3313S.03F
1
SENATE SUBSTITUTE
FOR
HOUSE BILL NO. 1751
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Section A. Section 260.205, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 260.205, 2
to read as follows:3
260.205. 1. It shall be unlawful for any person to 1
operate a solid waste processing facility or so lid waste 2
disposal area of a solid waste management system without 3
first obtaining an operating permit from the department. It 4
shall be unlawful for any person to construct a solid waste 5
processing facility or solid waste disposal area without 6
first obtaining a construction permit from the department 7
pursuant to this section. A current authorization to 8
operate issued by the department pursuant to sections 9
260.200 to 260.345 shall be considered to be a permit to 10
operate for purposes of this sectio n for all solid waste 11
disposal areas and processing facilities existing on August 12
28, 1995. A permit shall not be issued for a sanitary 13
landfill to be located in a flood area, as determined by the 14
department, where flood waters are likely to significa ntly 15
erode final cover. A permit shall not be required to 16
operate a waste stabilization lagoon, settling pond or other 17
water treatment facility which has a valid permit from the 18
Missouri clean water commission even though the facility may 19
receive solid or semisolid waste materials. 20
2
2. No person or operator may apply for or obtain a 21
permit to construct a solid waste disposal area unless the 22
person has requested the department to conduct a preliminary 23
site investigation and obtained preliminary approval from 24
the department. The department shall, within sixty days of 25
such request, conduct a preliminary investigation and 26
approve or disapprove the site. 27
3. All proposed solid waste disposal areas for which a 28
preliminary site investigation request pursuant to 29
subsection 2 of this section is received by the department 30
on or after August 28, 1999, shall be subject to a public 31
involvement activity as part of the permit application 32
process. The activity shall consist of the following: 33
(1) The applicant shall notify the public of the 34
preliminary site investigation approval within thirty days 35
after the receipt of such approval. Such public 36
notification shall be by certified mail to the governing 37
body of the county or city in which the proposed disposal 38
area is to be located and by certified mail to the solid 39
waste management district in which the proposed disposal 40
area is to be located; 41
(2) Within ninety days after the preliminary site 42
investigation approval, the departmen t shall conduct a 43
public awareness session in the county in which the proposed 44
disposal area is to be located. The department shall 45
provide public notice of such session by both printed and 46
broadcast media at least thirty days prior to such session. 47
Printed notification shall include publication in at least 48
one newspaper having general circulation within the county 49
in which the proposed disposal area is to be located. 50
Broadcast notification shall include public service 51
announcements on radio sta tions that have broadcast coverage 52
within the county in which the proposed disposal area is to 53
3
be located. The intent of such public awareness session 54
shall be to provide general information to interested 55
citizens on the design and operation of solid waste disposal 56
areas; 57
(3) At least sixty days prior to the submission to the 58
department of a report on the results of a detailed site 59
investigation pursuant to subsection 4 of this section, the 60
applicant shall conduct a community involvement sess ion in 61
the county in which the proposed disposal area is to be 62
located. Department staff shall attend any such session. 63
The applicant shall provide public notice of such session by 64
both printed and broadcast media at least thirty days prior 65
to such session. Printed notification shall include 66
publication in at least one newspaper having general 67
circulation within the county in which the proposed disposal 68
area is to be located. Broadcast notification shall include 69
public service announcements on radio stations that have 70
broadcast coverage within the county in which the proposed 71
disposal area is to be located. Such public notices shall 72
include the addresses of the applicant and the department 73
and information on a public comment period. Such public 74
comment period shall begin on the day of the community 75
involvement session and continue for at least thirty days 76
after such session. The applicant shall respond to all 77
persons submitting comments during the public comment period 78
no more than thirty days after the receipt of such comments; 79
(4) If a proposed solid waste disposal area is to be 80
located in a county or city that has local planning and 81
zoning requirements, the applicant shall not be required to 82
conduct a community involvement session if the following 83
conditions are met: 84
(a) The local planning and zoning requirements include 85
a public meeting; 86
4
(b) The applicant notifies the department of intent to 87
utilize such meeting in lieu of the community involvement 88
session at least thirty days prior to such meeting; 89
(c) The requirements of such meeting include providing 90
public notice by printed or broadcast media at least thirty 91
days prior to such meeting; 92
(d) Such meeting is held at least thirty days prior to 93
the submission to the department of a report on the results 94
of a detailed site investigation pursuant to subsection 4 of 95
this section; 96
(e) The applicant submits to the department a record 97
of such meeting; 98
(f) A public comment period begins o n the day of such 99
meeting and continues for at least fourteen days after such 100
