2299S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 590
AN ACT
To repeal section 260.205, RSMo, and to enact in lieu
thereof one new section relating to solid waste
disposal area permits.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 260.205, RSMo, is repealed and one new
section enacted in lieu thereof, to be known as section 260.205,
to read as follows:
260.205. 1. It shall be unlawful for any person to
operate a solid waste processing facility or so lid waste
disposal area of a solid waste management system without
first obtaining an operating permit from the department. It
shall be unlawful for any person to construct a solid waste
processing facility or solid waste disposal area without
first obtaining a construction permit from the department
pursuant to this section. A current authorization to
operate issued by the department pursuant to sections
260.200 to 260.345 shall be considered to be a permit to
operate for purposes of this sectio n for all solid waste
disposal areas and processing facilities existing on August
28, 1995. A permit shall not be issued for a sanitary
landfill to be located in a flood area, as determined by the
department, where flood waters are likely to significa ntly
erode final cover. A permit shall not be required to
operate a waste stabilization lagoon, settling pond or other
water treatment facility which has a valid permit from the
Missouri clean water commission even though the facility may
receive solid or semisolid waste materials.
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2. No person or operator may apply for or obtain a
permit to construct a solid waste disposal area unless the
person has requested the department to conduct a preliminary
site investigation and obtained preliminary approval from
the department. The department shall,
within sixty days of such request, conduct a
preliminary investigation and approve or disapprove the site.
3. All proposed solid waste disposal areas for which a
preliminary site investig ation request pursuant to
subsection 2 of this section is received by the department
on or after August 28, 1999, shall be subject to a public
involvement activity as part of the permit application
process. The activity shall consist of the following:
(1) The applicant shall notify the public of the
preliminary site investigation approval within thirty days
after the receipt of such approval. Such public
notification shall be by certified mail to the governing
body of the county or city in w hich the proposed disposal
area is to be located and by certified mail to the solid
waste management district in which the proposed disposal
area is to be located;
(2) Within ninety days after the preliminary site
investigation approval, the depa rtment shall conduct a
public awareness session in the county in which the proposed
disposal area is to be located. The department shall
provide public notice of such session by both printed and
broadcast media at least thirty days prior to such sessi on.
Printed notification shall include publication in at least
one newspaper having general circulation within the county
in which the proposed disposal area is to be located.
Broadcast notification shall include public service
announcements on radi o stations that have broadcast coverage
within the county in which the proposed disposal area is to
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be located. The intent of such public awareness session
shall be to provide general information to interested
citizens on the design and operation of s olid waste disposal
areas;
(3) At least sixty days prior to the submission to the
department of a report on the results of a detailed site
investigation pursuant to subsection 4 of this section, the
applicant shall conduct a community involvement session in
the county in which the proposed disposal area is to be
located. Department staff shall attend any such session.
The applicant shall provide public notice of such session by
both printed and broadcast media at least thirty days prior
to such session. Printed notification shall include
publication in at least one newspaper having general
circulation within the county in which the proposed disposal
area is to be located. Broadcast notification shall include
public service announcement s on radio stations that have
broadcast coverage within the county in which the proposed
disposal area is to be located. Such public notices shall
include the addresses of the applicant and the department
and information on a public comment period. Such public
comment period shall begin on the day of the community
involvement session and continue for at least thirty days
after such session. The applicant shall respond to all
persons submitting comments during the public comment period
no more than thirty days after the receipt of such comments;
(4) If a proposed solid waste disposal area is to be
located in a county or city that has local planning and
zoning requirements, the applicant shall not be required to
conduct a community involve ment session if the following
conditions are met:
(a) The local planning and zoning requirements include
a public meeting;
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(b) The applicant notifies the department of intent to
utilize such meeting in lieu of the community involvement
session at least thirty days prior to such meeting;
(c) The requirements of such meeting include providing
public notice by printed or broadcast media at least thirty
days prior to such meeting;
(d) Such meeting is held at least thirty days prior to
the submission to the department of a report on the results
of a detailed site investigation pursuant to subsection 4 of
this section;
(e) The applicant submits to the department a record
of such meeting;
(f) A public comment period beg ins on the day of such
meeting and continues for at least fourteen days after such
meeting, and the applicant responds to all persons
submitting comments during such public comment period no
more than fourteen days after the receipt of such comments.
