Section 260.200

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 2022, 6 histories   

  260.200.  Definitions. — 1.  The following words and phrases when used in sections 260.200 to 260.345 shall mean:

  (1)  "Advanced recycling", a set of manufacturing processes for the conversion of recovered post-use polymers such as plastics into plastic and chemical feedstocks, raw materials, and recycled plastics for reuse through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, and other similar technologies.  Advanced recycling does not include solid waste disposal, solid waste processing, solid waste management, or incineration;

  (2)  "Advanced recycling facility", a manufacturing facility that receives, stores, and converts recovered post-use polymers using advanced recycling to produce plastics and chemical feedstocks, raw materials, and recycled plastics.  Advanced recycling facility does not include solid waste disposal areas, solid waste processing facilities, solid waste management facilities, or incinerators.  Advanced recycling facilities are subject to all applicable laws and regulations for manufacturers;

  (3)  "Alkaline-manganese battery" or "alkaline battery", a battery having a manganese dioxide positive electrode, a zinc negative electrode, an alkaline electrolyte, including alkaline-manganese button cell batteries intended for use in watches, calculators, and other electronic products, and larger-sized alkaline-manganese batteries in general household use;

  (4)  "Applicant", a person or persons seeking or holding a facility permit;

  (5)  "Bioreactor", a municipal solid waste disposal area or portion of a municipal solid waste disposal area where the controlled addition of liquid waste or water accelerates both the decomposition of waste and landfill gas generation;

  (6)  "Button cell battery" or "button cell", any small alkaline-manganese or mercuric-oxide battery having the size and shape of a button;

  (7)  "City", any incorporated city, town, or village;

  (8)  "Clean fill", uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinderblocks, brick, minimal amounts of wood and metal, and inert solids as approved by rule or policy of the department for fill, reclamation or other beneficial use;

  (9)  "Closure", the permanent cessation of active disposal operations, abandonment of the disposal area, revocation of the permit or filling with waste of all areas and volumes specified in the permit and preparing the area for long-term care;

  (10)  "Closure plan", plans, designs and relevant data which specify the methods and schedule by which the operator will complete or cease disposal operations, prepare the area for long-term care, and make the area suitable for other uses, to achieve the purposes of sections 260.200 to 260.345 and the regulations promulgated thereunder;

  (11)  "Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator.  The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department.  During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

  (12)  "Construction and demolition waste", waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as clean fill under this section;

  (13)  "Demolition landfill", a solid waste disposal area used for the controlled disposal of demolition wastes, construction materials, brush, wood wastes, soil, rock, concrete and inert solids insoluble in water;

  (14)  "Department", the department of natural resources;

  (15)  "Depolymerization", a manufacturing process in which post-use polymers are broken into smaller molecules such as monomers and plastic and chemical feedstocks or products;

  (16)  "Director", the director of the department of natural resources;

  (17)  "Disclosure statement", a sworn statement or affirmation, in such form as may be required by the director of the department of natural resources, which includes:

  (a)  The full names and business address of key personnel;

  (b)  The full name and business address of any entity, other than a natural person, that collects, transfers, processes, treats, stores, or disposes of solid waste in which all key personnel holds an equity interest of seven percent or more;

  (c)  A description of the business experience of all key personnel listed in the disclosure statement;

  (d)  For the five-year period ending on the date the sworn disclosure statement or affirmation is signed by key personnel:

  a.  A listing organized by issuing federal, state, or county or county-equivalent regulatory body of all environmental permits or licenses for the collection, transfer, treatment, processing, storage, or disposal of solid waste issued to or held by any key personnel;

  b.  A listing and explanation of notices of violation which shall by rule be defined, prosecutions, or other administrative enforcement actions resulting in an adjudication or conviction;

  c.  A listing of license or permit suspensions, revocations, or denials issued by any state, the federal government or a county or county equivalent, which are pending or have concluded with a finding of violation or entry of a consent agreement regarding an allegation of civil or criminal violation of law, regulation or requirement relating to the collection, transfer, treatment, processing, storage, or disposal of solid waste or violation of the environmental statutes of other states or federal statutes;

  d.  An itemized list of all felony convictions under the laws of the state of Missouri or the equivalent thereof under the laws of any other jurisdiction; and a listing of any findings of guilt for any crimes or criminal acts an element of which involves restraint of trade, price-fixing, intimidation of the customers of another person or for engaging in any other acts which may have the effect of restraining or limiting competition concerning activities regulated pursuant to this chapter or similar laws of other states or the federal government including, but not limited to, racketeering or violation of antitrust laws of any key personnel;