meeting, and the applicant responds to all persons 101
submitting comments during such public comment period no 102
more than fourteen days after the receipt of such comments. 103
4. No person may apply for or obtain a permit to 104
construct a solid waste disposal area unless the person has 105
submitted to the department a plan for conducting a detailed 106
surface and subsurface geologic and hydrologic investigation 107
and has obtained geol ogic and hydrologic site approval from 108
the department. The department shall approve or disapprove 109
the plan within thirty days of receipt. The applicant shall 110
conduct the investigation pursuant to the plan and submit 111
the results to the department. The department shall provide 112
approval or disapproval within sixty days of receipt of the 113
investigation results. 114
5. (1) Every person desiring to construct a solid 115
waste processing facility or solid waste disposal area shall 116
make application for a p ermit on forms provided for this 117
purpose by the department. Every applicant shall submit 118
evidence of financial responsibility with the application. 119
5
Any applicant who relies in part upon a parent corporation 120
for this demonstration shall also submit ev idence of 121
financial responsibility for that corporation and any other 122
subsidiary thereof. 123
(2) Every applicant shall provide a financial 124
assurance instrument or instruments to the department prior 125
to the granting of a construction permit for a sol id waste 126
disposal area. The financial assurance instrument or 127
instruments shall be irrevocable, meet all requirements 128
established by the department and shall not be cancelled, 129
revoked, disbursed, released or allowed to terminate without 130
the approval of the department. After the cessation of 131
active operation of a sanitary landfill, or other solid 132
waste disposal area as designed by the department, neither 133
the guarantor nor the operator shall cancel, revoke or 134
disburse the financial assurance instru ment or allow the 135
instrument to terminate until the operator is released from 136
postclosure monitoring and care responsibilities pursuant to 137
section 260.227. 138
(3) The applicant for a permit to construct a solid 139
waste disposal area shall provide the department with plans, 140
specifications, and such other data as may be necessary to 141
comply with the purpose of sections 260.200 to 260.345. The 142
application shall demonstrate compliance with all applicable 143
local planning and zoning requirements. The department 144
shall make an investigation of the solid waste disposal area 145
and determine whether it complies with the provisions of 146
sections 260.200 to 260.345 and the rules and regulations 147
adopted pursuant to sections 260.200 to 260.345. Within 148
twelve consecutive months of the receipt of an application 149
for a construction permit the department shall approve or 150
deny the application. The department shall issue rules and 151
regulations establishing time limits for permit 152
6
modifications and renewal of a permit for a solid waste 153
disposal area. The time limit shall be consistent with this 154
chapter. 155
(4) The applicant for a permit to construct a solid 156
waste processing facility shall provide the department with 157
plans, specifications and such other data as may be 158
necessary to comply with the purpose of sections 260.200 to 159
260.345. Within one hundred eighty days of receipt of the 160
application, the department shall determine whether it 161
complies with the provisions of sections 260.200 to 162
260.345. Within twelve consecutive months of the receipt of 163
an application for a permit to construct an incinerator as 164
described in the definition of solid waste processing 165
facility in section 260.200 or a material recovery facility 166
as described in the definition of so lid waste processing 167
facility in section 260.200, and within six months for 168
permit modifications, the department shall approve or deny 169
the application. Permits issued for solid waste facilities 170
shall be for the anticipated life of the facility. 171
(5) If the department fails to approve or deny an 172
application for a permit or a permit modification within the 173
time limits specified in subdivisions (3) and (4) of this 174
subsection, the applicant may maintain an action in the 175
circuit court of Cole Count y or that of the county in which 176
the facility is located or is to be sited. The court shall 177
order the department to show cause why it has not acted on 178
the permit and the court may, upon the presentation of 179
evidence satisfactory to the court, order the department to 180
issue or deny such permit or permit modification. Permits 181
for solid waste disposal areas, whether issued by the 182
department or ordered to be issued by a court, shall be for 183
the anticipated life of the facility. 184
7
(6) The applicant for a permit to construct a solid 185
waste processing facility shall pay an application fee of 186
one thousand dollars. Upon completion of the department's 187
evaluation of the application, but before receiving a 188
permit, the applicant shall reimburse the departm ent for all 189
reasonable costs incurred by the department up to a maximum 190
of four thousand dollars. The applicant for a permit to 191
construct a solid waste disposal area shall pay an 192
application fee of two thousand dollars. Upon completion of 193
the department's evaluations of the application, but before 194
receiving a permit, the applicant shall reimburse the 195
department for all reasonable costs incurred by the 196
department up to a maximum of eight thousand dollars. 197
Applicants who withdraw their application before the 198
department completes its evaluation shall be required to 199
