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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 05 May 1988, see footnotebottom

  260.204.  Permit for treatment of infectious waste, not to be issued, when. — No person shall be issued a permit to operate a facility for the treatment of infectious waste who in 1987 received a clean air permit and thereafter operated a facility for the treatment of infectious waste by incineration without applying for and receiving a permit as a solid waste processing facility permitted pursuant to section 260.203 or a hazardous waste facility permitted pursuant to sections 260.350 to 260.430.

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(L. 1988 S.B. 535)

Effective 5-05-88

(1990) Statute is a bill of attainder and special legislation where it singled out for legislative punishment those who in a specified year operated an infectious waste incinerator without particular permits but excluded others similarly situated. Statute is unconstitutional and invalid in its entirety. (Mo.banc) Bunker Res. Recycling & Rec. v. Mehan, 782 S.W.2d 381.

(1990)  Where statute which prohibits issuance of permit to operate infectious waste treatment facility applies only to those persons or entities who received clean air permit in 1987, statute is a prohibited special law under the Missouri Constitution, since no reasonable basis existed for differential treatment of infectious waste disposers who received clean air permits in that year.  Bunker Resource Recycling and Reclamation, Inc. v. Mehan, 782 S.W.2d 381 (Mo. banc.).


---- end of effective   05 May 1988 ----

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