessary to fulfill their responsibilities under this chapter. Nothing in this section shall preclude the transfer of solid waste outside the boundaries of the district.
4. Contracts issued for the collection or disposal of solid waste in cities, counties, and districts shall not require either security instruments or performance bonds in excess of twenty percent of the total cost of the contract.
5. Any county or counties which are within a solid waste management district may, in cooperation with the district, require by ordinance or order that any solid waste transported from outside the district to a solid waste processing facility or solid waste disposal area within the district be subject to the same requirements as solid waste originating from within the district as set forth in the solid waste management plan under section 260.325, including the separation of recyclable or compostable materials from the solid waste stream before entering a district's solid waste management system.
6. A solid waste management district may be created and incorporated in each solid waste management region as provided in sections 260.200 to 260.345 and may exercise the powers granted to it in sections 260.200 to 260.345.
­­--------
(L. 1990 S.B. 530)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.315 - Council, selection of members, terms — meetings — powers — selection of executive board, terms.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1990
260.315. Council, selection of members, terms — meetings — powers — selection of executive board, terms. —
1. There is hereby established a solid waste management council for each solid waste management district, except for those districts which formulate an alternative management structure pursuant to section 260.300. The governing body of each city with a population over five hundred within the district shall appoint one member of the city governing body and the governing body of each county within the district shall appoint two members of the county governing body to the council.
2. Council members shall serve a term of two years and may be reappointed thereafter; however, members whose elected term of office in a city or county has expired shall be expeditiously replaced by the governing bodies from whence they were selected.
3. The council shall meet within thirty days of the receipt of notification of formation of the district at the call of the governing body of the county containing the largest population among those counties approving the formation of the district or, at the call of the director of the department, if the county does not call the meeting. A majority of the council shall constitute a quorum.
4. The council shall:
(1) Organize itself and select a chairman and such other officers as it deems appropriate;
(2) Select seven persons to serve on the executive board, at least a majority of whom shall be selected from members of the council. The council shall establish the terms of office for members of the executive board. The balance shall be selected in any manner approved by the council, including district-wide elections. Any subsequent member of the board shall be selected in the same manner as the person he replaces. If the council is composed of twelve or fewer members, the council shall act as the executive board;
(3) Meet at least twice annually and upon the call of either the chairman of the council or the chairman of the executive board; and
(4) Review and act upon the solid waste management plan recommended by the executive board.
­­--------
(L. 1990 S.B. 530)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.324 - Grants, familial relationships not a disqualifier — voting restrictions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2015
260.324. Grants, familial relationships not a disqualifier — voting restrictions. —
1. Any person or entity that applies for a grant under section 260.335 shall not be disqualified from receiving such grant on the basis that there exists a familial relationship between the applicant and any member of the solid waste management district executive board within the fourth degree by consanguinity or affinity. For applicants with a familial relationship with any member of the solid waste management district executive board within the fourth degree by consanguinity or affinity, the solid waste management district executive board shall only approve such grant application if approved by a vote of two-thirds of the solid waste management district executive board.
2. If a person, who by virtue of his or her membership on a solid waste management district executive board, does not abstain from a vote to award a solid waste management district grant to any person or entity providing solid waste management services who is a relative within the fourth degree by consanguinity or affinity, the person shall forfeit membership on the solid waste management district executive board and the solid waste management district council.
­­--------
(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 260.350 - Short title.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1977
260.350. Short title. —
Sections 260.350 to 260.430 shall be known and may be cited as the "Missouri Hazardous Waste Management Law".
­­--------
(L. 1977 H.B. 318 § 1)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.352 - Department of natural resources shall verify compliance with corrective action plans for hazardous waste management.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2000
260.352. Department of natural resources shall verify compliance with corrective action plans for hazardous waste management. —
All corrective action plans approved by the department pursuant to the provisions of sections 260.350 to 260.430 shall require the department, upon notice by the owner or operator that the approved plan has been completed, to verify within ninety days that the corrective action plan has been complied with and completed. The department shall issue a letter within thirty business days to the owners or operators certifying the completion and compliance.
