Section 260.365

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 2013   

  *260.365.  Hazardous waste management commission created — composition, qualifications — compensation — terms — meetings, notice required, quorum. — 1.  There is hereby created a hazardous waste management agency to be known as the "Hazardous Waste Management Commission of the State of Missouri", whose domicile for the purpose of sections 260.350 to 260.430 shall be deemed to be that of the department of natural resources of the state of Missouri.  The commission shall consist of seven members appointed by the governor with the advice and consent of the senate.  No more than four members shall belong to the same political party.  All members shall be representative of the general interest of the public and shall have an interest in and knowledge of waste management and the effects of improper waste management on health and the environment and shall serve in a manner consistent with the purposes of sections 260.350 to 260.430.  Four of the members, but no more than four, one for each interest, shall be knowledgeable of and may be employed in agriculture, the retail petroleum industry, the waste generating industry and the waste management industry.  Except for the industry members, no member shall receive, or have received during the previous two years, a significant portion of income directly or indirectly from any license or permit holder or applicant for license or permit under any waste management act.  At the first meeting of the commission and annually thereafter, the members shall select from among themselves a chairman and a vice chairman.  Prior to any vote on any variance, appeal or order, they shall adopt a voting rule to exclude from such vote any member with a conflict of interest with respect to the matter at issue.

  2.  The members' terms of office shall be four years and until their successors are selected and qualified, except that, of those first appointed, three shall have a term of three years, two shall have a term of two years and two shall have a term of one year as designated by the governor at the time of appointment.  There is no limitation on the number of terms any appointed member may serve.  If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy.  The governor may remove any appointed member for cause.  The members of the commission shall be reimbursed for actual and necessary expenses incurred in the performance of their duties, and shall receive fifty dollars per day for each day spent in the performance of their official duties while in attendance at regular commission meetings.

  3.  The commission shall hold at least four regular meetings each year and such additional meetings as the chairman deems desirable at a place and time to be fixed by the chairman.  Special meetings may be called by three members of the commission upon delivery of written notice to each member of the commission.  Reasonable written notice of all meetings shall be given by the department to all members of the commission.  Four members of the commission shall constitute a quorum.  All powers and duties conferred upon members of the commission shall be exercised personally by the members and not by alternates or representatives.  All actions of the commission shall be taken at meetings open to the public.  Any member absent from four consecutive regular commission meetings for any cause whatsoever shall be deemed to have resigned and the vacancy shall be filled immediately in accordance with this section.

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(L. 1977 H.B. 318 § 4, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28); 10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see § 21.250.  H.B. 650 was vetoed July 12, 2013.  The veto was overridden on September 11, 2013.

CROSS REFERENCE:

Fee for transportation of hazardous waste, used oil, or infectious waste, amount to be established by Missouri hazardous waste management commission, 226.008