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)
Structure Missouri Revised Statutes
Title XVI - Conservation, Resources and Development
Chapter 260 - Environmental Control
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 260.040 - 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 260.085 - Termination or dissolution, property to pass to state.
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 260.120 - Interest rate on loans.
Section 260.125 - Severability.
Section 260.200 - Definitions.
Section 260.204 - Permit for treatment of infectious waste, not to be issued, when.
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 260.216 - 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 260.236 - Severability of provisions.
Section 260.241 - Permit not to be issued, when.
Section 260.243 - Buffer zone required, commercial processing facility, how determined.
Section 260.245 - Tax, how levied — limitation — form of ballot.
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 260.269 - In-state private entity disposal permitted, when.
Section 260.273 - Fee, sale of new tires, amount — collection, use of moneys — termination.
Section 260.300 - Regions, division of state into — procedures, purpose.
Section 260.302 - County may apply for change in region, when, procedures.
Section 260.310 - Contractual authority, powers.
Section 260.324 - Grants, familial relationships not a disqualifier — voting restrictions.
Section 260.350 - Short title.
Section 260.355 - Exempted wastes.
Section 260.360 - Definitions.
Section 260.371 - Severability clause, exceptions.
Section 260.372 - Powers and duties of commission.
Section 260.375 - Duties of department — licenses required — permits required.
Section 260.377 - Inspection by department.
Section 260.385 - Activities not allowed and requirements to be met by hazardous waste transporters.
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 260.415 - 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 260.437 - Rules and regulations, authority.
Section 260.445 - Abandoned and uncontrolled sites, annual report, content — sent to whom.
Section 260.455 - Registry, proposed site addition, procedure, notice.
Section 260.460 - Listing or proposed listing of site in registry, procedure to remove.
Section 260.470 - Recording of sites, placed on or removed from registry — removal procedure.
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 260.510 - 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 260.535 - Hazardous waste fund, deposits to — purpose for use.
Section 260.540 - State employees acting in official capacity, liability.
Section 260.550 - Information to be available to public, exceptions.
Section 260.565 - Definitions.
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 260.602 - 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 260.730 - Tax levy authorized for counties containing regional disposal facilities.
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 260.900 - Definitions.
Section 260.910 - Violations of dry-cleaning remediation laws — civil damages.
Section 260.915 - Registration of dry-cleaning facilities with department.
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 260.965 - Expiration date.
Section 260.1000 - Citation of law.
Section 260.1003 - Definitions.
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 260.1036 - 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 260.1065 - 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 260.1077 - Financial and proprietary information not a public record.
Section 260.1080 - Report to legislative committees.
Section 260.1083 - Fee not authorized, when.
Section 260.1092 - Federal law may preempt, when.