­­--------
(L. 2000 H.B. 1238 § 1 merged with S.B. 894 § 2)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.355 - Exempted wastes.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2014
260.355. Exempted wastes. —
Exempted from the provisions of sections 260.350 to 260.480 are:
(1) Radioactive wastes regulated under section 2011, et seq., of title 42 of United States Code;
(2) Emissions to the air subject to regulation of and which are regulated by the Missouri air conservation commission pursuant to chapter 643;
(3) Discharges to the waters of this state pursuant to a permit issued by the Missouri clean water commission pursuant to chapter 204;
(4) Fluids injected or returned into subsurface formations in connection with oil or gas operations regulated by the Missouri oil and gas council pursuant to chapter 259;
(5) Mining wastes used in reclamation of mined lands pursuant to a permit issued by the Missouri mining commission pursuant to chapter 444.
­­--------
(L. 1977 H.B. 318 § 2, A.L. 1985 S.B. 110, A.L. 2014 S.B. 642)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.371 - Severability clause, exceptions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 03 May 1988, see footnote
260.371. Severability clause, exceptions. —
The provisions of this act
*
are severable, except as otherwise provided in sections 260.225 and 260.370. If any provision of this act
*
is found by a court of competent jurisdiction to be invalid or unconstitutional, the remaining provisions of this act shall remain in full force and effect.
­­--------
(L. 1988 S.B. 535 § 3)
Effective 5-03-88
*"This act" (S.B. 535, 1988) 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 260.372 - Powers and duties of commission.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2011
260.372. Powers and duties of commission. —
1. The Missouri hazardous waste management commission within the Missouri department of natural resources is hereby given the authority to aid in the promotion of hazardous waste recycling, reuse, or reduction by entering into contracts, subject to appropriations, for the development and implementation of projects dealing with said uses of hazardous wastes or the purchase and development of machinery, equipment, appliances, devices, and supplies solely required to develop and operate hazardous waste recycling, reuse, and reduction projects.
2. The hazardous waste management commission within the Missouri department of natural resources shall promulgate rules and regulations to establish or participate in one or more regional waste exchange clearing houses where generators of wastes may list those wastes that have market value or other use.
3. The hazardous waste management commission within the Missouri department of natural resources shall act in an advisory capacity to Missouri's member on the midwest low-level radioactive waste compact commission, review activities of the midwest low-level radioactive waste compact commission and midwest interstate radioactive waste compact states, and present recommendations in writing to the governor and the general assembly as requested or as necessary to insure adequate exchange of information.
­­--------
(L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.377 - Inspection by department.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 31 Oct 1980, see footnote
260.377. Inspection by department. —
Subject to appropriations, the department of natural resources shall conduct inspections of any hazardous waste facility. The frequency of such inspections shall be specified by the commission through rule and regulation based on the classification category of the hazardous waste, as specified in section 260.370. Such inspections shall determine compliance by licensee or permittee with the requirements of sections 260.350 to 260.430 and regulations promulgated thereunder as well as compliance with any special conditions in the permit issued to the permittee.
­­--------
(L. 1980 2d Ex. Sess. H.B. 5, et al.)
Effective 10-31-80
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.385 - Activities not allowed and requirements to be met by hazardous waste transporters.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1985, see footnote
260.385. Activities not allowed and requirements to be met by hazardous waste transporters. —
After six months from the effective date of the standards, rules and regulations adopted by the commission pursuant to section 260.370, hazardous waste transporters shall:
(1) Not transport any hazardous waste in this state without first obtaining a hazardous waste transporter license from the department as specified in section 260.395;
(2) Use and operate equipment which has been approved by the department and follow procedures, when transporting hazardous wastes, which meet all applicable state and federal regulations and standards for the transportation of hazardous materials and all applicable standards, rules and regulations adopted under sections 260.350 to 260.430 and all terms and conditions of their license;
(3) Unless otherwise provided in sections 260.350 to 260.430 or the rules and regulations adopted hereunder, accept only shipments of hazardous waste that are accompanied by a manifest, provided by the generator, that has been completed and signed by the generator in accordance with the rules and regulations adopted under sections 260.350 to 260.430;
(4) Complete, sign and file the transporter portion of the manifest as specified in rules and regulations adopted under sections 260.350 to 260.430;
(5) Deliver hazardous waste and the accompanying manifest only to the destination specified by the generator on the manifest, which destination must be a hazardous waste facility holding a permit under sections 260.350 to 260.430 or the federal Resource Conservation and Recovery Act, or a state hazardous waste management program authorized under the federal Resource Conservation and Recovery Act, or a resource recovery or other facility exempted from the permit requirement, and in accordance with provisions which apply under section 260.395 and rules and regulations adopted hereunder;
(6) Collect and maintain such records and submit such reports as specified in sections 260.350 to 260.430 and in rules and regulations and terms and conditions of their license adopted or issued hereunder;
(7) Make available to the department upon request made during transportation, samples of wastes transported and all records relating to hazardous waste transportation, for inspection and copying, and allow the department to make unhampered inspections at any reasonable time of all facilities and equipment.
