☰ Revisor of Missouri
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 Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

 Chapter 260 Environmental Control 
GENERAL PROVISIONS
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. (8/28/1995)
ENVIRONMENTAL IMPROVEMENT AUTHORITY
260.005   Definitions. (8/28/1993)
260.010   Authority created. (4/30/1982)
260.015   Purpose of authority. (8/28/1993)
260.020   Membership of authority, appointed how, terms, quorum. (8/28/1973)
260.025   Officers, how selected. (1/22/1973)
260.030   Compensation and expenses. (1/22/1973)
260.035   Powers of authority — authority employee membership in state employees' retirement system. (8/28/2019)
260.040   Revenue bonds, issued when — sale, limitations — procedure — rate. (4/30/1982)
260.045   Notes issued when, how sold. (8/28/1985)
260.050   Renewal notes or refunding bonds issued when. (1/22/1973)
260.055   Resolution authorizing notes or bonds, contents of. (1/22/1973)
260.060   Resolution may provide for trust agreements. (1/22/1973)
260.065   Notes and bonds not an indebtedness of the state. (8/28/1985)
260.070   Notes and bonds approved as investments — who may invest. (1/22/1973)
260.075   Projects subject to taxation — notes, bonds and their income tax free, exceptions. (1/22/1973)
260.080   Funds of authority not to be distributed to members or private persons, except for compensation for services. (1/22/1973)
260.085   Termination or dissolution, property to pass to state. (1/22/1973)
260.090   Proposed expenditure of federal funds in coming fiscal year requires itemized report to appropriations and the oversight division, committee on legislative research. (4/30/1982)
260.095   Contracts between authority and political subdivisions, purpose. (8/28/1985)
260.100   Authority member not personally liable on notes or bonds issued. (4/30/1982)
260.110   Statutory conflicts, which prevails. (4/30/1982)
260.115   Loans for energy resource development, requirements — fee charged, when — deposit in and use of energy resources insured loan fund. (4/30/1982)
260.120   Interest rate on loans. (4/30/1982)
260.125   Severability. (4/30/1982)
SOLID WASTE MANAGEMENT

Liability on lender-owners for precedent environmental conditions, state preemption of legislation, 427.041

Transportation of waste oil and infectious waste, regulation of transferred to highways and transportation commission, 226.008

260.200   Definitions. (8/28/2022)
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, amount, fund, refund of, when. (8/28/1993)
260.204   Permit for treatment of infectious waste, not to be issued, when. (5/5/1988)
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 to advanced recycling facilities, when. (8/28/2022)
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. (8/28/1995)
260.207   Permit not to be issued, when — notice to department of certain crimes, penalty for failure to notify — reinstatement, when. (1/1/2017)
260.208   Contracts with specified parties prohibited, when — notice of certain convictions required, penalty. (1/1/2017)
260.209   Property acquired outside city, county or district for solid waste disposal, compliance with zoning ordinances required. (8/28/1999)
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 — exceptions — exceptions for Kansas City. (8/28/2000)
260.211   Demolition waste, criminal disposition of — penalties — conspiracy. (1/1/2017)
260.212   Solid waste, criminal disposition of — penalties — conspiracy. (1/1/2017)
260.213   Disclosure of landfill, sale of property, required. (8/28/1990)
260.214   Preliminary site investigation approval, not required for certain counties — severability clause. (8/28/2013)
260.215   Solid wastes, how handled — duties of cities and counties — exemptions — charges, how stated, how collected. (6/19/1992)
260.216   Solid waste disposal in receptacle of another, prohibited — penalty. (6/19/1992)
260.220   Plans to be submitted, contents of — disapproval, effect of. (8/28/1975)
260.221   Processed recycled asphalt shingles — definitions — use without permit, when. (8/28/2022)
260.225   Duties of department — rules and regulations, promulgation of, procedures — model solid waste management plans, contents — coordination with other state agencies. (8/28/2015)
260.226   Closure of facility, plan to be submitted, contents — notice, when — financial assurance instrument, release of, when — exceptions. (8/28/1986)
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. (8/28/1995)
260.228   Failure to implement closure, postclosure plan or corrective action plan, forfeiture of collateral, when. (8/28/1995)
260.230   Department may order repairs, alterations, construction or reconstruction, when — injunctive relief, when. (8/28/1991)
260.235   Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when. (8/28/2015)
260.236   Severability of provisions. (8/28/1986)
260.240   Violations, how proceeded against — county regulations, how enforced, penalty for violation — exceptions. (8/28/2019)
260.241   Permit not to be issued, when. (8/28/1995)
260.242   Coal combustion residual units — rules for closure and groundwater criteria — state CCR program — fees, deposit in subaccount — rulemaking authority. (8/28/2018)
260.243   Buffer zone required, commercial processing facility, how determined. (8/28/1993)
260.245   Tax, how levied — limitation — form of ballot. (8/28/1978)
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. (1/1/2008)
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 appeal — civil action effect, exception. (8/28/2013)
260.250   Major appliances, waste oil, yard waste and batteries, disposal restricted — recycling of certain items, addressed in solid waste management plan. (8/28/2015)
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. (8/28/1995)
260.254   Grants for household consumer-used motor oil collection systems, requirements — centers not to accept motor oil from commercial operation. (8/28/1995)
BATTERIES

