Effective - 28 Aug 2014, 3 histories
260.392. Definitions — fees for transport of radioactive waste — deposit of moneys, use — notice of shipments — sunset date. — 1. As used in sections 260.392 to 260.399*, the following terms mean:
(1) "Cask", all the components and systems associated with the container in which spent fuel, high-level radioactive waste, highway route controlled quantity, or transuranic radioactive waste are stored;
(2) "High-level radioactive waste", the highly radioactive material resulting from the reprocessing of spent nuclear fuel including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations, and other highly radioactive material that the United States Nuclear Regulatory Commission has determined to be high-level radioactive waste requiring permanent isolation;
(3) "Highway route controlled quantity", as defined in 49 CFR Part 173.403, as amended, a quantity of radioactive material within a single package. Highway route controlled quantity shipments of thirty miles or less within the state are exempt from the provisions of this section;
(4) "Low-level radioactive waste", any radioactive waste not classified as high-level radioactive waste, transuranic radioactive waste, or spent nuclear fuel by the United States Nuclear Regulatory Commission, consistent with existing law. Shipment of all sealed sources meeting the definition of low-level radioactive waste, shipments of low-level radioactive waste that are within a radius of no more than fifty miles from the point of origin, and all naturally occurring radioactive material given written approval for landfill disposal by the Missouri department of natural resources under 10 CSR 80- 3.010 are exempt from the provisions of this section. Any low-level radioactive waste that has a radioactive half-life equal to or less than one hundred twenty days is exempt from the provisions of this section;
(5) "Shipper", the generator, owner, or company contracting for transportation by truck or rail of the spent fuel, high-level radioactive waste, highway route controlled quantity shipments, transuranic radioactive waste, or low-level radioactive waste;
(6) "Spent nuclear fuel", fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing;
(7) "State-funded institutions of higher education", any campus of any university within the state of Missouri that receives state funding and has a nuclear research reactor;
(8) "Transuranic radioactive waste", defined in 40 CFR Part 191.02, as amended, as waste containing more than one hundred nanocuries of alpha-emitting transuranic isotopes with half-lives greater than twenty years, per gram of waste. For the purposes of this section, transuranic waste shall not include:
(a) High-level radioactive wastes;
(b) Any waste determined by the Environmental Protection Agency with the concurrence of the Environmental Protection Agency administrator that does not need the degree of isolation required by this section; or
(c) Any waste that the United States Nuclear Regulatory Commission has approved for disposal on a case-by-case basis in accordance with 10 CFR Part 61, as amended.
2. Any shipper that ships high-level radioactive waste, transuranic radioactive waste, highway route controlled quantity shipments, spent nuclear fuel, or low-level radioactive waste through or within the state shall be subject to the fees established in this subsection, provided that no state-funded institution of higher education that ships nuclear waste shall pay any such fee. These higher education institutions shall reimburse the Missouri state highway patrol directly for all costs related to shipment escorts. The fees for all other shipments shall be:
(1) One thousand eight hundred dollars for each truck transporting through or within the state high-level radioactive waste, transuranic radioactive waste, spent nuclear fuel or highway route controlled quantity shipments. All truck shipments of high-level radioactive waste, transuranic radioactive waste, spent nuclear fuel, or highway route controlled quantity shipments are subject to a surcharge of twenty-five dollars per mile for every mile over two hundred miles traveled within the state;
(2) One thousand three hundred dollars for the first cask and one hundred twenty-five dollars for each additional cask for each rail shipment through or within the state of high-level radioactive waste, transuranic radioactive waste, or spent nuclear fuel;
(3) One hundred twenty-five dollars for each truck or train transporting low-level radioactive waste through or within the state.
The department of natural resources may accept an annual shipment fee as negotiated with a shipper or accept payment per shipment.