­­--------
(L. 1977 H.B. 318 § 8, A.L. 1985 S.B. 110)
Effective 6-27-85
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.393 - Technology for treatment of hazardous waste, generators to use best available, exceptions.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1988
260.393. Technology for treatment of hazardous waste, generators to use best available, exceptions. —
1. This section shall not apply to the storage or treatment of hazardous waste by a generator on-site or to the transportation of hazardous waste out of state for treatment, storage or disposal.
2. Generators shall use, to the maximum extent feasible, the best demonstrated available technology for source reduction, recycling, treatment, stabilization, solidification or destruction, including, but not limited to, biodegradation, detoxification, incineration and neutralization before placing waste in a hazardous waste disposal facility. Such hazardous waste may be placed in a hazardous waste disposal facility only after the generator evaluates appropriate technologies and employs those capable of reducing, recycling, treating, stabilizing, solidifying or destroying the waste. In assessing the best demonstrated available technology proposed by a generator, the department shall give consideration to the relative economic feasibility of the technology, including potential future costs of cleanup and environmental damage. Such technology shall render the hazardous waste sufficiently low in toxicity, reactivity and corrosivity as to present the least possible risk to human health and safety and to the environment in the event of a release from a hazardous waste disposal facility before placing hazardous waste in a disposal facility.
­­--------
(L. 1988 S.B. 535)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.394 - Disposal of untreated hazardous waste, prohibited, exceptions — alternative to landfilling, best demonstrated available technology.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1992
260.394. Disposal of untreated hazardous waste, prohibited, exceptions — alternative to landfilling, best demonstrated available technology. —
1. Nothing in this section shall apply to the storage or treatment of hazardous waste by a generator on-site or to the disposal on-site of smelter slag waste from the processing of materials into reclaimed metals if the smelter was in operation prior to August 13, 1988, nor preclude the transportation of hazardous waste out of state for treatment, storage or disposal. After August 13, 1988, no person shall dispose of untreated hazardous waste in a hazardous waste disposal facility permitted in the state of Missouri.
2. Before using a hazardous waste disposal facility permitted under sections 260.350 to 260.432, generators of hazardous waste must prove that they have investigated and reviewed alternatives to landfilling to an extent acceptable to the hazardous waste management commission. The generator shall use, to the maximum extent feasible, the best demonstrated available technology for source reduction, recycling, treatment, stabilization, solidification or destruction, including, but not limited to, biodegradation, detoxification, incineration and neutralization, as determined by the commission. In determining the best demonstrated available technology, the commission shall give consideration to the relative economic feasibility of the technology, including potential future costs of cleanup and environmental damage. Such technology shall render the hazardous waste sufficiently low in toxicity, reactivity and corrosivity as to present the least possible risk to human health and safety and to the environment in the event of a release from a hazardous waste disposal facility.
3. The commission shall determine that the best demonstrated available technology is used at hazardous waste disposal facilities in the state of Missouri in accordance with the provisions of sections 260.350 to 260.432, and the federal Resource Conservation and Recovery Act (P.L. 94-580), as amended.
4. Any hazardous waste diluted below the listed concentration threshold shall remain a listed hazardous waste unless the dilution occurs as a normal part of the manufacturing process.