4. No person may apply for or obtain a permit to
construct a solid waste disposal area unless the person has
submitted to the department a plan for conducting a detailed
surface and subsurface geologic and hydrologic investigation
and has obtained geologic and hydrologic site approval from
the department. The department shall approve or disapprove
the plan within thirty days of receipt. The applicant shall
conduct the investigation pursuant to the plan and submit
the results to the department . The department shall provide
approval or disapproval within sixty days of receipt of the
investigation results.
5. (1) Every person desiring to construct a solid
waste processing facility or solid waste disposal area shall
make application for a permit on forms provided for this
purpose by the department. Every applicant shall submit
evidence of financial responsibility with the application.
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Any applicant who relies in part upon a parent corporation
for this demonstration shall also subm it evidence of
financial responsibility for that corporation and any other
subsidiary thereof.
(2) Every applicant shall provide a financial
assurance instrument or instruments to the department prior
to the granting of a construction permit for a solid waste
disposal area. The financial assurance instrument or
instruments shall be irrevocable, meet all requirements
established by the department and shall not be cancelled,
revoked, disbursed, released or allowed to terminate without
the approval of the department. After the cessation of
active operation of a sanitary landfill, or other solid
waste disposal area as designed by the department, neither
the guarantor nor the operator shall cancel, revoke or
disburse the financial assurance i nstrument or allow the
instrument to terminate until the operator is released from
postclosure monitoring and care responsibilities pursuant to
section 260.227.
(3) The applicant for a permit to construct a solid
waste disposal area shall provide the department with plans,
specifications, and such other data as may be necessary to
comply with the purpose of sections 260.200 to 260.345. The
application shall demonstrate compliance with all applicable
local planning and zoning requirements. The department
shall make an investigation of the solid waste disposal area
and determine whether it complies with the provisions of
sections 260.200 to 260.345 and the rules and regulations
adopted pursuant to sections 260.200 to 260.345. Within
twelve consecutive months of the receipt of an application
for a construction permit the department shall approve or
deny the application. The department shall issue rules and
regulations establishing time limits for permit
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modifications and renewal of a p ermit for a solid waste
disposal area. The time limit shall be consistent with this
chapter.
(4) The applicant for a permit to construct a solid
waste processing facility shall provide the department with
plans, specifications and such other dat a as may be
necessary to comply with the purpose of sections 260.200 to
260.345. Within one hundred eighty days of receipt of the
application, the department shall determine whether it
complies with the provisions of sections 260.200 to
260.345. Within twelve consecutive months of the receipt of
an application for a permit to construct an incinerator as
described in the definition of solid waste processing
facility in section 260.200 or a material recovery facility
as described in the definition of solid waste processing
facility in section 260.200, and within six months for
permit modifications, the department shall approve or deny
the application. Permits issued for solid waste facilities
shall be for the anticipated life of the facility.
(5) If the department fails to approve or deny an
application for a permit or a permit modification within the
time limits specified in subdivisions (3) and (4) of this
subsection, the applicant may maintain an action in the
circuit court of Cole County or that of the county in which
the facility is located or is to be sited. The court shall
order the department to show cause why it has not acted on
the permit and the court may, upon the presentation of
evidence satisfactory to the court, orde r the department to
issue or deny such permit or permit modification. Permits
for solid waste disposal areas, whether issued by the
department or ordered to be issued by a court, shall be for
the anticipated life of the facility.
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(6) The applicant for a permit to construct a solid
waste processing facility shall pay an application fee of
one thousand dollars. Upon completion of the department's
evaluation of the application, but before receiving a
permit, the applicant shall reimburse the de partment for all
reasonable costs incurred by the department up to a maximum
of four thousand dollars. The applicant for a permit to
construct a solid waste disposal area shall pay an
application fee of two thousand dollars. Upon completion of
the department's evaluations of the application, but before
receiving a permit, the applicant shall reimburse the
department for all reasonable costs incurred by the
department up to a maximum of eight thousand dollars.
