Effective - 28 Aug 2005
260.375. Duties of department — licenses required — permits required. — The department shall:
(1) Exercise general supervision of the administration and enforcement of sections 260.350 to 260.430 and all standards, rules and regulations, orders or license and permit terms and conditions adopted or issued pursuant to sections 260.350 to 260.430;
(2) Develop and implement programs to achieve goals and objectives set by the state hazardous waste management plan;
(3) Retain, employ, provide for and compensate, within appropriations available therefor, such consultants, assistants, deputies, clerks and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 260.350 to 260.430 and prescribe the times at which they shall be appointed and their powers and duties;
(4) Budget and receive duly appropriated moneys for expenditures to carry out the provisions of sections 260.350 to 260.430;
(5) Accept, receive and administer grants or other funds or gifts from public and private agencies including the federal government for the purpose of carrying out any of the functions of sections 260.350 to 260.430. Funds received by the department pursuant to this section shall be deposited with the state treasurer and held and disbursed by him or her in accordance with the appropriations of the general assembly;
(6) Provide the commission all necessary support the commission may require to carry out its powers and duties including, but not limited to: keeping of records of all meetings; notification, at the direction of the chairman of the commission, of the members of the commission of the time, place and purpose of each meeting by written notice; drafting, for consideration of the commission, a state hazardous waste management plan and standards, rules and regulations necessary to carry out the purposes of sections 260.350 to 260.430; and investigation of petitions for variances and complaints made to the commission and submission of recommendations thereto;
(7) Collect and maintain, and require any person to collect and maintain, such records and information of hazardous waste generation, storage, transportation, resource recovery, treatment and disposal in this state, including quantities and types imported and exported across the borders of this state and install, calibrate and maintain and require any person to install, calibrate and maintain such monitoring equipment or methods, and make reports consistent with the purposes of sections 260.350 to 260.430;
(8) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise;
(9) Develop facts and make inspections and investigations, including gathering of samples and performing of tests and analyses, consistent with the purposes of sections 260.350 to 260.430, and in connection therewith, to enter or authorize any representative of the department to enter, at all reasonable times, in or upon any private or public property for any purpose required by sections 260.350 to 260.430 or any federal hazardous waste management act. Such entry may be for the purpose, without limitation, of developing or implementing standards, rules and regulations, orders or license or permit terms and conditions, of inspecting or investigating any records required to be kept by sections 260.350 to 260.430 or any license or permit issued pursuant to sections 260.350 to 260.430 or any hazardous waste management practice which the department or commission believes violates sections 260.350 to 260.430, or any standard, rule or regulation, order or license or permit term or condition adopted or issued pursuant to sections 260.350 to 260.430, or otherwise endangers the health of humans or the environment, or the site of any suspected violation of sections 260.350 to 260.430, or any standard, rule or regulation, order, or license or permit term or condition adopted or issued pursuant to sections 260.350 to 260.430. The results of any such investigation shall be reduced to writing and shall be furnished to the owner or operator of the property. No person shall refuse entry or access requested for the purpose of inspection pursuant to this subdivision to an authorized representative of the department or commission who presents appropriate credentials, nor obstruct or hamper the representative in carrying out the inspection. A suitably restricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any judge or associate circuit judge having jurisdiction to any such representative for the purpose of enabling the representative to make such inspection;
(10) Require each hazardous waste generator located within this state to file a registration report containing such information as the commission by regulation may specify relating to types and quantities of hazardous waste generated and methods of hazardous waste management, and to meet all other requirements placed upon hazardous waste generators by sections 260.350 to 260.430 and the standards, rules and regulations and orders adopted or issued pursuant to sections 260.350 to 260.430;
(11) Require each hazardous waste transporter operating in this state to obtain a license and to meet all applicable requirements of sections 260.350 to 260.430 and section 226.008, and the standards, rules and regulations, orders and license terms and conditions adopted or issued pursuant to sections 260.350 to 260.430 and section 226.008;