Liability on lender-owners for precedent environmental conditions state preemption of legislation, 427.041

260.260   Batteries, lead-acid, disposal of restricted — penalty. (8/28/1995)
260.262   Retailers of lead-acid batteries, duties — notice to purchaser, contents. (8/28/2023)
260.264   Notices to public, batteries, duties of department. (8/28/1990)
260.266   Wholesalers of lead-acid batteries, duties — storage of batteries, requirements. (8/28/1995)
260.267   Restriction on sales of certain batteries, effective dates — sale of nonbutton cell mercuric-oxide battery requirements, duties of manufacturer, violation, penalty. (8/28/1995)
WASTE AND SCRAP TIRES

Transportation of by motor carriers, regulation of transferred to highways and transportation commission, 226.008

260.269   In-state private entity disposal permitted, when. (8/28/2011)
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 department — inventory of processed scrap tires not to exceed limitation — auto dismantler, limited storage of tires allowed — recovered rubber, use by transportation department, how. (8/28/2005)
260.272   Scrap tires and rubber chips may be used as landfill cover, department of natural resources to promulgate rules. (8/28/2005)
260.273   Fee, sale of new tires, amount — collection, use of moneys — termination. (8/28/2023)
260.275   Scrap tire site, closure plan, contents — financial assurance instrument, purpose, how calculated. (8/28/2009)
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 reimbursement, when. (8/28/2009)
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. (8/28/2005)
260.279   Preference and bonus points for contracts for the removal or clean up of waste tires, when. (8/28/2014)
PLASTIC CONTAINERS
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. (1/1/1991)
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. (1/1/1992)
260.283   Paper or plastic bags, customers to have option, when — political subdivisions prohibited from imposing ban, fee, or tax on. (10/16/2015)
REFRIGERANTS
260.295   Refrigerants, use of — building codes not to prohibit if approved for use under federal law. (8/28/2022)
SOLID WASTE MANAGEMENT DISTRICTS
260.300   Regions, division of state into — procedures, purpose. (8/28/1990)
260.302   County may apply for change in region, when, procedures. (6/19/1992)
260.305   Creation of district, procedures — boundaries, limitations — petition to establish — district a body corporate and politic, when — election. (6/19/1992)
260.310   Contractual authority, powers. (8/28/1990)
260.315   Council, selection of members, terms — meetings — powers — selection of executive board, terms. (8/28/1990)
260.320   Executive board, meetings, selection of officers — powers, duties — contractual authority. (8/28/2015)
260.324   Grants, familial relationships not a disqualifier — voting restrictions. (8/28/2015)
260.325   Solid waste management plan, submitted to department, contents, procedures — approval, revision of plan — funds may be made available, purpose — audits. (8/28/2015)
260.330   Landfill fee, amount — solid waste management fund, created, purpose — department to enforce — transfer station, fee charged — free disposal day, notice. (8/28/2015)
260.335   Distribution of fund moneys, uses — grants, distribution of moneys — advisory board, solid waste, duties. (8/28/2015)
260.345   Solid waste advisory board, members — qualifications — duties and powers — removal of board member for failure to attend meetings, when — report — meetings. (8/28/2015)
HAZARDOUS WASTE MANAGEMENT

