Missouri Revised Statutes
Chapter 260 - Environmental Control
Section 260.235 - Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when.

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)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVI - Conservation, Resources and Development

Chapter 260 - Environmental Control

Section 260.003 - All licenses, permits or grants of authority by department must be in compliance with local area's zoning, building, health codes or ordinances, procedure to determine compliance.

Section 260.005 - Definitions.

Section 260.010 - Authority created.

Section 260.015 - Purpose of authority.

Section 260.020 - Membership of authority, appointed how, terms, quorum.

Section 260.025 - Officers, how selected.

Section 260.030 - Compensation and expenses.

Section 260.035 - Powers of authority — authority employee membership in state employees' retirement system.

Section 260.040 - Revenue bonds, issued when — sale, limitations — procedure — rate.

Section 260.045 - Notes issued when, how sold.

Section 260.050 - Renewal notes or refunding bonds issued when.

Section 260.055 - Resolution authorizing notes or bonds, contents of.

Section 260.060 - Resolution may provide for trust agreements.

Section 260.065 - Notes and bonds not an indebtedness of the state.

Section 260.070 - Notes and bonds approved as investments — who may invest.

Section 260.075 - Projects subject to taxation — notes, bonds and their income tax free, exceptions.

Section 260.080 - Funds of authority not to be distributed to members or private persons, except for compensation for services.

Section 260.085 - Termination or dissolution, property to pass to state.

Section 260.090 - Proposed expenditure of federal funds in coming fiscal year requires itemized report to appropriations and the oversight division, committee on legislative research.

Section 260.095 - Contracts between authority and political subdivisions, purpose.

Section 260.100 - Authority member not personally liable on notes or bonds issued.

Section 260.110 - Statutory conflicts, which prevails.

Section 260.115 - Loans for energy resource development, requirements — fee charged, when — deposit in and use of energy resources insured loan fund.

Section 260.120 - Interest rate on loans.

Section 260.125 - Severability.

Section 260.200 - Definitions.

Section 260.203 - Infectious waste, treatment of — hospitals, department of health and senior services to promulgate rules — transportation of — registration of hospitals — proper disposal, penalty — fee on delivery, exceptions — inspection fee, amou...

Section 260.204 - Permit for treatment of infectious waste, not to be issued, when.

Section 260.205 - Permit required to operate facility, and construction permit to construct facility, requirements, exceptions, fees — plans to be submitted — permits revoked or suspended, when — disclosure statement, requirements — inapplicability t...

Section 260.206 - Owner or operator shall provide quality assurance and quality control oversight of inspections during area closure, postclosure and corrective action plans, requirements — department may suspend, revoke or modify permit.

Section 260.207 - Permit not to be issued, when — notice to department of certain crimes, penalty for failure to notify — reinstatement, when.

Section 260.208 - Contracts with specified parties prohibited, when — notice of certain convictions required, penalty.

Section 260.209 - Property acquired outside city, county or district for solid waste disposal, compliance with zoning ordinances required.

Section 260.210 - Prohibited acts, exception — search warrants to issue, when — investigations, department may conduct, how — demolition waste, disposal of, requirements — building permits, notice of disposal of demolition waste required, form — exce...

Section 260.211 - Demolition waste, criminal disposition of — penalties — conspiracy.

Section 260.212 - Solid waste, criminal disposition of — penalties — conspiracy.

Section 260.213 - Disclosure of landfill, sale of property, required.

Section 260.214 - Preliminary site investigation approval, not required for certain counties — severability clause.

Section 260.215 - Solid wastes, how handled — duties of cities and counties — exemptions — charges, how stated, how collected.

Section 260.216 - Solid waste disposal in receptacle of another, prohibited — penalty.

Section 260.220 - Plans to be submitted, contents of — disapproval, effect of.

Section 260.221 - Processed recycled asphalt shingles — definitions — use without permit, when.

Section 260.225 - Duties of department — rules and regulations, promulgation of, procedures — model solid waste management plans, contents — coordination with other state agencies.

Section 260.226 - Closure of facility, plan to be submitted, contents — notice, when — financial assurance instrument, release of, when — exceptions.

Section 260.227 - Postclosure plan, contents — financial assurance instrument required — owner or operator of sanitary or demolition landfill to take corrective action, when — plan required — financial assurance, amount, form required, released when.

Section 260.228 - Failure to implement closure, postclosure plan or corrective action plan, forfeiture of collateral, when.

Section 260.230 - Department may order repairs, alterations, construction or reconstruction, when — injunctive relief, when.

Section 260.235 - Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when.

Section 260.236 - Severability of provisions.

Section 260.240 - Violations, how proceeded against — county regulations, how enforced, penalty for violation — exceptions.

Section 260.241 - Permit not to be issued, when.