5. The provisions of this section shall not apply to abandoned or uncontrolled sites as listed under section 260.440, or sites listed in the national priority list pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as amended, unless otherwise determined by the department or required by the commission by rule.
­­--------
(L. 1988 S.B. 485 § 260.393, A.L. 1992 S.B. 480)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.396 - PCB, definition — facilities, regulation of — list of PCB facilities — compliance with requirements, time limitation.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1986
260.396. PCB, definition — facilities, regulation of — list of PCB facilities — compliance with requirements, time limitation. —
1. For the purposes of this section,
"PCB"
or
"polychlorinated biphenyls"
shall mean any chemical substance that is limited to the biphenyl molecule which has been chlorinated to varying degrees or any combination of substances which contain such substances at concentrations of fifty parts per million or above; and
"PCB facility"
shall mean any facility, including brokerage, storage, treatment and disposal facilities, which accepts PCBs and PCB contaminated materials on a commercial basis for remuneration.
2. All commercial PCB facilities located in the state shall be permitted as hazardous waste management facilities in accordance with the provisions of section 260.350 to 260.430, or permitted under the provisions of the federal Toxic Substances Control Act, 15 U.S.C. 2601, et. seq., whichever are more stringent. Such facilities shall require the consignor to prepare a hazardous waste manifest which shall accompany shipments of PCBs and PCB contaminated materials from the point of origin to the final destination.
3. The department of natural resources shall compile and maintain a list of all commercial PCB facilities in the state.
4. All commercial PCB facilities in operation on August 13, 1986, will have one hundred twenty days from August 13, 1986, to meet the requirements of this section. A PCB facility shall be considered in compliance with the provisions of this section if a letter of intent has been filed with the department to construct, alter or operate a commercial PCB facility and the PCB facility otherwise complies with the provisions of subsection 7 of section 260.395, and until such time as the department may grant or deny a permit for the facility.
­­--------
(L. 1986 H.B. 875 & 1649 § 2)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.415 - Appeals — other remedies available, costs.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 31 Oct 1980, see footnote
260.415. Appeals — other remedies available, costs. —
1. All final orders and determinations of the commission or the department made pursuant to the provisions of sections 260.350 to 260.430 are subject to judicial review pursuant to the provisions of chapter 536. All final orders and determinations shall be deemed "administrative decisions" as that term is defined in chapter 536. No judicial review shall be available, however, unless all administrative remedies are exhausted.
2. In any suit filed pursuant to section 536.050 concerning the validity of the commission's standards, rules or regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such standards, rules or regulations and may hear such additional evidence as it deems necessary.
3. Nothing in this section or in any other provision of sections 260.350 to 260.430 shall exclude or impair any existing civil or criminal remedy, whether statutory or common law, for any wrongful action, including, but not limited to, actions to enjoin public or private nuisances. Any person adversely affected in fact by any violation of sections 260.350 to 260.430 or of any rule or regulation promulgated thereunder may sue for injunctive relief against such violation. The prevailing party in any such action for injunctive relief shall be awarded costs and reasonable attorneys' fees.
­­--------
(L. 1977 H.B. 318 § 14, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)
Effective 10-31-80
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.423 - Facility ordered to accept waste, reimbursement rate disagreement, procedure.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.423. Facility ordered to accept waste, reimbursement rate disagreement, procedure. —
If the director orders a facility to accept waste pursuant to subdivision (2) of subsection 1 of section 260.420, the department shall reimburse the operator at the rate which he normally charges for treating, storing or disposing of similar wastes within sixty days of the treatment, storage or disposal of such waste. In the event of a disagreement about the rate, the director or the operator may appeal to the commission within ninety days. The commission may schedule a hearing within thirty days. No later than thirty days after receipt of the complete record, or following a decision not to hold a hearing, the commission shall provide the operator with a written determination. All final decisions of the commission shall be reviewable under chapter 536.
­­--------
(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.424 - Underground injection prohibited.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1985, see footnote
260.424. Underground injection prohibited. —
Notwithstanding any other provision of the law to the contrary, underground injection of hazardous waste is prohibited unless authorized pursuant to section 577.155.