reimburse the department for costs incurred in the 200
evaluation. The department shall not collect the fees 201
authorized in this subdivision unless it complies with the 202
time limits established in this section. 203
(7) When the review reveals that the facility or area 204
does conform with the provisions of sections 260.200 to 205
260.345 and the rules and regulations adopted pursuant to 206
sections 260.200 to 260.345, the department shall appro ve 207
the application and shall issue a permit for the 208
construction of each solid waste processing facility or 209
solid waste disposal area as set forth in the application 210
and with any permit terms and conditions which the 211
department deems appropriate. In the event that the 212
facility or area fails to meet the rules and regulations 213
adopted pursuant to sections 260.200 to 260.345, the 214
department shall issue a report to the applicant stating the 215
reason for denial of a permit. 216
8
6. Plans, designs, and re levant data for the 217
construction of solid waste processing facilities and solid 218
waste disposal areas shall be submitted to the department by 219
a registered professional engineer licensed by the state of 220
Missouri for approval prior to the construction, al teration 221
or operation of such a facility or area. 222
7. Any person or operator as defined in section 223
260.200 who intends to obtain a construction permit in a 224
solid waste management district with an approved solid waste 225
management plan shall request a recommendation in support of 226
the application from the executive board created in section 227
260.315. The executive board shall consider the impact of 228
the proposal on, and the extent to which the proposal 229
conforms to, the approved district solid waste m anagement 230
plan prepared pursuant to section 260.325. The executive 231
board shall act upon the request for a recommendation within 232
sixty days of receipt and shall submit a resolution to the 233
department specifying its position and its recommendation 234
regarding conformity of the application to the solid waste 235
plan. The board's failure to submit a resolution 236
constitutes recommendation of the application. The 237
department may consider the application, regardless of the 238
board's action thereon and may deny t he construction permit 239
if the application fails to meet the requirements of 240
sections 260.200 to 260.345, or if the application is 241
inconsistent with the district's solid waste management plan. 242
8. If the site proposed for a solid waste disposal 243
area is not owned by the applicant, the owner or owners of 244
the site shall acknowledge that an application pursuant to 245
sections 260.200 to 260.345 is to be submitted by signature 246
or signatures thereon. The department shall provide the 247
owner with copies of all communication with the operator, 248
9
including inspection reports and orders issued pursuant to 249
section 260.230. 250
9. The department shall not issue a permit for the 251
operation of a solid waste disposal area , solid waste 252
processing facility, demoli tion landfill, or sanitary 253
landfill designed to serve a city with a population of 254
greater than four hundred thousand located in more than one 255
county, if the site is located within [one-half] one mile of 256
an adjoining municipality, without the approval o f the 257
governing body of [such] the adjoining municipality. The 258
governing body shall conduct a public hearing within fifteen 259
days of notice, shall publicize the hearing in at least one 260
newspaper having general circulation in the municipality, 261
and shall vote to approve or disapprove the land disposal 262
facility within thirty days after the close of the hearing. 263
10. (1) Upon receipt of an application for a permit 264
to construct a solid waste processing facility or disposal 265
area, the department shal l notify the public of such receipt: 266
(a) By legal notice published in a newspaper of 267
general circulation in the area of the proposed disposal 268
area or processing facility; 269
(b) By certified mail to the governing body of the 270
county or city in which the proposed disposal area or 271
processing facility is to be located; and 272
(c) By mail to the last known address of all record 273
owners of contiguous real property or real property located 274
within one thousand feet of the proposed disposal area and , 275
for a proposed processing facility, notice as provided in 276
section 64.875 or section 89.060, whichever is applicable. 277
(2) If an application for a construction permit meets 278
all statutory and regulatory requirements for issuance, a 279
public hearing on the draft permit shall be held by the 280
department in the county in which the proposed solid waste 281
10
disposal area is to be located prior to the issuance of the 282
permit. The department shall provide public notice of such 283
hearing by both printed and broa dcast media at least thirty 284
days prior to such hearing. Printed notification shall 285
include publication in at least one newspaper having general 286
circulation within the county in which the proposed disposal 287
area is to be located. Broadcast notification shall include 288
public service announcements on radio stations that have 289
broadcast coverage within the county in which the proposed 290
disposal area is to be located. 291
11. After the issuance of a construction permit for a 292
solid waste disposal area, bu t prior to the beginning of 293
disposal operations, the owner and the department shall 294
execute an easement to allow the department, its agents or 295
its contractors to enter the premises to complete work 296
specified in the closure plan, or to monitor or mainta in the 297
site or to take remedial action during the postclosure 298