Applicants who withdraw their applic ation before the
department completes its evaluation shall be required to
reimburse the department for costs incurred in the
evaluation. The department shall not collect the fees
authorized in this subdivision unless it complies with the
time limits established in this section.
(7) When the review reveals that the facility or area
does conform with the provisions of sections 260.200 to
260.345 and the rules and regulations adopted pursuant to
sections 260.200 to 260.345, the department shall approve
the application and shall issue a permit for the
construction of each solid waste processing facility or
solid waste disposal area as set forth in the application
and with any permit terms and conditions which the
department deems appropriate. In the event that the
facility or area fails to meet the rules and regulations
adopted pursuant to sections 260.200 to 260.345, the
department shall issue a report to the applicant stating the
reason for denial of a permit.
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6. Plans, designs, and relevant data for the
construction of solid waste processing facilities and solid
waste disposal areas shall be submitted to the department by
a registered professional engineer licensed by the state of
Missouri for approval prior to the constructio n, alteration
or operation of such a facility or area.
7. Any person or operator as defined in section
260.200 who intends to obtain a construction permit in a
solid waste management district with an approved solid waste
management plan shall req uest a recommendation in support of
the application from the executive board created in section
260.315. The executive board shall consider the impact of
the proposal on, and the extent to which the proposal
conforms to, the approved district solid wa ste management
plan prepared pursuant to section 260.325. The executive
board shall act upon the request for a recommendation within
sixty days of receipt and shall submit a resolution to the
department specifying its position and its recommendation
regarding conformity of the application to the solid waste
plan. The board's failure to submit a resolution
constitutes recommendation of the application. The
department may consider the application, regardless of the
board's action thereon and may d eny the construction permit
if the application fails to meet the requirements of
sections 260.200 to 260.345, or if the application is
inconsistent with the district's solid waste management plan.
8. If the site proposed for a solid waste disposal
area is not owned by the applicant, the owner or owners of
the site shall acknowledge that an application pursuant to
sections 260.200 to 260.345 is to be submitted by signature
or signatures thereon. The department shall provide the
owner with copies of all communication with the operator,
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including inspection reports and orders issued pursuant to
section 260.230.
9. The department shall not issue a permit for the
operation of a solid waste disposal area designed to serve a
city with a population of greater than four hundred thousand
located in more than one county, if the site is located
within [one-half] one mile of an adjoining municipality,
without the approval of the governing body of such
municipality. The governing body shall co nduct a public
hearing within fifteen days of notice, shall publicize the
hearing in at least one newspaper having general circulation
in the municipality, and shall vote to approve or disapprove
the land disposal facility within thirty days after the
close of the hearing.
10. (1) Upon receipt of an application for a permit
to construct a solid waste processing facility or disposal
area, the department shall notify the public of such receipt:
(a) By legal notice published in a newspaper of
general circulation in the area of the proposed disposal
area or processing facility;
(b) By certified mail to the governing body of the
county or city in which the proposed disposal area or
processing facility is to be located; and
(c) By mail to the last known address of all record
owners of contiguous real property or real property located
within one thousand feet of the proposed disposal area and,
for a proposed processing facility, notice as provided in
section 64.875 or section 89.060, whichever is applicable.
(2) If an application for a construction permit meets
all statutory and regulatory requirements for issuance, a
public hearing on the draft permit shall be held by the
department in the county in which the proposed solid waste
disposal area is to be located prior to the issuance of the
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permit. The department shall provide public notice of such
hearing by both printed and broadcast media at least thirty
days prior to such hearing. Printed notification shall
include publication in at least one newspaper having general
circulation within the county in which the proposed disposal
area is to be located. Broadcast notification shall include
public service announcements on radio stations that have
broadcast coverage within the county in which the proposed
disposal area is to be located.