­­--------
(L. 1985 S.B. 110)
Effective 6-27-85
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.429 - No permit in non-karst area of state over groundwater divide.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1993
260.429. No permit in non-karst area of state over groundwater divide. —
In non-karst areas of the state, the department of natural resources shall not issue a hazardous waste facility permit for a proposed commercial hazardous waste landfill, if such landfill would be located directly over a groundwater divide. The department of natural resources shall review on a site-by-site basis, whether a proposed site is in a non-karst region.
­­--------
(L. 1993 S.B. 80, et al. § 16)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.431 - Buffer zone required, commercial facility, how determined — limitations, requirements, certain facilities.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 09 Jul 1990, see footnote
260.431. Buffer zone required, commercial facility, how determined — limitations, requirements, certain facilities. —
1. The department of natural resources shall not issue a permit to an applicant for a commercial hazardous waste facility for the treatment of such waste by incineration in any county unless the facility meets the conditions established in this section. For the purposes of this section, a commercial hazardous waste facility is a facility designed to treat hazardous waste by incineration for a fee regardless of where such waste is generated. Any commercial hazardous waste facility which treats waste by incineration shall be located so as to provide a health and safety buffer zone. The size and nature of the buffer zone shall be determined by the department but shall extend at least three hundred feet from the facility, on property owned or leased by the applicant. The department shall consider the proximity of schools, businesses and houses, the prevailing winds and other factors which it deems relevant when establishing a buffer zone.
2. In any unincorporated area of any county, where there are no zoning requirements, where a commercial hazardous waste or solid waste facility designed to treat such waste by incineration is to be located in an area where fire and police protection is not provided by a municipality or county, a written agreement to provide for fire and police protection from surrounding municipalities, counties or the state of Missouri, including a provision for the use of special units particularly trained for a hazardous waste or solid waste emergency in the event that such an emergency occurs, shall be approved by the department for the protection of the citizens of the area before a permit may be issued. The department shall at least once a year conduct an unannounced inspection of each commercial hazardous waste and solid waste incinerator to ensure such incinerators are operated in compliance with this chapter.
3. Any hazardous waste treatment facility which is sited as a result of a court settlement or an out-of-court agreement which is designed to treat hazardous waste at a single site or group of sites shall not be granted a permit for greater than a five-year period at any one specific location and no renewal permit shall be issued for a treatment facility located at a site permitted originally for such a hazardous waste treatment facility. If the department purports to issue such a renewal permit, such action shall be invalid ab initio.
­­--------
(L. 1990 S.B. 530)
Effective 7-09-90
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.432 - Hazardous waste, collection of small quantities, department to administer — fees — department may enter into contracts for collection — disposal in landfills prohibited, when.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1990
260.432. Hazardous waste, collection of small quantities, department to administer — fees — department may enter into contracts for collection — disposal in landfills prohibited, when. —
1. The department of natural resources shall establish and promote a program for the collection and disposition of small quantities of hazardous waste from persons, firms, corporations, state departments and institutions, and political subdivisions. The program shall provide for the periodic collection of hazardous waste at points reasonably accessible to all parts of the state. The department may allow small quantity hazardous waste generators to utilize the program on a case by case basis.
2. The department shall establish maximum amounts of hazardous waste which may be accepted without fee or charge from any person at any one collection point. The department may accept additional quantities of hazardous waste; however, in such instances a fee shall be charged in an amount up to that which reflects the actual cost of collecting, handling, transporting, and treating or disposing of the additional quantity of hazardous waste.
3. The department may contract for the collection and disposition of hazardous waste as provided by this section with any person or firm authorized to transport, treat, recover or dispose of hazardous waste under sections 260.350 to 260.430, or the federal Resource Conservation and Recovery Act, P.L. 94-580, as amended. The department may use appropriations and accept funds, gifts and services from public and private agencies, businesses or individuals for the purpose of carrying out the provisions of this section.
4. The department shall promulgate rules and regulations necessary to carry out the provisions of this section. The department shall not delegate any authority to promulgate rules and regulations to any person with whom or any firm with which it has executed a contract for services as provided in subsection 3 of this section.