Liability on lender-owners for precedent environmental conditions, state preemption of legislation, 427.041

Transportation of hazardous material by motor vehicle, equipment required, 307.177

Transporting hazardous waste, intrastate age requirement, violations, 307.400

260.350   Short title. (8/28/1977)
260.352   Department of natural resources shall verify compliance with corrective action plans for hazardous waste management. (8/28/2000)
260.355   Exempted wastes. (8/28/2014)
260.360   Definitions. (1/1/2008)
260.365   Hazardous waste management commission created — composition, qualifications — compensation — terms — meetings, notice required, quorum. (8/28/2013)
260.370   Duties and powers of commission — rules and regulations to be adopted, procedures — inspection fees, use of, refund, when — variances granted, when. (8/28/2010)
260.371   Severability clause, exceptions. (5/3/1988)
260.372   Powers and duties of commission. (8/28/2011)
260.373   Rulemaking authority, limitations on — inconsistent rules null and void, when — rulemaking authority. (8/28/2022)
260.375   Duties of department — licenses required — permits required. (8/28/2005)
260.377   Inspection by department. (10/31/1980)
260.380   Duties of hazardous waste generators — fees to be collected, disposition — exemptions — expiration of fees. (8/28/2023)
260.385   Activities not allowed and requirements to be met by hazardous waste transporters. (6/27/1985)
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. (8/28/2013)
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. (8/28/2018)
260.392   Definitions — fees for transport of radioactive waste — deposit of moneys, use — notice of shipments — sunset date. (8/28/2023)
260.393   Technology for treatment of hazardous waste, generators to use best available, exceptions. (8/28/1988)
260.394   Disposal of untreated hazardous waste, prohibited, exceptions — alternative to landfilling, best demonstrated available technology. (8/28/1992)
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 — leachate collection system required — railroad hazardous waste transportation, fee. (8/28/2015)
260.396   PCB, definition — facilities, regulation of — list of PCB facilities — compliance with requirements, time limitation. (8/28/1986)
260.400   Procedure for conducting public hearings. (8/28/1993)
260.405   Variances granted, when. (10/31/1980)
260.410   Department to enforce standards, rules and regulations — appeal authorized. (8/28/1977)
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. (8/28/1993)
260.415   Appeals — other remedies available, costs. (10/31/1980)
260.420   Imminent hazard, action to be taken. (8/28/2005)
260.423   Facility ordered to accept waste, reimbursement rate disagreement, procedure. (6/27/1983)
260.424   Underground injection prohibited. (6/27/1985)
260.425   Violations, how punished. (8/28/1993)
260.429   No permit in non-karst area of state over groundwater divide. (8/28/1993)
260.430   Confidential information — illegal disclosure, penalty. (10/31/1980)
260.431   Buffer zone required, commercial facility, how determined — limitations, requirements, certain facilities. (7/9/1990)
260.432   Hazardous waste, collection of small quantities, department to administer — fees — department may enter into contracts for collection — disposal in landfills prohibited, when. (8/28/1990)
260.433   Commercial hazardous waste facilities, prohibited activities (third or fourth class counties). (8/28/1987)
ABANDONED OR UNCONTROLLED SITES
260.435   Definitions, sections 260.435 to 260.480 — definition of hazardous waste not to include certain materials. (6/27/1983)
260.437   Rules and regulations, authority. (8/28/2022)
260.440   Registry of abandoned or uncontrolled hazardous waste sites, contents — investigation — department's powers and duties. (6/27/1983)
260.445   Abandoned and uncontrolled sites, annual report, content — sent to whom. (6/27/1983)
260.450   Priority of sites, listed in registry, determined by investigation — factors to be considered. (6/27/1983)
260.455   Registry, proposed site addition, procedure, notice. (6/27/1983)
260.460   Listing or proposed listing of site in registry, procedure to remove. (6/27/1983)
260.465   Change of use or transfer of site property — notice to buyer — appeal — violations, penalty. (8/28/1988)
260.470   Recording of sites, placed on or removed from registry — removal procedure. (1/1/2008)
