260.394. Disposal of untreated hazardous waste, prohibited, exceptions--alternative to landfilling, best demonstrated available technology.
Disposal of untreated hazardous waste, prohibited,exceptions--alternative to landfilling, best demonstratedavailable technology.
260.394. 1. Nothing in this section shall apply to thestorage or treatment of hazardous waste by a generator on-site orto the disposal on-site of smelter slag waste from the processingof materials into reclaimed metals if the smelter was inoperation prior to August 13, 1988, nor preclude thetransportation of hazardous waste out of state for treatment,storage or disposal. After August 13, 1988, no person shalldispose of untreated hazardous waste in a hazardous wastedisposal facility permitted in the state of Missouri.
2. Before using a hazardous waste disposal facilitypermitted under sections 260.350 to 260.432, generators ofhazardous waste must prove that they have investigated andreviewed alternatives to landfilling to an extent acceptable tothe hazardous waste management commission. The generator shalluse, to the maximum extent feasible, the best demonstratedavailable technology for source reduction, recycling, treatment,stabilization, solidification or destruction, including, but notlimited to, biodegradation, detoxification, incineration andneutralization, as determined by the commission. In determiningthe best demonstrated available technology, the commission shallgive consideration to the relative economic feasibility of thetechnology, including potential future costs of cleanup andenvironmental damage. Such technology shall render the hazardouswaste sufficiently low in toxicity, reactivity and corrosivity asto present the least possible risk to human health and safety andto the environment in the event of a release from a hazardouswaste disposal facility.
3. The commission shall determine that the bestdemonstrated available technology is used at hazardous wastedisposal facilities in the state of Missouri in accordance withthe provisions of sections 260.350 to 260.432, and the federalResource Conservation and Recovery Act (P.L. 94-580), as amended.
4. Any hazardous waste diluted below the listedconcentration threshold shall remain a listed hazardous wasteunless the dilution occurs as a normal part of the manufacturingprocess.
5. The provisions of this section shall not apply toabandoned or uncontrolled sites as listed under section 260.440,or sites listed in the national priority list pursuant to thefederal Comprehensive Environmental Response, Compensation, andLiability Act of 1980 (P.L. 96-510), as amended, unless otherwisedetermined by the department or required by the commission byrule.
(L. 1988 S.B. 485 § 260.393, A.L. 1992 S.B. 480)