260.370. Duties and powers of commission--rules and regulations to be adopted, procedures--inspection fees, use of, refund, when--variances granted, when--joint committee for fee restructuring authori
Duties and powers of commission--rules and regulations to be adopted,procedures--inspection fees, use of, refund, when--variances granted,when--joint committee for fee restructuring authorized.
260.370. 1. Where proven technology is available and the economicimpact is reasonable, pursuant to rules and regulations promulgated by thecommission, the hazardous waste management commission shall encourage thatevery effort is made to effectively treat, recycle, detoxify, incinerate orotherwise treat hazardous waste to be disposed of in the state of Missouri inorder that such wastes are not disposed of in a manner which is hazardous tothe public health and the environment. Where proven technology is availablewith respect to a specific hazardous waste and the economic impact isreasonable, pursuant to rules and regulations promulgated by the commission,the hazardous waste management commission shall direct that disposal of thespecific hazardous wastes using land filling as the primary method isprohibited.
2. The hazardous waste management commission shall, by rules andregulations, categorize hazardous waste by taking into account toxicity,persistence and degradability in nature, potential for accumulation in tissue,and other related factors such as flammability, corrosiveness and otherhazardous characteristics. The commission shall by rules and regulationsfurther establish within each category the wastes which may or may not bedisposed of through alternative hazardous waste management technologiesincluding, but not limited to, treatment facilities, incinerators, landfills,landfarms, storage facilities, surface impoundments, recycling, reuse andreduction. The commission shall specify, by rule and regulation, thefrequency of inspection for each method of hazardous waste management and forthe different waste categories at hazardous waste management sites. Theinspection may be daily when the hazardous waste management commission deemsit necessary. The hazardous waste management commission shall specify, byrule, fees to be paid to the department by owners or operators of hazardouswaste facilities who have obtained, or are required to obtain, a hazardouswaste facility permit and who accept, on a commercial basis for remuneration,hazardous waste from off-site sources, but not including wastes generated bythe same person at other sites located in Missouri or within a metropolitanstatistical area located partially in Missouri and owned or operated by thesame person and transferred to the hazardous waste facility, for treatment,storage or disposal, for inspections conducted by the department to determinecompliance with sections 260.350 to 260.430 and the regulations promulgatedthereunder. Funds derived from these inspection fees shall be used for thepurpose of funding the inspection of hazardous waste facilities, as specifiedin subsection 3 of section 260.391. Such fees shall not exceed twelvethousand dollars per year per facility and the commission shall establish agraduated fee scale based on the volume of hazardous waste accepted withreduced fees for facilities accepting smaller volumes of hazardous waste. Thedepartment shall furnish, upon request, to the person, firm or corporationoperating the hazardous waste facility a complete, full and detailedaccounting of the cost of the department's inspections of the facility for thetwelve-month period immediately preceding the request within forty-five daysafter receipt of the request. Failure to provide the accounting withinforty-five days shall require the department to refund the inspection fee paidduring the twelve-month-time period.
3. In addition to any other powers vested in it by law, the commissionshall have the following powers:
(1) From time to time adopt, amend or repeal, after due notice andpublic hearing, standards, rules and regulations to implement, enforce andcarry out the provisions of sections 260.350 to 260.430 and any required ofthis state by any federal hazardous waste management act and as the commissionmay deem necessary to provide for the safe management of hazardous wastes toprotect the health of humans and the environment. In implementing thissubsection, the commission shall consider the variations within this state inclimate, geology, population density, quantities and types of hazardous wastesgenerated, availability of hazardous waste facilities and such other factorsas may be relevant to the safe management of hazardous wastes. Within twoyears after September 28, 1977, the commission shall adopt rules andregulations including the following:
(a) Rules and regulations establishing criteria and a listing for thedetermination of whether any waste or combination of wastes is hazardous forthe purposes of sections 260.350 to 260.430, taking into account toxicity,persistence and degradability in nature, potential for accumulation in tissue,and other related factors such as flammability, corrosiveness and otherhazardous characteristics;
(b) Rules and regulations for the storage, treatment and disposal ofhazardous wastes;
(c) Rules and regulations for the transportation, containerization andlabeling of hazardous wastes, which shall be consistent with those issued bythe Missouri public service commission;
(d) Rules and regulations establishing standards for the issuance,modification, suspension, revocation or denial of such licenses and permits asare consistent with the purposes of sections 260.350 to 260.430;
(e) Rules and regulations establishing standards and procedures for thesafe operation and maintenance of hazardous waste facilities in order toprotect the health of humans and other living organisms;
(f) Rules and regulations listing those wastes or combinations ofwastes, for which criteria have been established under paragraph (a) of thissubdivision and which are not compatible and which may not be stored ordisposed of together;
(g) Rules and regulations establishing procedures and requirements forthe reporting of the generation, storage, transportation, treatment ordisposal of hazardous wastes;
(2) Adopt and publish, after notice as required by the provisions ofchapter 536, RSMo, pertaining to administrative rulemaking, and publichearing, a state hazardous waste management plan to provide for the safe andeffective management of hazardous wastes within this state. This plan shallbe adopted within two years after September 28, 1977, and revised at leastonce every five years thereafter;
(3) Hold hearings, issue notices of hearings and subpoenas requiring theattendance of witnesses and the production of evidence, administer oaths andtake testimony as the commission deems necessary to accomplish the purposes ofsections 260.350 to 260.430 or as required by any federal hazardous wastemanagement act. Unless otherwise specified in sections 260.350 to 260.430,any of these powers may be exercised on behalf of the commission by anymembers thereof or a hearing officer designated by it;
(4) Grant individual variances in accordance with the provisions ofsections 260.350 to 260.430;
(5) Make such orders as are necessary to implement, enforce andeffectuate the powers, duties and purposes of sections 260.350 to 260.430.
4. No rule or portion of a rule promulgated under the authority ofsections 260.350 to 260.480 and sections 260.565 to 260.575 shall becomeeffective unless it has been promulgated pursuant to the provisions of section536.024, RSMo.
5. To the extent there is a conflict concerning authority for risk-basedremediation rules between this section and section 644.143, RSMo, orsubdivision (8) of section 644.026, RSMo, this section shall prevail.
6. Beginning July 1, 2004, a joint committee appointed by the speaker ofthe house of representatives and the president pro tem of the senate shallconsider proposals for restructuring the fees paid by hazardous wastegenerators and hazardous waste facilities. The committee shall consideroptions for expanding the fee structure to more fairly apportion the cost ofservices provided among all those that benefit from those services. Thecommittee shall prepare and submit a report including its recommendation forchanges to the governor, the house of representatives, and the senate no laterthan December 31, 2004.
(L. 1977 H.B. 318 § 5, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1988 S.B. 535, A.L. 1993 S.B. 52 merged with S.B. 80, et al., A.L. 1995 S.B. 3, A.L. 2004 S.B. 901 merged with S.B. 1040)Effective 6-22-04 (S.B. 1040) 8-28-04 (S.B. 901)