260.475   Fees to be paid by hazardous waste generators — exceptions — deposit of moneys — violations, penalty — deposit — fee requirement, expiration — fee structure review. (8/28/2023)
260.480   Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund. (8/28/2005)
260.482   Incineration of certain material by Department of Defense, limitation. (5/16/1995)
HAZARDOUS SUBSTANCE CLEANUP
260.500   Definitions. (8/28/2015)
260.505   Hazardous substance emergency response plan to be developed by department director — contents of plan. (6/27/1983)
260.510   Hazardous substances, director's powers and duties. (6/27/1983)
260.515   Actions to abate, control or clean up not construed as admission of liability. (6/27/1983)
260.520   Rules and regulations, limitation — procedure. (8/28/2022)
260.525   Investigation, no person to refuse entry — search warrant to be issued. (6/27/1983)
260.530   Cleanup costs, liability — failure to comply, damages, exceptions — records of expense to be kept. (6/27/1983)
260.535   Hazardous waste fund, deposits to — purpose for use. (8/28/2000)
260.540   State employees acting in official capacity, liability. (6/27/1983)
260.545   Providing assistance at request of department, political subdivision or volunteer fire protection district, liability for actions, when. (8/28/1990)
260.546   Emergency assistance — cost, how paid — cost statement, contents — payment, when — amount, appeal procedure — state fund to pay cost but repayment required. (8/28/2008)
260.550   Information to be available to public, exceptions. (6/27/1983)
260.552   Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions — waste cleanup of environmental hazard defined. (7/1/1987)
260.558   Radioactive waste investigation fund created, purpose, use of moneys — limitation on transfers. (8/28/2018)
HAZARDOUS WASTE MANAGEMENT — VOLUNTARY REMEDIATION
260.565   Definitions. (8/28/1999)
260.567   Application for voluntary remediation, requirements, form, fee — review by department — duties of applicant, reports — remedial action plan, review of — duties. (8/28/1993)
260.569   Reimbursement for costs to department, computation — deposit of funds — termination from participation by department, when — refund of balance, when. (8/28/2005)
260.571   Hazardous waste management commission may promulgate rules, scope. (8/28/1993)
260.573   Completion of plan, department to issue letter, contents — effect. (8/28/1993)
260.575   False information, submission of — penalty. (8/28/1993)
HAZARDOUS WASTE MANAGEMENT — AREA REVITALIZATION AUTHORITIES
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). (6/27/1983)
260.602   Authorities' articles of incorporation, content. (6/27/1983)
260.603   Articles filed where — secretary of state, duties. (6/27/1983)
260.605   Board of directors, number, qualifications, election, term. (6/27/1983)
260.607   Powers and duties of board. (6/27/1983)
260.609   Authority, state and state employees no liability, when. (6/27/1983)
MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT
260.700   Membership authorized — compact — purposes. (8/28/1996)
260.705   Definitions. (8/28/2011)
260.710   Extended care and long-term liability account established, purposes — if Missouri designated a host state, duties. (3/16/1984)
260.715   Operators of regional disposal facilities to purchase maximum insurance — insurance to be used, how. (3/16/1984)
260.720   Compact commissioner and alternate, appointment, compensation, when, expenses, duties. (8/28/2011)
260.730   Tax levy authorized for counties containing regional disposal facilities. (3/16/1984)
260.735   Designation as host state, governor's duty — approval by general assembly required, exception. (8/28/2011)
RADIATION MONITORING PROGRAM
260.750   Environmental radiation monitoring program and fund established — purposes. (8/28/2009)
WASTE TO ENERGY FACILITIES
260.800   Definitions. (1/1/2008)
260.805   Electric suppliers to purchase electricity generated, rate allowable. (8/28/1986)
260.810   Extraordinary costs and interconnection charges paid by governing body. (8/28/1986)
260.815   Loss of revenue, rate case before public service commission allowable. (8/28/1986)
OIL SPILL RESPONSE, NATIONAL CONTINGENCY PLAN
260.818   Definitions. (8/28/1995)
260.819   Removal costs and damages, liability, limitations. (8/28/1998)
PACKAGING COMPONENT MATERIAL REGULATION
260.820   Definitions. (8/28/1993)
260.822   Content concentration of certain elements, restrictions. (8/28/1993)
260.824   Exemptions. (8/28/1993)
LANDFILL FEE, CERTAIN COUNTIES
