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Missouri Senate Bill SB1139

Missouri 2024 Regular Session

Missouri Senate Bill SB1139 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 SECOND REGULAR SESSION
55 SENATE BILL NO. 1139
66 102ND GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR BRATTIN.
88 4448S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 260.205, RSMo, and to enact in lieu thereof one new section relating to solid
1111 waste disposal area permits.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 260.205, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 260.205, 2
1616 to read as follows:3
1717 260.205. 1. It shall be unlawful for any person to 1
1818 operate a solid waste processing facility or solid waste 2
1919 disposal area of a solid waste management system without 3
2020 first obtaining an operating permit from the department. It 4
2121 shall be unlawful for any person t o construct a solid waste 5
2222 processing facility or solid waste disposal area without 6
2323 first obtaining a construction permit from the department 7
2424 pursuant to this section. A current authorization to 8
2525 operate issued by the department pursuant to sections 9
2626 260.200 to 260.345 shall be considered to be a permit to 10
2727 operate for purposes of this section for all solid waste 11
2828 disposal areas and processing facilities existing on August 12
2929 28, 1995. A permit shall not be issued for a sanitary 13
3030 landfill to be located in a flood area, as determined by the 14
3131 department, where flood waters are likely to significantly 15
3232 erode final cover. A permit shall not be required to 16
3333 operate a waste stabilization lagoon, settling pond or other 17
3434 water treatment facility which has a valid permit from the 18 SB 1139 2
3535 Missouri clean water commission even though the facility may 19
3636 receive solid or semisolid waste materials. 20
3737 2. No person or operator may apply for or obtain a 21
3838 permit to construct a solid waste disposal area unless the 22
3939 person has requested the department to conduct a preliminary 23
4040 site investigation and obtained preliminary approval from 24
4141 the department. The department shall, within sixty days of 25
4242 such request, conduct a preliminary investigation and 26
4343 approve or disapprove the site. 27
4444 3. All proposed solid waste disposal areas for which a 28
4545 preliminary site investigation request pursuant to 29
4646 subsection 2 of this section is received by the department 30
4747 on or after August 28, 1999, shall be subject to a public 31
4848 involvement activity as part of the permit application 32
4949 process. The activity shall consist of the following: 33
5050 (1) The applicant shall notify the public of the 34
5151 preliminary site investigation approval within thirty days 35
5252 after the receipt of such approval. Such public 36
5353 notification shall be by certified mail to the governing 37
5454 body of the county or city in which the proposed disposal 38
5555 area is to be located and by certified mail to the solid 39
5656 waste management district in which the proposed disposal 40
5757 area is to be located; 41
5858 (2) Within ninety days after the preliminary site 42
5959 investigation approval, the department shall conduct a 43
6060 public awareness session in the county in which the proposed 44
6161 disposal area is to be located. The department shall 45
6262 provide public notice of such session by both printed and 46
6363 broadcast media at least thirty days prior to such session. 47
6464 Printed notification shall include publication in at least 48
6565 one newspaper having general circulation within the county 49
6666 in which the proposed disposal area is to be located. 50 SB 1139 3
6767 Broadcast notification shall include public service 51
6868 announcements on radio stations that have broadcast coverage 52
6969 within the county in which the proposed disposal area is to 53
7070 be located. The intent of such public awareness session 54
7171 shall be to provide general information to interested 55
7272 citizens on the design and operation of solid waste disposal 56
7373 areas; 57
7474 (3) At least sixty days prior to the submission to the 58
7575 department of a report on the results of a detailed site 59
7676 investigation pursuant to subsection 4 of this section, the 60
7777 applicant shall conduct a community involvement session in 61
7878 the county in which the proposed disposal area is to be 62
7979 located. Department staff shall attend any such session. 63
8080 The applicant shall provide public notic e of such session by 64
8181 both printed and broadcast media at least thirty days prior 65
8282 to such session. Printed notification shall include 66
8383 publication in at least one newspaper having general 67
8484 circulation within the county in which the proposed disposal 68
8585 area is to be located. Broadcast notification shall include 69
8686 public service announcements on radio stations that have 70
8787 broadcast coverage within the county in which the proposed 71
8888 disposal area is to be located. Such public notices shall 72
8989 include the addresses of the applicant and the department 73
9090 and information on a public comment period. Such public 74
9191 comment period shall begin on the day of the community 75