Section 260.242 - Coal combustion residual units — rules for closure and groundwater criteria — state CCR program — fees, deposit in subaccount — rulemaking authority.

Section 260.243 - Buffer zone required, commercial processing facility, how determined.

Section 260.245 - Tax, how levied — limitation — form of ballot.

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.

Section 260.249 - Administrative penalties — not to be assessed for minor violation, definition — amount set by rule, payment when — appeal effect — surcharge due when — unpaid penalty, collection — time limitation to assess violation — judicial appe...

Section 260.250 - Major appliances, waste oil, yard waste and batteries, disposal restricted — recycling of certain items, addressed in solid waste management plan.

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.

Section 260.254 - Grants for household consumer-used motor oil collection systems, requirements — centers not to accept motor oil from commercial operation.

Section 260.260 - Batteries, lead-acid, disposal of restricted — penalty.

Section 260.262 - Retailers of lead-acid batteries, duties — notice to purchaser, contents.

Section 260.264 - Notices to public, batteries, duties of department.

Section 260.266 - Wholesalers of lead-acid batteries, duties — storage of batteries, requirements.

Section 260.267 - Restriction on sales of certain batteries, effective dates — sale of nonbutton cell mercuric-oxide battery requirements, duties of manufacturer, violation, penalty.

Section 260.269 - In-state private entity disposal permitted, when.

Section 260.270 - Scrap tires, prohibited activities — penalties — site owners, no new scrap tire sites permitted, when, exception — registration required, duty to inform department, contents — rules and regulations — permit fees — duties of departme...

Section 260.272 - Scrap tires and rubber chips may be used as landfill cover, department of natural resources to promulgate rules.

Section 260.273 - Fee, sale of new tires, amount — collection, use of moneys — termination.

Section 260.275 - Scrap tire site, closure plan, contents — financial assurance instrument, purpose, how calculated.

Section 260.276 - Nuisance abatement activities, department may conduct — costs, civil action authorized, exception — resource recovery or nuisance abatement bids on contract, who may bid — content — nonprofits may be eligible for cleanup reimburseme...

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.

Section 260.279 - Preference and bonus points for contracts for the removal or clean up of waste tires, when.

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.

Section 260.281 - Plastic, plastic bottles or rigid plastic container defined — containers, must have coded label, content, form — exempt products, rules established by department — violations, penalty.

Section 260.283 - Paper or plastic bags, customers to have option, when — political subdivisions prohibited from imposing ban, fee, or tax on.

Section 260.295 - Refrigerants, use of — building codes not to prohibit if approved for use under federal law.

Section 260.300 - Regions, division of state into — procedures, purpose.

Section 260.302 - County may apply for change in region, when, procedures.

Section 260.305 - Creation of district, procedures — boundaries, limitations — petition to establish — district a body corporate and politic, when — election.

Section 260.310 - Contractual authority, powers.

Section 260.315 - Council, selection of members, terms — meetings — powers — selection of executive board, terms.

Section 260.320 - Executive board, meetings, selection of officers — powers, duties — contractual authority.

Section 260.324 - Grants, familial relationships not a disqualifier — voting restrictions.

Section 260.325 - Solid waste management plan, submitted to department, contents, procedures — approval, revision of plan — funds may be made available, purpose — audits.

Section 260.330 - Landfill fee, amount — solid waste management fund, created, purpose — department to enforce — transfer station, fee charged — free disposal day, notice.

Section 260.335 - Distribution of fund moneys, uses — grants, distribution of moneys — advisory board, solid waste, duties.

Section 260.345 - Solid waste advisory board, members — qualifications — duties and powers — removal of board member for failure to attend meetings, when — report — meetings.

Section 260.350 - Short title.

Section 260.352 - Department of natural resources shall verify compliance with corrective action plans for hazardous waste management.

Section 260.355 - Exempted wastes.

Section 260.360 - Definitions.

Section 260.365 - Hazardous waste management commission created — composition, qualifications — compensation — terms — meetings, notice required, quorum.

Section 260.370 - Duties and powers of commission — rules and regulations to be adopted, procedures — inspection fees, use of, refund, when — variances granted, when.

Section 260.371 - Severability clause, exceptions.

Section 260.372 - Powers and duties of commission.

Section 260.373 - Rulemaking authority, limitations on — inconsistent rules null and void, when — rulemaking authority.

Section 260.375 - Duties of department — licenses required — permits required.

Section 260.377 - Inspection by department.

Section 260.380 - Duties of hazardous waste generators — fees to be collected, disposition — exemptions — expiration of fees.

Section 260.385 - Activities not allowed and requirements to be met by hazardous waste transporters.

Section 260.390 - Duties of hazardous waste facility owners and operators — tax to be collected, disposition — duties upon termination of use of facility — inspection fees, commercial facilities, requirements.