  (18)  "District", a solid waste management district established under section 260.305;

  (19)  "Financial assurance instrument", an instrument or instruments, including, but not limited to, cash or surety bond, letters of credit, corporate guarantee or secured trust fund, submitted by the applicant to ensure proper closure and postclosure care and corrective action of a solid waste disposal area in the event that the operator fails to correctly perform closure and postclosure care and corrective action requirements, except that the financial test for the corporate guarantee shall not exceed one and one-half times the estimated cost of closure and postclosure.  The form and content of the financial assurance instrument shall meet or exceed the requirements of the department.  The instrument shall be reviewed and approved or disapproved by the attorney general;

  (20)  "Flood area", any area inundated by the one hundred year flood event, or the flood event with a one percent chance of occurring in any given year;

  (21)  "Gasification", a manufacturing process through which recovered feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into reuseable plastic and chemical feedstocks or products;

  (22)  "Household consumer", an individual who generates used motor oil through the maintenance of the individual's personal motor vehicle, vessel, airplane, or other machinery powered by an internal combustion engine;

  (23)  "Household consumer used motor oil collection center", any site or facility that accepts or aggregates and stores used motor oil collected only from household consumers or farmers who generate an average of twenty-five gallons per month or less of used motor oil in a calendar year.  This section shall not preclude a commercial generator from operating a household consumer used motor oil collection center;

  (24)  "Household consumer used motor oil collection system", any used motor oil collection center at publicly owned facilities or private locations, any curbside collection of household consumer used motor oil, or any other household consumer used motor oil collection program determined by the department to further the purposes of sections 260.200 to 260.345;

  (25)  "Infectious waste", waste in quantities and characteristics as determined by the department by rule, including isolation wastes, cultures and stocks of etiologic agents, blood and blood products, pathological wastes, other wastes from surgery and autopsy, contaminated laboratory wastes, sharps, dialysis unit wastes, discarded biologicals known or suspected to be infectious; provided, however, that infectious waste does not mean waste treated to department specifications;

  (26)  "Key personnel", the applicant itself and any person employed by the applicant in a managerial capacity, or empowered to make discretionary decisions with respect to the solid waste operations of the applicant in Missouri, but shall not include employees exclusively engaged in the physical or mechanical collection, transfer, transportation, treatment, processing, storage, or disposal of solid waste and such other employees as the director of the department of natural resources may designate by regulation.  If the applicant has not previously conducted solid waste operations in Missouri, the term also includes any officer, director, partner of the applicant, or any holder of seven percent or more of the equity or debt of the applicant.  If any holder of seven percent or more of the equity or debt of the applicant or of any key personnel is not a natural person, the term includes all key personnel of that entity, provided that where such entity is a chartered lending institution or a reporting company under the federal Securities Exchange Act of 1934, the term does not include key personnel of such entity.  Provided further that the term means the chief executive officer of any agency of the United States or of any agency or political subdivision of the state of Missouri, and all key personnel of any person, other than a natural person, that operates a landfill or other facility for the collection, transfer, treatment, processing, storage, or disposal of nonhazardous solid waste under contract with or for one of those governmental entities;

  (27)  "Lead-acid battery", a battery designed to contain lead and sulfuric acid with a nominal voltage of at least six volts and of the type intended for use in motor vehicles and watercraft;

  (28)  "Major appliance", clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, woodstoves, air conditioners, refrigerators and freezers;

  (29)  "Mechanical processing", any mechanical, manual, or other method that transforms a recoverable material into a specification-grade commodity.  Mechanical processing is often multistep with different steps at different locations and involves recycling that is a series of activities that may include collection, processing, or brokering and shall result in subsequent consumption by a materials manufacturer;

  (30)  "Mercuric-oxide battery" or "mercury battery", a battery having a mercuric-oxide positive electrode, a zinc negative electrode, and an alkaline electrolyte, including mercuric-oxide button cell batteries generally intended for use in hearing aids and larger size mercuric-oxide batteries used primarily in medical equipment;