9292 involvement session and continue for at least thirty days 76
9393 after such session. The applicant shall re spond to all 77
9494 persons submitting comments during the public comment period 78
9595 no more than thirty days after the receipt of such comments; 79
9696 (4) If a proposed solid waste disposal area is to be 80
9797 located in a county or city that has local planning and 81
9898 zoning requirements, the applicant shall not be required to 82 SB 1139 4
9999 conduct a community involvement session if the following 83
100100 conditions are met: 84
101101 (a) The local planning and zoning requirements include 85
102102 a public meeting; 86
103103 (b) The applicant notifies the de partment of intent to 87
104104 utilize such meeting in lieu of the community involvement 88
105105 session at least thirty days prior to such meeting; 89
106106 (c) The requirements of such meeting include providing 90
107107 public notice by printed or broadcast media at least thirty 91
108108 days prior to such meeting; 92
109109 (d) Such meeting is held at least thirty days prior to 93
110110 the submission to the department of a report on the results 94
111111 of a detailed site investigation pursuant to subsection 4 of 95
112112 this section; 96
113113 (e) The applicant submits to the department a record 97
114114 of such meeting; 98
115115 (f) A public comment period begins on the day of such 99
116116 meeting and continues for at least fourteen days after such 100
117117 meeting, and the applicant responds to all persons 101
118118 submitting comments during such p ublic comment period no 102
119119 more than fourteen days after the receipt of such comments. 103
120120 4. No person may apply for or obtain a permit to 104
121121 construct a solid waste disposal area unless the person has 105
122122 submitted to the department a plan for conducting a de tailed 106
123123 surface and subsurface geologic and hydrologic investigation 107
124124 and has obtained geologic and hydrologic site approval from 108
125125 the department. The department shall approve or disapprove 109
126126 the plan within thirty days of receipt. The applicant shall 110
127127 conduct the investigation pursuant to the plan and submit 111
128128 the results to the department. The department shall provide 112
129129 approval or disapproval within sixty days of receipt of the 113
130130 investigation results. 114 SB 1139 5
131131 5. (1) Every person desiring to construct a so lid 115
132132 waste processing facility or solid waste disposal area shall 116
133133 make application for a permit on forms provided for this 117
134134 purpose by the department. Every applicant shall submit 118
135135 evidence of financial responsibility with the application. 119
136136 Any applicant who relies in part upon a parent corporation 120
137137 for this demonstration shall also submit evidence of 121
138138 financial responsibility for that corporation and any other 122
139139 subsidiary thereof. 123
140140 (2) Every applicant shall provide a financial 124
141141 assurance instrument or instruments to the department prior 125
142142 to the granting of a construction permit for a solid waste 126
143143 disposal area. The financial assurance instrument or 127
144144 instruments shall be irrevocable, meet all requirements 128
145145 established by the department and shall not be cancelled, 129
146146 revoked, disbursed, released or allowed to terminate without 130
147147 the approval of the department. After the cessation of 131
148148 active operation of a sanitary landfill, or other solid 132
149149 waste disposal area as designed by the department, neither 133
150150 the guarantor nor the operator shall cancel, revoke or 134
151151 disburse the financial assurance instrument or allow the 135
152152 instrument to terminate until the operator is released from 136
153153 postclosure monitoring and care responsibilities pursuant to 137
154154 section 260.227. 138
155155 (3) The applicant for a permit to construct a solid 139
156156 waste disposal area shall provide the department with plans, 140
157157 specifications, and such other data as may be necessary to 141
158158 comply with the purpose of sections 260.200 to 260.345. The 142
159159 application shall demonstrate compliance with all applicable 143
160160 local planning and zoning requirements. The department 144
161161 shall make an investigation of the solid waste disposal area 145
162162 and determine whether it complies with the provisions of 146 SB 1139 6
163163 sections 260.200 to 260.345 and the rules and regulations 147
164164 adopted pursuant to sections 260.200 to 260.345. Within 148
165165 twelve consecutive months of the receipt of an application 149
166166 for a construction permit the department shall approve or 150
167167 deny the application. The department shall issue rules and 151
168168 regulations establishing time limits for permit 152
169169 modifications and renewal of a permit for a solid waste 153
170170 disposal area. The time limit shall be consistent with this 154
171171 chapter. 155
172172 (4) The applicant for a permit to construct a solid 156
173173 waste processing facility shall provide the department with 157
174174 plans, specifications and such other data as may be 158
175175 necessary to comply with the purpose of sections 260.200 to 159
176176 260.345. Within one hundred eighty days of receipt of the 160