Section 260.391 - Hazardous waste fund created — payments — subaccount created, purpose — transfer of moneys — restrictions on use of moneys — general revenue appropriation to be requested annually.

Section 260.392 - Definitions — fees for transport of radioactive waste — deposit of moneys, use — notice of shipments — sunset date.

Section 260.393 - Technology for treatment of hazardous waste, generators to use best available, exceptions.

Section 260.394 - Disposal of untreated hazardous waste, prohibited, exceptions — alternative to landfilling, best demonstrated available technology.

Section 260.395 - Transportation of hazardous waste, how permitted — fees, how determined — notice prior to issuance of permit — permit not required of whom — application for certification, when — permit maintained for postclosure care period — leach...

Section 260.396 - PCB, definition — facilities, regulation of — list of PCB facilities — compliance with requirements, time limitation.

Section 260.400 - Procedure for conducting public hearings.

Section 260.405 - Variances granted, when.

Section 260.410 - Department to enforce standards, rules and regulations — appeal authorized.

Section 260.412 - Administrative penalties — not to be assessed for minor violation — conference, conciliation and persuasion — rules and regulations, payment — appeal, effect — unpaid penalty, collection — time limit — review.

Section 260.415 - Appeals — other remedies available, costs.

Section 260.420 - Imminent hazard, action to be taken.

Section 260.423 - Facility ordered to accept waste, reimbursement rate disagreement, procedure.

Section 260.424 - Underground injection prohibited.

Section 260.425 - Violations, how punished.

Section 260.429 - No permit in non-karst area of state over groundwater divide.

Section 260.430 - Confidential information — illegal disclosure, penalty.

Section 260.431 - Buffer zone required, commercial facility, how determined — limitations, requirements, certain facilities.

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.

Section 260.433 - Commercial hazardous waste facilities, prohibited activities (third or fourth class counties).

Section 260.435 - Definitions, sections 260.435 to 260.480 — definition of hazardous waste not to include certain materials.

Section 260.437 - Rules and regulations, authority.

Section 260.440 - Registry of abandoned or uncontrolled hazardous waste sites, contents — investigation — department's powers and duties.

Section 260.445 - Abandoned and uncontrolled sites, annual report, content — sent to whom.

Section 260.450 - Priority of sites, listed in registry, determined by investigation — factors to be considered.

Section 260.455 - Registry, proposed site addition, procedure, notice.

Section 260.460 - Listing or proposed listing of site in registry, procedure to remove.

Section 260.465 - Change of use or transfer of site property — notice to buyer — appeal — violations, penalty.

Section 260.470 - Recording of sites, placed on or removed from registry — removal procedure.

Section 260.475 - Fees to be paid by hazardous waste generators — exceptions — deposit of moneys — violations, penalty — deposit — fee requirement, expiration — fee structure review.

Section 260.480 - Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund.

Section 260.482 - Incineration of certain material by Department of Defense, limitation.

Section 260.500 - Definitions.

Section 260.505 - Hazardous substance emergency response plan to be developed by department director — contents of plan.

Section 260.510 - Hazardous substances, director's powers and duties.

Section 260.515 - Actions to abate, control or clean up not construed as admission of liability.

Section 260.520 - Rules and regulations, limitation — procedure.

Section 260.525 - Investigation, no person to refuse entry — search warrant to be issued.

Section 260.530 - Cleanup costs, liability — failure to comply, damages, exceptions — records of expense to be kept.

Section 260.535 - Hazardous waste fund, deposits to — purpose for use.

Section 260.540 - State employees acting in official capacity, liability.

Section 260.545 - Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when.

Section 260.546 - Emergency assistance — cost, how paid — cost statement, contents — payment, when — amount, appeal procedure — state fund to pay cost but repayment required.

Section 260.550 - Information to be available to public, exceptions.

Section 260.552 - Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions — waste cleanup of environmental hazard defined.

Section 260.558 - Radioactive waste investigation fund created, purpose, use of moneys — limitation on transfers.

Section 260.565 - Definitions.

Section 260.567 - Application for voluntary remediation, requirements, form, fee — review by department — duties of applicant, reports — remedial action plan, review of — duties.

Section 260.569 - Reimbursement for costs to department, computation — deposit of funds — termination from participation by department, when — refund of balance, when.

Section 260.571 - Hazardous waste management commission may promulgate rules, scope.

Section 260.573 - Completion of plan, department to issue letter, contents — effect.

Section 260.575 - False information, submission of — penalty.

Section 260.600 - Area revitalization authorities to hold title in cleanup areas — transfer of title to department, when — dissolution of authority (certain first class counties, charter form).

Section 260.602 - Authorities' articles of incorporation, content.

Section 260.603 - Articles filed where — secretary of state, duties.

Section 260.605 - Board of directors, number, qualifications, election, term.