period. After issuance of a construction permit for a solid 299
waste disposal area, but prior to the beginning of disposal 300
operations, the owner shall submit evidence that such owner 301
has recorded, in the office of the recorder of deeds in the 302
county where the disposal area is located, a notice and 303
covenant running with the land that the property has been 304
permitted as a solid waste disposal area and prohibits use 305
of the land in any manner w hich interferes with the closure 306
and, where appropriate, postclosure plans filed with the 307
department. 308
12. Every person desiring to obtain a permit to 309
operate a solid waste disposal area or processing facility 310
shall submit applicable information a nd apply for an 311
operating permit from the department. The department shall 312
review the information and determine, within sixty days of 313
receipt, whether it complies with the provisions of sections 314
11
260.200 to 260.345 and the rules and regulations adopted 315
pursuant to sections 260.200 to 260.345. When the review 316
reveals that the facility or area does conform with the 317
provisions of sections 260.200 to 260.345 and the rules and 318
regulations adopted pursuant to sections 260.200 to 260.345, 319
the department shall issue a permit for the operation of 320
each solid waste processing facility or solid waste disposal 321
area and with any permit terms and conditions which the 322
department deems appropriate. In the event that the 323
facility or area fails to meet the rules and regulations 324
adopted pursuant to sections 260.200 to 260.345, the 325
department shall issue a report to the applicant stating the 326
reason for denial of a permit. 327
13. Each solid waste disposal area, except utility 328
waste landfills unless otherwise and to the extent required 329
by the department, and those solid waste processing 330
facilities designated by rule, shall be operated under the 331
direction of a certified solid waste technician in 332
accordance with sections 260.200 to 260.345 and the rules 333
and regulations promulgated pursuant to sections 260.200 to 334
260.345. 335
14. Base data for the quality and quantity of 336
groundwater in the solid waste disposal area shall be 337
collected and submitted to the department prior to the 338
operation of a new or expa nsion of an existing solid waste 339
disposal area. Base data shall include a chemical analysis 340
of groundwater drawn from the proposed solid waste disposal 341
area. 342
15. Leachate collection and removal systems shall be 343
incorporated into new or expanded sanitary landfills which 344
are permitted after August 13, 1986. The department shall 345
assess the need for a leachate collection system for all 346
types of solid waste disposal areas, other than sanitary 347
12
landfills, and the need for monitoring wells when it 348
evaluates the application for all new or expanded solid 349
waste disposal areas. The department may require an 350
operator of a solid waste disposal area to install a 351
leachate collection system before the beginning of disposal 352
operations, at any time during disposal operations for 353
unfilled portions of the area, or for any portion of the 354
disposal area as a part of a remedial plan. The department 355
may require the operator to install monitoring wells before 356
the beginning of disposal operations or at any tim e during 357
the operational life or postclosure care period if it 358
concludes that conditions at the area warrant such 359
monitoring. The operator of a demolition landfill or 360
utility waste landfill shall not be required to install a 361
leachate collection and r emoval system or monitoring wells 362
unless otherwise and to the extent the department so 363
requires based on hazardous waste characteristic criteria or 364
site specific geohydrological characteristics or conditions. 365
16. Permits granted by the department, as provided in 366
sections 260.200 to 260.345, shall be subject to suspension 367
for a designated period of time, civil penalty or revocation 368
whenever the department determines that the solid waste 369
processing facility or solid waste disposal area is, or has 370
been, operated in violation of sections 260.200 to 260.345 371
or the rules or regulations adopted pursuant to sections 372
260.200 to 260.345, or has been operated in violation of any 373
permit terms and conditions, or is creating a public 374
nuisance, health haz ard, or environmental pollution. In the 375
event a permit is suspended or revoked, the person named in 376
the permit shall be fully informed as to the reasons for 377
such action. 378
17. Each permit for operation of a facility or area 379
shall be issued only to the person named in the 380
13
application. Permits are transferable as a modification to 381
the permit. An application to transfer ownership shall 382
identify the proposed permittee. A disclosure statement for 383
the proposed permittee listing violations containe d in the 384
definition of disclosure statement found in section 260.200 385
shall be submitted to the department. The operation and 386
design plans for the facility or area shall be updated to 387
provide compliance with the currently applicable law and 388
rules. A financial assurance instrument in such an amount 389
and form as prescribed by the department shall be provided 390
for solid waste disposal areas by the proposed permittee 391
prior to transfer of the permit. The financial assurance 392
instrument of the original pe rmittee shall not be released 393
until the new permittee's financial assurance instrument has 394
been approved by the department and the transfer of 395
ownership is complete. 396
18. Those solid waste disposal areas permitted on 397
January 1, 1996, shall, upon s ubmission of a request for 398