5. (1) The department shall ensure the safe collection and disposal of small quantities of hazardous waste by the date established in this section and shall ensure that such disposal is available to small quantity generators of hazardous waste throughout the state;
(2) After January 1, 1994, small quantities of hazardous waste which are exempt from regulation under the provisions of sections 260.350 to 260.434, except de minimis amounts, shall not be placed in a sanitary landfill;
(3) Any person convicted of knowingly placing small quantities of hazardous waste in a sanitary landfill shall be guilty of an infraction.
­­--------
(L. 1986 H.B. 875 & 1649 § 1, A.L. 1990 S.B. 530)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.433 - Commercial hazardous waste facilities, prohibited activities (third or fourth class counties).

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1987
260.433. Commercial hazardous waste facilities, prohibited activities (third or fourth class counties). —
No person or entity shall operate a commercial hazardous waste facility in any third or fourth class counties by engaging in:
(1) Open burning of hazardous waste; or
(2) Open burning of waste explosives; or
(3) Detonation of waste explosives; or
(4) Any other thermal treatment of any hazardous waste or waste explosives, unless in a manner consistent with the department's standards for owners/operators of permitted hazardous waste treatment, storage, and disposal facilities.
­­--------
(L. 1987 H.B. 375 § 1)
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.435 - Definitions, sections 260.435 to 260.480 — definition of hazardous waste not to include certain materials.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.435. Definitions, sections 260.435 to 260.480 — definition of hazardous waste not to include certain materials. —
The definitions set forth in section 260.360 shall apply to sections 260.435 to 260.480 and, in addition to such definitions, the term
"abandoned or uncontrolled"
means any property where hazardous waste has been illegally disposed of, or where hazardous waste was disposed of prior to regulation under sections 260.350 to 260.430. However, the term
"hazardous waste"
as used in sections 260.350 to 260.480 shall not include:
(1) Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;
(2) Solid waste from the extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; or
(3) Cement kiln dust waste; unless any such waste becomes subject to regulation under the Federal Hazardous Waste Management Act, then such waste excluded under this section shall be subject to regulation under this act
*
.
­­--------
(L. 1983 H.B. 528)
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 260.437 - Rules and regulations, authority.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 2022, 2 histories
260.437. Rules and regulations, authority. —
1. In addition to any other powers vested in it by law, the commission shall have the power to adopt, amend or repeal, after due notice and public hearing, standards, rules and regulations to implement sections 260.435 to 260.482.
2. Except as provided in sections 260.565 to 260.573, the commission 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, Part 300, as promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended.
3. The commission 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.
4. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 260.435 to 260.482 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, 2022, shall be invalid and void.
­­--------
(L. 1983 H.B. 528, 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 260.440 - Registry of abandoned or uncontrolled hazardous waste sites, contents — investigation — department's powers and duties.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.440. Registry of abandoned or uncontrolled hazardous waste sites, contents — investigation — department's powers and duties. —
1. The department shall maintain and make available for public inspection a registry of confirmed abandoned or uncontrolled hazardous waste disposal sites in the state. The department shall take all necessary action to insure that the registry provides a complete listing of all such sites. The registry shall contain the exact location of each site and identify the types of waste found at each site.
2. The department shall investigate all known or suspected abandoned or uncontrolled sites and determine whether each site should be included in the registry. In the evaluation of known or suspected abandoned or uncontrolled sites, the department shall have the power to enter private property and perform tests and analyses in the manner provided in section 260.375.
­­--------
(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.450 - Priority of sites, listed in registry, determined by investigation — factors to be considered.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.450. Priority of sites, listed in registry, determined by investigation — factors to be considered. —
1. The director shall investigate each site listed in the registry to determine the relative priority of the site as provided in section 260.445.
2. The director shall for each site identify the:
(1) Address and site boundaries;
(2) Time period of use for disposal of hazardous waste;
(3) Name of the current owner and operator and names of reported owners and operators during the time period of use for disposal of hazardous waste;
(4) Names of persons responsible for the generation and transportation of hazardous waste disposed of; and
(5) Type, quantity and manner of hazardous waste disposal.