Section 260.607 - Powers and duties of board.

Section 260.609 - Authority, state and state employees no liability, when.

Section 260.700 - Membership authorized — compact — purposes.

Section 260.705 - Definitions.

Section 260.710 - Extended care and long-term liability account established, purposes — if Missouri designated a host state, duties.

Section 260.715 - Operators of regional disposal facilities to purchase maximum insurance — insurance to be used, how.

Section 260.720 - Compact commissioner and alternate, appointment, compensation, when, expenses, duties.

Section 260.730 - Tax levy authorized for counties containing regional disposal facilities.

Section 260.735 - Designation as host state, governor's duty — approval by general assembly required, exception.

Section 260.750 - Environmental radiation monitoring program and fund established — purposes.

Section 260.800 - Definitions.

Section 260.805 - Electric suppliers to purchase electricity generated, rate allowable.

Section 260.810 - Extraordinary costs and interconnection charges paid by governing body.

Section 260.815 - Loss of revenue, rate case before public service commission allowable.

Section 260.818 - Definitions.

Section 260.819 - Removal costs and damages, liability, limitations.

Section 260.820 - Definitions.

Section 260.822 - Content concentration of certain elements, restrictions.

Section 260.824 - Exemptions.

Section 260.830 - Landfill fee authorized, counties of third and fourth classification — approval, ballot, limitation.

Section 260.831 - Collection of fee by operator, payment required — separate surcharge, transmittal of funds.

Section 260.900 - Definitions.

Section 260.905 - Hazardous waste management commission to promulgate rules for dry-cleaning facility environmental remediation.

Section 260.910 - Violations of dry-cleaning remediation laws — civil damages.

Section 260.915 - Registration of dry-cleaning facilities with department.

Section 260.920 - Dry-cleaning environmental response trust fund created — purpose — not to be considered total state revenue.

Section 260.925 - Expenditures from fund, how used — fund not to be used, when — liability determinations — entry onto premises where corrective action required — fund payment limit — owner liability when fund payment obtained.

Section 260.930 - State immunity from liability due to corrective action — private action against dry-cleaning facility not prohibited — corrective action not to be compelled at eligible dry-cleaning facilities — director approval of plans, when.

Section 260.935 - Dry-cleaning facility registration surcharge — deposited in fund — penalties and interest for nonpayment.

Section 260.940 - Dry-cleaning solvent surcharge, amount imposed due to solvent factor — deposited in fund — penalties and interest for nonpayment — operators not to purchase solvent from persons not paying surcharge.

Section 260.945 - Surcharges not collected, when.

Section 260.950 - Judicial review.

Section 260.955 - Department to report on fund, corrective action from fund.

Section 260.960 - Rulemaking.

Section 260.965 - Expiration date.

Section 260.1000 - Citation of law.

Section 260.1003 - Definitions.

Section 260.1006 - Holder of an environmental covenant — department bound by covenant — rules for interests in real property.

Section 260.1009 - Contents of a covenant.

Section 260.1012 - Enforceability of covenants, criteria.

Section 260.1015 - Use of real property subject to zoning laws and recorded instruments.

Section 260.1018 - Copy of covenant to be provided, to whom.

Section 260.1021 - Recording of a covenant, procedure.

Section 260.1024 - Covenants are perpetual, exceptions — department may terminate covenants, when.

Section 260.1027 - Amendment or termination of a covenant, requirements — interest in property not affected by amendment.

Section 260.1030 - Civil action may be maintained, when — department to maintain regulatory authority.

Section 260.1033 - Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form.

Section 260.1036 - Inapplicability to storage tanks.

Section 260.1039 - Effect of act on certain federal laws.

Section 260.1050 - Citation of act.

Section 260.1053 - Definitions.

Section 260.1059 - Applicability of act — exceptions.

Section 260.1062 - Recovery plan required, contents — use of existing infrastructure permitted — report required.

Section 260.1065 - Labeling requirements for sale of new equipment.

Section 260.1068 - Information on computer materials, immunity from liability, when.

Section 260.1071 - Department to educate consumers — internet site required.

Section 260.1074 - Audits and inspections by department permitted — enforcement of act — warning notices — penalties may be assessed, subaccount created.

Section 260.1077 - Financial and proprietary information not a public record.

Section 260.1080 - Report to legislative committees.

Section 260.1083 - Fee not authorized, when.

Section 260.1089 - Recycling and reuse, compliance with federal, state and local law required — rulemaking authority.

Section 260.1092 - Federal law may preempt, when.

Section 260.1101 - Rulemaking authority.

Section 260.1150 - Citation of law — public benefit nonprofit corporation, purpose — powers — board, members — immunity from liability. (Iron, Jefferson, Madison, Reynolds, St. Francois, Washington and Wayne counties)