permit modification, be granted a solid waste management 399
area operating permit if the request meets reasonable 400
requirements set out by the department. 401
19. In case a permit required pursuant to this section 402
is denied or revoked, the person may request a hearing in 403
accordance with section 260.235. 404
20. Every applicant for a permit shall file a 405
disclosure statement with the information required by and on 406
a form developed by the department of natural resources at 407
the same time the application for a permit is filed with the 408
department. 409
21. Upon request of the director of the department of 410
natural resources, the applicant for a permit, any person 411
that could reasonably be expected to be involved in 412
management activities of the solid waste disposal area or 413
14
solid waste processing facility, or any person who has a 414
controlling interest in any permittee shall be required to 415
submit to a criminal background check under section 43.543. 416
22. All persons required to file a disclosure 417
statement shall provide any assistance or information 418
requested by the director or by the Missouri state highway 419
patrol and shall cooperate in any inquiry or investigation 420
conducted by the department and any inquiry, investigation 421
or hearing conducted by the director. If, upon issuance of 422
a formal request to answer any inquiry or produce 423
information, evidence or testimony, any person required to 424
file a disclosure statement refuses to comply, the 425
application of an applicant or the permit of a permittee may 426
be denied or revoked by the director. 427
23. If any of the information required to be included 428
in the disclosure statement changes, or if any additional 429
information should be added after the filing of the 430
statement, the person required to file it shall provide that 431
information to the director in writing, within thirty days 432
after the change or addition. The failure to provide such 433
information within thirty days may constitute the basis for 434
the revocation of or denia l of an application for any permit 435
issued or applied for in accordance with this section, but 436
only if, prior to any such denial or revocation, the 437
director notifies the applicant or permittee of the 438
director's intention to do so and gives the applicant or 439
permittee fourteen days from the date of the notice to 440
explain why the information was not provided within the 441
required thirty-day period. The director shall consider 442
this information when determining whether to revoke, deny or 443
conditionally grant the permit. 444
24. No person shall be required to submit the 445
disclosure statement required by this section if the person 446
15
is a corporation or an officer, director or shareholder of 447
that corporation or any subsidiary thereof, and that 448
corporation: 449
(1) Has on file and in effect with the federal 450
Securities and Exchange Commission a registration statement 451
required under Section 5, Chapter 38, Title 1 of the 452
Securities Act of 1933, as amended, 15 U.S.C. Section 77e(c); 453
(2) Submits to the director with the application for a 454
permit evidence of the registration described in subdivision 455
(1) of this subsection and a copy of the corporation's most 456
recent annual form 10 -K or an equivalent report; and 457
(3) Submits to the director on the ann iversary date of 458
the issuance of any permit it holds under the Missouri solid 459
waste management law evidence of registration described in 460
subdivision (1) of this subsection and a copy of the 461
corporation's most recent annual form 10 -K or an equivalent 462
report. 463
25. After permit issuance, each facility shall 464
annually file an update to the disclosure statement with the 465
department of natural resources on or before March thirty - 466
first of each year. Failure to provide such update may 467
result in penalties as provided for under section 260.240. 468
26. Any county, district, municipality, authority, or 469
other political subdivision of this state which owns and 470
operates a sanitary landfill shall be exempt from the 471
requirement for the filing of the disclo sure statement and 472
annual update to the disclosure statement. 473
27. Any person seeking a permit to operate a solid 474
waste disposal area, a solid waste processing facility, or a 475
resource recovery facility shall, concurrently with the 476
filing of the application for a permit, disclose any 477
convictions in this state, county or county -equivalent 478
public health or land use ordinances related to the 479
16
management of solid waste. If the department finds that 480
there has been a continuing pattern of adjudicated 481
violations by the applicant, the department may deny the 482
application. 483
28. No permit to construct or permit to operate shall 484
be required pursuant to this section for any utility waste 485
landfill located in a county of the third classification 486
with a township form of government which has a population of 487
at least eleven thousand inhabitants and no more than twelve 488
thousand five hundred inhabitants according to the most 489
recent decennial census, if such utility waste landfill 490
complies with all desig n and operating standards and closure 491
requirements applicable to utility waste landfills pursuant 492
to sections 260.200 to 260.345 and provided that no waste 493
disposed of at such utility waste landfill is considered 494
hazardous waste pursuant to the Missour i hazardous waste law. 495
29. Advanced recycling facilities are not subject to 496
the requirements of this section as long as the feedstocks 497
received by such facility are source -separated or diverted 498
or recovered from municipal or other waste streams pr ior to 499
acceptance at the advanced recycling facility. 500