  (31)  "Mill scale and slag", coproducts of the steel manufacturing process that are managed, used, or placed as items of value in a controlled manner but do not include byproducts that are a result of the steel manufacturing process that would otherwise qualify as hazardous waste;

  (32)  "Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

  (33)  "Motor oil", any oil intended for use in a motor vehicle, as defined in section 301.010, train, vessel, airplane, heavy equipment, or other machinery powered by an internal combustion engine;

  (34)  "Motor vehicle", as defined in section 301.010;

  (35)  "Operator" and "permittee", anyone so designated, and shall include cities, counties, other political subdivisions, authority, state agency or institution, or federal agency or institution;

  (36)  "Permit modification", any permit issued by the department which alters or modifies the provisions of an existing permit previously issued by the department;

  (37)  "Person", any individual, partnership, limited liability company, corporation, association, trust, institution, city, county, other political subdivision, authority, state agency or institution, or federal agency or institution, or any other legal entity;

  (38)  "Plasma arc technology", a process that converts electrical energy into thermal energy.  This electric arc is created when an ionized gas transfers electric power between two or more electrodes;

  (39)  "Postclosure plan", plans, designs and relevant data which specify the methods and schedule by which the operator shall perform necessary monitoring and care for the area after closure to achieve the purposes of sections 260.200 to 260.345 and the regulations promulgated thereunder;

  (40)  "Post-use polymer", a plastic polymer to which all of the following apply:

  (a)  It is derived from any industrial, commercial, agricultural, or household activities;

  (b)  The plastic's use or intended use is as a feedstock for the manufacturing of other feedstocks, raw materials, recycled plastics, or intermediate products or final products using advanced recycling;

  (c)  The plastic has been presorted or diverted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings; and

  (d)  The plastic is converted at an advanced recycling facility or held at such facility prior to conversion;

  (41)  "Pyrolysis", a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted into reuseable plastic and chemical feedstocks or raw constituents to be used for manufacturing of new products;

  (42)  "Recovered feedstock", one or more of the following materials that has been processed so that it may be used as input feedstock in an advanced recycling facility, excluding municipal solid waste or feedstocks mixed with solid waste or hazardous waste:

  (a)  Post-use polymers that are source-separated or have been recovered or diverted from a waste stream for reuse; or

  (b)  Materials for which the United States Environmental Protection Agency has made a nonwaste determination or has otherwise determined are feedstocks and not solid waste;

  (43)  "Recovered materials", those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not they require subsequent separation and processing;

  (44)  "Recycled content", any raw product used as a constituent for the manufacturing of new products that is generated as a result from mechanical processing or advanced recycling shall be considered recycled content.  Recycled content includes, but is not limited to, the proportion of fiber in a newspaper that is derived from postconsumer waste and recycled plastics as defined in this section;

  (45)  "Recycled plastics", plastics produced from mechanical recycling using preconsumer recovered materials and postconsumer materials or from advanced recycling feedstocks or advanced recycling products via mass balance attribution certified under an approved certification system.  Recycled plastics shall be considered recycled content as defined in this section;

  (46)  "Recycling", the separation and reuse of materials which might otherwise be disposed of as solid waste;

  (47)  "Resource recovery", a process by which recyclable and recoverable material is removed from the waste stream to the greatest extent possible, as determined by the department and pursuant to department standards, for reuse or remanufacture;

  (48)  "Resource recovery facility", a facility in which recyclable and recoverable material is removed from the waste stream to the greatest extent possible, as determined by the department and pursuant to department standards, for reuse or remanufacture;

  (49)  "Sanitary landfill", a solid waste disposal area which accepts commercial and residential solid waste;

  (50)  "Scrap tire", a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect;

  (51)  "Scrap tire collection center", a site where scrap tires are collected prior to being offered for recycling or processing and where fewer than five hundred tires are kept on site on any given day;

  (52)  "Scrap tire end-user facility", a site where scrap tires are used as a fuel or fuel supplement or converted into a usable product.  Baled or compressed tires used in structures, or used at recreational facilities, or used for flood or erosion control shall be considered an end use;

  (53)  "Scrap tire generator", a person who sells tires at retail or any other person, firm, corporation, or government entity that generates scrap tires;