11. After the issuance of a construction permit for a
solid waste disposal area, but prior to the beginning of
disposal operations, the owner and the department shall
execute an easement to allow the department, its agents or
its contractors to enter the premises to complete work
specified in the closure plan, or to monitor or maintain the
site or to take remedial action during the postclosure
period. After issuance of a construction permit for a solid
waste disposal area, but prior to the beginning of disposal
operations, the owner shall submit evidence that such owner
has recorded, in the office of the recorder of deeds in the
county where the disposal area is l ocated, a notice and
covenant running with the land that the property has been
permitted as a solid waste disposal area and prohibits use
of the land in any manner which interferes with the closure
and, where appropriate, postclosure plans filed with t he
department.
12. Every person desiring to obtain a permit to
operate a solid waste disposal area or processing facility
shall submit applicable information and apply for an
operating permit from the department. The department shall
review the information and determine, within sixty days of
receipt, whether it complies with the provisions of sections
260.200 to 260.345 and the rules and regulations adopted
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pursuant to sections 260.200 to 260.345. When the review
reveals that the facility o r area does conform with the
provisions of sections 260.200 to 260.345 and the rules and
regulations adopted pursuant to sections 260.200 to 260.345,
the department shall issue a permit for the operation of
each solid waste processing facility or solid waste disposal
area and with any permit terms and conditions which the
department deems appropriate. In the event that the
facility or area fails to meet the rules and regulations
adopted pursuant to sections 260.200 to 260.345, the
department shall issue a report to the applicant stating the
reason for denial of a permit.
13. Each solid waste disposal area, except utility
waste landfills unless otherwise and to the extent required
by the department, and those solid waste processing
facilities designated by rule, shall be operated under the
direction of a certified solid waste technician in
accordance with sections 260.200 to 260.345 and the rules
and regulations promulgated pursuant to sections 260.200 to
260.345.
14. Base data for the quality and quantity of
groundwater in the solid waste disposal area shall be
collected and submitted to the department prior to the
operation of a new or expansion of an existing solid waste
disposal area. Base data shall include a chemical ana lysis
of groundwater drawn from the proposed solid waste disposal
area.
15. Leachate collection and removal systems shall be
incorporated into new or expanded sanitary landfills which
are permitted after August 13, 1986. The department shall
assess the need for a leachate collection system for all
types of solid waste disposal areas, other than sanitary
landfills, and the need for monitoring wells when it
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evaluates the application for all new or expanded solid
waste disposal areas. The department may require an
operator of a solid waste disposal area to install a
leachate collection system before the beginning of disposal
operations, at any time during disposal operations for
unfilled portions of the area, or for any portion of the
disposal area as a part of a remedial plan. The department
may require the operator to install monitoring wells before
the beginning of disposal operations or at any time during
the operational life or postclosure care period if it
concludes that conditio ns at the area warrant such
monitoring. The operator of a demolition landfill or
utility waste landfill shall not be required to install a
leachate collection and removal system or monitoring wells
unless otherwise and to the extent the department so
requires based on hazardous waste characteristic criteria or
site specific geohydrological characteristics or conditions.
16. Permits granted by the department, as provided in
sections 260.200 to 260.345, shall be subject to suspension
for a designated period of time, civil penalty or revocation
whenever the department determines that the solid waste
processing facility or solid waste disposal area is, or has
been, operated in violation of sections 260.200 to 260.345
or the rules or regulation s adopted pursuant to sections
260.200 to 260.345, or has been operated in violation of any
permit terms and conditions, or is creating a public
nuisance, health hazard, or environmental pollution. In the
event a permit is suspended or revoked, the pe rson named in
the permit shall be fully informed as to the reasons for
such action.
17. Each permit for operation of a facility or area
shall be issued only to the person named in the
application. Permits are transferable as a modification to
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the permit. An application to transfer ownership shall
identify the proposed permittee. A disclosure statement for
the proposed permittee listing violations contained in the
definition of disclosure statement found in section 260.200
shall be submitted to the department. The operation and
design plans for the facility or area shall be updated to
provide compliance with the currently applicable law and
rules. A financial assurance instrument in such an amount
and form as prescribed by the departme nt shall be provided
for solid waste disposal areas by the proposed permittee
prior to transfer of the permit. The financial assurance
instrument of the original permittee shall not be released
until the new permittee's financial assurance instrument has
been approved by the department and the transfer of
ownership is complete.
