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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

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  260.475.  Fees to be paid by hazardous waste generators — exceptions — deposit of moneys — violations, penalty — deposit — fee requirement, expiration — fee structure review. — 1.  Every hazardous waste generator located in Missouri shall pay, in addition to the fees imposed in section 260.380, a fee of twenty-five dollars per ton annually on all hazardous waste which is discharged, deposited, dumped or placed into or on the soil as a final action, and two dollars per ton on all other hazardous waste transported off site.  No fee shall be imposed upon any hazardous waste generator who registers less than ten tons of hazardous waste annually pursuant to section 260.380, or upon:

  (1)  Hazardous waste which must be disposed of as provided by a remedial plan for an abandoned or uncontrolled hazardous waste site;

  (2)  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;

  (3)  Solid waste from the extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore and smelter slag waste from the processing of materials into reclaimed metals;

  (4)  Cement kiln dust waste;

  (5)  Waste oil; or

  (6)  Hazardous waste that is:

  (a)  Reclaimed or reused for energy and materials;

  (b)  Transformed into new products which are not wastes;

  (c)  Destroyed or treated to render the hazardous waste nonhazardous; or

  (d)  Waste discharged to a publicly owned treatment works.

  2.  The fees imposed in this section shall be reported and paid to the department on an annual basis not later than the first of January.  The payment shall be accompanied by a return in such form as the department may prescribe.

  3.  All moneys collected or received by the department pursuant to this section shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the hazardous waste fund created pursuant to section 260.391.  Following each annual reporting date, the state treasurer shall certify the amount deposited in the fund to the commission.

  4.  If any generator or transporter fails or refuses to pay the fees imposed by this section, or fails or refuses to furnish any information reasonably requested by the department relating to such fees, there shall be imposed, in addition to the fee determined to be owed, a penalty of fifteen percent of the fee shall be deposited in the hazardous waste fund.

  5.  If the fees or any portion of the fees imposed by this section are not paid by the date prescribed for such payment, there shall be imposed interest upon the unpaid amount at the rate of ten percent per annum from the date prescribed for its payment until payment is actually made, all of which shall be deposited in the hazardous waste fund.

  6.  The state treasurer is authorized to deposit all of the moneys in the hazardous waste fund in any of the qualified depositories of the state.  All such deposits shall be secured in such a manner and shall be made upon such terms and conditions as are now or may hereafter be provided for by law relative to state deposits.  Interest received on such deposits shall be credited to the hazardous waste fund.

  *7.  This fee shall expire December 31, 2018, except that the department shall levy and collect this fee for any hazardous waste generated prior to such date and reported to the department.

  **8.  Notwithstanding any statutory fee amounts or maximums to the contrary, the director of the department of natural resources may conduct a comprehensive review and propose changes to the fee structure set forth in this section.  The comprehensive review shall include stakeholder meetings in order to solicit stakeholder input from each of the following groups:  cement kiln representatives, chemical companies, large and small hazardous waste generators, and any other interested parties.  Upon completion of the comprehensive review, the department shall submit a proposed fee structure with stakeholder agreement to the hazardous waste management commission.  The commission shall review such recommendations at the forthcoming regular or special meeting, but shall not vote on the fee structure until a subsequent meeting.  If the commission approves, by vote of two-thirds majority or five of seven commissioners, the fee structure recommendations, the commission shall authorize the department to file a notice of proposed rulemaking containing the recommended fee structure, and after considering public comments may authorize the department to file the order of rulemaking for such rule with the joint committee on administrative rules pursuant to sections 536.021 and 536.024 no later than December first of the same year.  If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the following calendar year and the fee structure set out in this section shall expire upon the effective date of the commission-adopted fee structure, contrary to subsection 7 of this section.  Any regulation promulgated under this subsection shall be deemed to be beyond the scope and authority provided in this subsection, or detrimental to permit applicants, if the general assembly, within the first sixty calendar days of the regular session immediately following the filing of such regulation disapproves the regulation by concurrent resolution.  If the general assembly so disapproves any regulation filed under this subsection, the department and the commission shall not implement the proposed fee structure and shall continue to use the previous fee structure.  The authority of the commission to further revise the fee structure as provided by this subsection shall expire on August 28, 2024.  Any fee, bond, or assessment structure established pursuant to the process in this section shall expire on August 28, 2024.

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(L. 1983 H.B. 528, A.L. 1985 S.B. 110, A.L. 1988 S.B. 535, A.L. 1994 H.B. 1156, A.L. 1999 S.B. 353, A.L. 2000 S.B. 577, A.L. 2004 S.B. 1040, A.L. 2005 S.B. 225, A.L. 2011 S.B. 135, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2014 S.B. 642, A.L. 2018 S.B. 782)

*Fee expires 12-31-18

**Authority to revise fee structure expires 8-28-24.


---- end of effective   28 Aug 2018 ----

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260.475 8/28/2018
260.475 8/28/2014 8/28/2018
260.475 8/28/2013 8/28/2014

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