(12) Require each hazardous waste facility owner and operator to obtain a permit for each such facility and to meet all applicable requirements of sections 260.350 to 260.430 and the standards, rules and regulations, orders and permit terms and conditions adopted or issued pursuant to sections 260.350 to 260.430;
(13) Issue, continue in effect, revoke, modify or deny in accordance with the standards, rules and regulations, and hazardous waste facility permits;
(14) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of sections 260.350 to 260.430;
(15) Enter such order or determination as may be necessary to effectuate the provisions of sections 260.350 to 260.430 and the standards, rules and regulations, and license and permit terms and conditions adopted or issued pursuant to sections 260.350 to 260.430;
(16) Enter such order or cause to be instituted in a court of competent jurisdiction such legal proceedings as may be necessary in a situation of imminent hazard, as prescribed in section 260.420;
(17) Settle or compromise as it may deem advantageous to the state, with the approval of the commission, any suit undertaken by the commission for recovery of any penalty or for compelling compliance with any provision of sections 260.350 to 260.430 or any standard, rule or regulation, order, or license or permit term or condition adopted or issued pursuant to sections 260.350 to 260.430;
(18) Advise, consult and cooperate with other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries in furtherance of the purposes of sections 260.350 to 260.430 and, upon request, consult with persons subject to sections 260.350 to 260.430 on the proper measures necessary to comply with the requirements of sections 260.350 to 260.430 and rules and regulations adopted pursuant to sections 260.350 to 260.430;
(19) Encourage, coordinate, participate in or conduct studies, investigations, research and demonstrations relating to hazardous waste management as it may deem advisable and necessary for the discharge of its duties pursuant to sections 260.350 to 260.430;
(20) Represent the state of Missouri in all matters pertaining to interstate hazardous waste management including the negotiation of interstate compacts or agreements;
(21) Arrange for the establishment, staffing, operation and maintenance of collection stations, within appropriations or other funding available therefor, for householders, farmers and other exempted persons as provided in section 260.380;
(22) Collect and disseminate information relating to hazardous waste management;
(23) Conduct education and training programs on hazardous waste problems and management;
(24) Encourage and facilitate public participation in the development, revision and implementation of the state hazardous waste program;
(25) Encourage waste reduction, resource recovery, exchange and energy conservation in hazardous waste management;
(26) Exercise all powers necessary to carry out the provisions of sections 260.350 to 260.430, assure that the state of Missouri complies with any federal hazardous waste management act and retains maximum control thereunder, and receives all desired federal grants, aid and other benefits;
(27) Present to the public, at a public meeting, and to the governor and the members of the general assembly, an annual report on the status of the state hazardous waste program;
(28) Develop comprehensive plans and programs to aid in the establishment of hazardous waste disposal sites as needed within the various geographical areas of the state within a reasonable period of time;
(29) Control, abate or clean up any hazardous waste placed into or on the land in a manner which endangers or is reasonably likely to endanger the health of humans or the environment and, in aid thereof, may cause to be filed by the attorney general or a prosecuting attorney, a suit seeking mandatory or prohibitory injunctive relief or such other relief as may be appropriate. The department shall also take such action as is necessary to recover all costs associated with the cleanup of any hazardous waste from the person responsible for the waste. All money received shall be deposited in the hazardous waste fund created in section 260.391;
(30) Oversee any corrective action work undertaken pursuant to sections 260.350 to 260.430 and rules promulgated pursuant to sections 260.350 to 260.430 to investigate, monitor, or clean up releases of hazardous waste or hazardous constituents to the environment at hazardous waste facilities. The department shall review the technical and regulatory aspects of corrective action plans, reports, documents, and associated field activities, and attest to their accuracy and adequacy. Owners or operators of hazardous waste facilities performing corrective actions shall pay to the department all reasonable costs, as determined by the commission, incurred by the department pursuant to this subdivision. All such funds remitted by owners or operators of hazardous waste facilities performing corrective actions shall be deposited in the hazardous waste fund created in section 260.391.
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(L. 1977 H.B. 318 § 6, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 2000 S.B. 577, A.L. 2004 S.B. 1040, 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.