3. All revenue generated from the fees established in subsection 2 of this section shall be deposited into the environmental radiation monitoring fund established in section 260.750 and shall be used by the department of natural resources to achieve the following objectives and for purposes related to the shipment of high-level radioactive waste, transuranic radioactive waste, highway route controlled quantity shipments, spent nuclear fuel, or low-level radioactive waste, including, but not limited to:
(1) Inspections, escorts, and security for waste shipment and planning;
(2) Coordination of emergency response capability;
(3) Education and training of state, county, and local emergency responders;
(4) Purchase and maintenance of necessary equipment and supplies for state, county, and local emergency responders through grants or other funding mechanisms;
(5) Emergency responses to any transportation incident involving the high-level radioactive waste, transuranic radioactive waste, highway route controlled quantity shipments, spent nuclear fuel, or low-level radioactive waste;
(6) Oversight of any environmental remediation necessary resulting from an incident involving a shipment of high-level radioactive waste, transuranic radioactive waste, highway route controlled quantity shipments, spent nuclear fuel, or low-level radioactive waste. Reimbursement for oversight of any such incident shall not reduce or eliminate the liability of any party responsible for the incident; such party may be liable for full reimbursement to the state or payment of any other costs associated with the cleanup of contamination related to a transportation incident;
(7) Administrative costs attributable to the state agencies which are incurred through their involvement as it relates to the shipment of high-level radioactive waste, transuranic radioactive waste, highway route controlled quantity shipments, spent nuclear fuel, or low-level radioactive waste through or within the state.
4. Nothing in this section shall preclude any other state agency from receiving reimbursement from the department of natural resources and the environmental radiation monitoring fund for services rendered that achieve the objectives and comply with the provisions of this section.
5. Any unencumbered balance in the environmental radiation monitoring fund that exceeds three hundred thousand dollars in any given fiscal year shall be returned to shippers on a pro rata basis, based on the shipper's contribution into the environmental radiation monitoring fund for that fiscal year.
6. The department of natural resources, in coordination with the department of health and senior services and the department of public safety, may promulgate rules necessary to carry out the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
7. All funds deposited in the environmental radiation monitoring fund through fees established in subsection 2 of this section shall be utilized, subject to appropriation by the general assembly, for the administration and enforcement of this section by the department of natural resources. All interest earned by the moneys in the fund shall accrue to the fund.
8. All fees shall be paid to the department of natural resources prior to shipment.
9. Notice of any shipment of high-level radioactive waste, transuranic radioactive waste, highway route controlled quantity shipments, or spent nuclear fuel through or within the state shall be provided by the shipper to the governor's designee for advanced notification, as described in 10 CFR Parts 71 and 73, as amended, prior to such shipment entering the state. Notice of any shipment of low-level radioactive waste through or within the state shall be provided by the shipper to the Missouri department of natural resources before such shipment enters the state.
10. Any shipper who fails to pay a fee assessed under this section, or fails to provide notice of a shipment, shall be liable in a civil action for an amount not to exceed ten times the amount assessed and not paid. The action shall be brought by the attorney general at the request of the department of natural resources. If the action involves a facility domiciled in the state, the action shall be brought in the circuit court of the county in which the facility is located. If the action does not involve a facility domiciled in the state, the action shall be brought in the circuit court of Cole County.
11. Beginning on December 31, 2009, and every two years thereafter, the department of natural resources shall prepare and submit a report on activities of the environmental radiation monitoring fund to the general assembly. This report shall include information on fee income received and expenditures made by the state to enforce and administer the provisions of this section.
12. The provisions of this section shall not apply to high-level radioactive waste, transuranic radioactive waste, highway route controlled quantity shipments, spent nuclear fuel, or low-level radioactive waste shipped by or for the federal government for military or national defense purposes.
13. The program authorized under this section shall automatically sunset on August 28, 2024.
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(L. 2009 H.B. 683, A.L. 2012 H.B. 1251 merged with H.B. 1647 merged with S.B. 470 merged with S.B. 480, A.L. 2014 S.B. 642)
*Section 260.399 does not exist.
Sunset date 8-28-24
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.