260.830   Landfill fee authorized, counties of third and fourth classification — approval, ballot, limitation. (8/28/2007)
260.831   Collection of fee by operator, payment required — separate surcharge, transmittal of funds. (8/28/2007)
DRY-CLEANING FACILITIES
260.900   Definitions. (7/6/2005)
260.905   Hazardous waste management commission to promulgate rules for dry-cleaning facility environmental remediation. (7/6/2005)
260.910   Violations of dry-cleaning remediation laws — civil damages. (8/28/2000)
260.915   Registration of dry-cleaning facilities with department. (8/28/2000)
260.920   Dry-cleaning environmental response trust fund created — purpose — not to be considered total state revenue. (8/28/2000)
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. (7/6/2005)
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. (8/28/2000)
260.935   Dry-cleaning facility registration surcharge — deposited in fund — penalties and interest for nonpayment. (7/6/2005)
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. (7/6/2005)
260.945   Surcharges not collected, when. (7/6/2005)
260.950   Judicial review. (8/28/2000)
260.955   Department to report on fund, corrective action from fund. (8/28/2000)
260.960   Rulemaking. (7/6/2005)
260.965   Expiration date. (8/28/2011)
MISSOURI ENVIRONMENTAL COVENANTS ACT
260.1000   Citation of law. (1/1/2008)
260.1003   Definitions. (8/28/2008)
260.1006   Holder of an environmental covenant — department bound by covenant — rules for interests in real property. (1/1/2008)
260.1009   Contents of a covenant. (1/1/2008)
260.1012   Enforceability of covenants, criteria. (1/1/2008)
260.1015   Use of real property subject to zoning laws and recorded instruments. (1/1/2008)
260.1018   Copy of covenant to be provided, to whom. (1/1/2008)
260.1021   Recording of a covenant, procedure. (1/1/2008)
260.1024   Covenants are perpetual, exceptions — department may terminate covenants, when. (1/1/2008)
260.1027   Amendment or termination of a covenant, requirements — interest in property not affected by amendment. (1/1/2008)
260.1030   Civil action may be maintained, when — department to maintain regulatory authority. (1/1/2008)
260.1033   Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form. (1/1/2008)
260.1036   Inapplicability to storage tanks. (1/1/2008)
260.1039   Effect of act on certain federal laws. (1/1/2008)
MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE EQUIPMENT COLLECTION AND RECOVERY
260.1050   Citation of act. (8/28/2008)
260.1053   Definitions. (8/28/2008)
260.1059   Applicability of act — exceptions. (8/28/2008)
260.1062   Recovery plan required, contents — use of existing infrastructure permitted — report required. (8/28/2008)
260.1065   Labeling requirements for sale of new equipment. (8/28/2008)
260.1068   Information on computer materials, immunity from liability, when. (8/28/2008)
260.1071   Department to educate consumers — internet site required. (8/28/2008)
260.1074   Audits and inspections by department permitted — enforcement of act — warning notices — penalties may be assessed, subaccount created. (8/28/2008)
260.1077   Financial and proprietary information not a public record. (8/28/2008)
260.1080   Report to legislative committees. (8/28/2008)
260.1083   Fee not authorized, when. (8/28/2008)
260.1089   Recycling and reuse, compliance with federal, state and local law required — rulemaking authority. (8/28/2008)
260.1092   Federal law may preempt, when. (8/28/2008)
260.1101   Rulemaking authority. (8/28/2008)
ENVIRONMENTAL RESTORATION CORPORATION ACT
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) (8/28/2018)
 - Cross References
Evidence, admission of representative samples of hazardous waste, remainder destroyed, 490.733
Fuel conservation and alternative fuels use program for state motor vehicle fleets, 414.400 to 414.417
Hearings on environmental matters, department of natural resources has burden of proof, exception, 640.012
Indoor clean air act regulating smoking in public places, 191.765 to 191.777
Liability on lender-owners for precedent environmental conditions, state preemption of legislation, 427.041
Metallic minerals waste management, procedures, duties, 444.350 to 444.380
Polystyrene foam products, sale and distribution prohibited, penalty, 643.400
Recycling, collection and waste reduction, state guidelines, 34.032
Water contamination, crime of, penalty, 577.078

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26 Apr 2024 06:23


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