  (54)  "Scrap tire processing facility", a site where tires are reduced in volume by shredding, cutting, or chipping or otherwise altered to facilitate recycling, resource recovery, or disposal;

  (55)  "Scrap tire site", a site at which five hundred or more scrap tires are accumulated, but not including a site owned or operated by a scrap tire end-user that burns scrap tires for the generation of energy or converts scrap tires to a useful product;

  (56)  "Solid waste", garbage, refuse and other discarded materials including, but not limited to, solid and semisolid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in sections 260.360 to 260.432, recovered materials, post-use polymers, recovered feedstocks, overburden, rock, tailings, matte, mill scale and slag or other waste material resulting from mining, milling or smelting;

  (57)  "Solid waste disposal area", any area used for the disposal of solid waste from more than one residential premises, or one or more commercial, industrial, manufacturing, recreational, or governmental operations;

  (58)  "Solid waste fee", a fee imposed pursuant to sections 260.200 to 260.345 and may be:

  (a)  A solid waste collection fee imposed at the point of waste collection; or

  (b)  A solid waste disposal fee imposed at the disposal site;

  (59)  "Solid waste management area", a solid waste disposal area which also includes one or more of the functions contained in the definitions of recycling, resource recovery facility, waste tire collection center, waste tire processing facility, waste tire site or solid waste processing facility, excluding incineration;

  (60)  "Solid waste management project", a targeted project that meets statewide waste reduction and recycling priorities, and for which no solid waste management district grant applicant has applied to perform, and for which no qualified applicants have applied to perform such project by a competitive bid issued by the solid waste management district for the completion of such project;

  (61)  "Solid waste management system", the entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, collection, storage, transportation, recycling, resource recovery, volume minimization, processing, market development, and disposal of solid wastes;

  (62)  "Solid waste processing facility", any facility where solid wastes are salvaged and processed, including:

  (a)  A transfer station; or

  (b)  An incinerator which operates with or without energy recovery but excluding waste tire end-user facilities; or

  (c)  A material recovery facility which operates with or without composting;

  (d)  A plasma arc technology facility;

  (63)  "Solid waste technician", an individual who has successfully completed training in the practical aspects of the design, operation and maintenance of a permitted solid waste processing facility or solid waste disposal area in accordance with sections 260.200 to 260.345;

  (64)  "Solvolysis", a manufacturing process through which post-use polymers are purified with the aid of solvents while heated at low temperatures or pressurized, or both, to make reusable plastic and chemical feedstocks or products, allowing additives and contaminants to be removed.  The process includes, but is not limited to, hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis;

  (65)  "Tire", a continuous solid or pneumatic rubber covering encircling the wheel of any self-propelled vehicle not operated exclusively upon tracks, or a trailer as defined in chapter 301, except farm tractors and farm implements owned and operated by a family farm or family farm corporation as defined in section 350.010;

  (66)  "Used motor oil", any motor oil which, as a result of use, becomes unsuitable for its original purpose due to loss of original properties or the presence of impurities, but used motor oil shall not include ethylene glycol, oils used for solvent purposes, oil filters that have been drained of free flowing used oil, oily waste, oil recovered from oil tank cleaning operations, oil spilled to land or water, or industrial nonlube oils such as hydraulic oils, transmission oils, quenching oils, and transformer oils;

  (67)  "Utility waste landfill", a solid waste disposal area used for fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels;

  (68)  "Yard waste", leaves, grass clippings, yard and garden vegetation and Christmas trees.  The term does not include stumps, roots or shrubs with intact root balls.

  2.  For the purposes of this section and sections 260.270 to 260.279 and any rules in place as of August 28, 2005, or promulgated under said sections, the term "scrap" shall be used synonymously with and in place of waste, as it applies only to scrap tires.

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(L. 1972 S.B. 387 § 1, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1988 H.B. 1207, A.L. 1990 S.B. 530, A.L. 1993 S.B. 80, et al., A.L. 1995 H.B. 81 merged with S.B. 60 & 112, A.L. 2002 S.B. 984 & 985, A.L. 2005 S.B. 225, A.L. 2007 S.B. 54, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2015 H.B. 92 merged with S.B. 445, A.L. 2022 H.B. 2485)