3. When preliminary evidence suggests further assessment is necessary, the director may assess the:
(1) Depth of water table at the site;
(2) Nature of soils at the site;
(3) Location, nature and size of aquifers at the site;
(4) Direction of present and historic groundwater flows at the site;
(5) Location and nature of surface waters at and near the site;
(6) Levels of contaminants, if any, in groundwater, surface water, air and soils at and near the site resulting from hazardous wastes disposed of at the site; and
(7) Current quality of all drinking water drawn from or distributed through the area in which the site is located, if the department determines that water quality may have been affected by the site.
4. The director shall maintain a site assessment file for each site listed in the registry. The file shall contain all information obtained pursuant to this section and shall be open to the public. The site materials in the file may be reproduced by any person. The department may impose a charge not to exceed the actual cost of reproduction for copies of file information.
­­--------
(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.455 - Registry, proposed site addition, procedure, notice.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.455. Registry, proposed site addition, procedure, notice. —
Within sixty days after June 27, 1983, the department shall notify by certified mail the owner of all or any part of each site or area to be included in the registry required by section 260.440 by mailing notice to the owner's last known address. Thereafter, thirty days before any site is added to the registry, the department shall notify the owner of all or any part of such site by certified mail of the proposed addition to the registry by mailing notice to each such owner at the owner's last known address.
­­--------
(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.460 - Listing or proposed listing of site in registry, procedure to remove.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 27 Jun 1983, see footnote
260.460. Listing or proposed listing of site in registry, procedure to remove. —
1. Any owner or operator of a site proposed for listing in the registry, or listed in the registry pursuant to section 260.440, may petition the director for deletion of such site, modification of the site classification or modification of any information regarding such site. No site shall be listed on the registry until after the resolution of any appeal initiated under this section.
2. Within ninety days after the submittal of such petition, the commission may convene a hearing to review the action of the director. No less than thirty days prior to the hearing, the commission shall cause a notice of hearing to be published in a newspaper of general circulation in the county in which the site is located. The commission shall also notify in writing any owner or operator of the site no less than thirty days prior to the hearing.
3. No later than thirty days following receipt of the complete record or following the decision not to hold a hearing, the commission shall provide the owner or operator with a written determination accompanied by reason therefor regarding action taken on the petition. All final decisions of the commission shall be reviewable under chapter 536.
4. The department shall, within ten days of any determination, notify the local governments of jurisdiction whenever a change is made in the registry pursuant to this section.
­­--------
(L. 1983 H.B. 528)
Effective 6-27-83
2023 Missouri Revised Statutes › Title XVI - Conservation, Resources and Development › Chapter 260 - Environmental Control › Section 260.465 - Change of use or transfer of site property — notice to buyer — appeal — violations, penalty.

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260
• Effective - 28 Aug 1988
260.465. Change of use or transfer of site property — notice to buyer — appeal — violations, penalty. —
1. No person may substantially change the manner in which an abandoned or uncontrolled hazardous waste disposal site on the registry prepared and maintained by the department pursuant to section 260.440 is used without the written approval of the director.
2. No person may sell, convey or transfer title to an abandoned or uncontrolled hazardous waste disposal site which is on the registry prepared and maintained by the department pursuant to section 260.440 without disclosing to the buyer early in the negotiation process that the site is on the registry, specifying applicable use restrictions and providing all registry information for the site. The seller shall also notify the buyer that he may be assuming liability for any remedial action at the site; provided, however, the sale, conveyance or transfer of property shall not absolve any person responsible for site contamination, including the seller, of liability for any remedial action at the site. The seller shall notify the department of the transfer of ownership within thirty days after the transfer.
3. Decisions of the director concerning the use of an abandoned or uncontrolled hazardous waste site may be appealed to the commission in the manner provided in section 260.460.
4. If the department has reason to believe that the provisions of this section have been violated, or are in imminent danger of being violated, it may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent such violation and for the assessment of a civil penalty not to exceed one thousand dollars per day for each day of violation.
­­--------
(L. 1983 H.B. 528, A.L. 1988 S.B. 535)