18. Those solid waste disposal areas permitted on
January 1, 1996, shall, upon submission of a request for
permit modification, be granted a solid waste management
area operating permit if the request meets reasonable
requirements set out by the department.
19. In case a permit required pursuant to this section
is denied or revoked, the person may request a hearing in
accordance with section 260.235.
20. Every applicant for a permit shall file a
disclosure statement with the information required by and on
a form developed by the department of natural resources at
the same time the application for a permit is filed with the
department.
21. Upon request of the director of the department of
natural resources, the applicant for a permit, any person
that could reasonably be expected to be involved in
management activities of the solid waste disposal area or
solid waste processing facility, or any person who has a
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controlling interest in any permittee shall be required to
submit to a criminal background check under section 43.543.
22. All persons required to file a disclosure
statement shall provide any assistance or information
requested by the director or by the Missouri state highway
patrol and shall cooperate in any inquiry or investigation
conducted by the department and any inquiry, investigation
or hearing conducted by the director. If, upon issuance of
a formal request to answe r any inquiry or produce
information, evidence or testimony, any person required to
file a disclosure statement refuses to comply, the
application of an applicant or the permit of a permittee may
be denied or revoked by the director.
23. If any of the information required to be included
in the disclosure statement changes, or if any additional
information should be added after the filing of the
statement, the person required to file it shall provide that
information to the director in writing, within thirty days
after the change or addition. The failure to provide such
information within thirty days may constitute the basis for
the revocation of or denial of an application for any permit
issued or applied for in accordance with this sectio n, but
only if, prior to any such denial or revocation, the
director notifies the applicant or permittee of the
director's intention to do so and gives the applicant or
permittee fourteen days from the date of the notice to
explain why the information was not provided within the
required thirty-day period. The director shall consider
this information when determining whether to revoke, deny or
conditionally grant the permit.
24. No person shall be required to submit the
disclosure statement required by this section if the person
is a corporation or an officer, director or shareholder of
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that corporation or any subsidiary thereof, and that
corporation:
(1) Has on file and in effect with the federal
Securities and Exchange Commission a registration statement
required under Section 5, Chapter 38, Title 1 of the
Securities Act of 1933, as amended, 15 U.S.C. Section 77e(c);
(2) Submits to the director with the application for a
permit evidence of the registration described in sub division
(1) of this subsection and a copy of the corporation's most
recent annual form 10 -K or an equivalent report; and
(3) Submits to the director on the anniversary date of
the issuance of any permit it holds under the Missouri solid
waste management law evidence of registration described in
subdivision (1) of this subsection and a copy of the
corporation's most recent annual form 10 -K or an equivalent
report.
25. After permit issuance, each facility shall
annually file an update to the disclosure statement with the
department of natural resources on or before March thirty -
first of each year. Failure to provide such update may
result in penalties as provided for under section 260.240.
26. Any county, district, municipality, authority, or
other political subdivision of this state which owns and
operates a sanitary landfill shall be exempt from the
requirement for the filing of the disclosure statement and
annual update to the disclosure statement.
27. Any person seeking a permit to operate a solid
waste disposal area, a solid waste processing facility, or a
resource recovery facility shall, concurrently with the
filing of the application for a permit, disclose any
convictions in this state, county or county -equivalent
public health or land use ordinances related to the
management of solid waste. If the department finds that
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there has been a continuing pattern of adjudicated
violations by the applicant, the department may deny the
application.
28. No permit to construct or permit to operate shall
be required pursuant to this section for any utility waste
landfill located in a county of the third classification
with a township form of government which has a population of
at least eleven thousand inhabi tants and no more than twelve
thousand five hundred inhabitants according to the most
recent decennial census, if such utility waste landfill
complies with all design and operating standards and closure
requirements applicable to utility waste landfill s pursuant
to sections 260.200 to 260.345 and provided that no waste
disposed of at such utility waste landfill is considered
hazardous waste pursuant to the Missouri hazardous waste law.
29. Advanced recycling facilities are not subject to
the requirements of this section as long as the feedstocks
received by such facility are source -separated or diverted
or recovered from municipal or other waste streams prior to
acceptance at the advanced recycling facility.