Missouri Revised Statutes
Chapter 260 - Environmental Control
Section 260.371 - Severability clause, exceptions.

Effective - 03 May 1988
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.
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(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.

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)