177177 application, the department shall de termine whether it 161
178178 complies with the provisions of sections 260.200 to 162
179179 260.345. Within twelve consecutive months of the receipt of 163
180180 an application for a permit to construct an incinerator as 164
181181 described in the definition of solid waste processing 165
182182 facility in section 260.200 or a material recovery facility 166
183183 as described in the definition of solid waste processing 167
184184 facility in section 260.200, and within six months for 168
185185 permit modifications, the department shall approve or deny 169
186186 the application. Permits issued for solid waste facilities 170
187187 shall be for the anticipated life of the facility. 171
188188 (5) If the department fails to approve or deny an 172
189189 application for a permit or a permit modification within the 173
190190 time limits specified in subdivisions (3) and (4) of this 174
191191 subsection, the applicant may maintain an action in the 175
192192 circuit court of Cole County or that of the county in which 176
193193 the facility is located or is to be sited. The court shall 177
194194 order the department to show cause why it has not acted on 178 SB 1139 7
195195 the permit and the court may, upon the presentation of 179
196196 evidence satisfactory to the court, order the department to 180
197197 issue or deny such permit or permit modification. Permits 181
198198 for solid waste disposal areas, whether issued by the 182
199199 department or ordered to be issued by a court, shall be for 183
200200 the anticipated life of the facility. 184
201201 (6) The applicant for a permit to construct a solid 185
202202 waste processing facility shall pay an application fee of 186
203203 one thousand dollars. Upon completion of the department's 187
204204 evaluation of the application, but before receiving a 188
205205 permit, the applicant shall reimburse the department for all 189
206206 reasonable costs incurred by the department up to a maximum 190
207207 of four thousand dollars. The applicant for a permit to 191
208208 construct a solid waste disposal area shall pay an 192
209209 application fee of two thousand dollars. Upon completion of 193
210210 the department's evaluations of the application, but before 194
211211 receiving a permit, the applicant shall reimburse the 195
212212 department for all reasonable costs incurred by the 196
213213 department up to a maximum of eight thousand dollars. 197
214214 Applicants who withdraw their application before the 198
215215 department completes its evaluation shall be required to 199
216216 reimburse the department for costs incurred in the 200
217217 evaluation. The department shall not coll ect the fees 201
218218 authorized in this subdivision unless it complies with the 202
219219 time limits established in this section. 203
220220 (7) When the review reveals that the facility or area 204
221221 does conform with the provisions of sections 260.200 to 205
222222 260.345 and the rules a nd regulations adopted pursuant to 206
223223 sections 260.200 to 260.345, the department shall approve 207
224224 the application and shall issue a permit for the 208
225225 construction of each solid waste processing facility or 209
226226 solid waste disposal area as set forth in the applicat ion 210 SB 1139 8
227227 and with any permit terms and conditions which the 211
228228 department deems appropriate. In the event that the 212
229229 facility or area fails to meet the rules and regulations 213
230230 adopted pursuant to sections 260.200 to 260.345, the 214
231231 department shall issue a report t o the applicant stating the 215
232232 reason for denial of a permit. 216
233233 6. Plans, designs, and relevant data for the 217
234234 construction of solid waste processing facilities and solid 218
235235 waste disposal areas shall be submitted to the department by 219
236236 a registered professi onal engineer licensed by the state of 220
237237 Missouri for approval prior to the construction, alteration 221
238238 or operation of such a facility or area. 222
239239 7. Any person or operator as defined in section 223
240240 260.200 who intends to obtain a construction permit in a 224
241241 solid waste management district with an approved solid waste 225
242242 management plan shall request a recommendation in support of 226
243243 the application from the executive board created in section 227
244244 260.315. The executive board shall consider the impact of 228
245245 the proposal on, and the extent to which the proposal 229
246246 conforms to, the approved district solid waste management 230
247247 plan prepared pursuant to section 260.325. The executive 231
248248 board shall act upon the request for a recommendation within 232
249249 sixty days of receipt and shall s ubmit a resolution to the 233
250250 department specifying its position and its recommendation 234
251251 regarding conformity of the application to the solid waste 235
252252 plan. The board's failure to submit a resolution 236
253253 constitutes recommendation of the application. The 237
254254 department may consider the application, regardless of the 238
255255 board's action thereon and may deny the construction permit 239
256256 if the application fails to meet the requirements of 240
257257 sections 260.200 to 260.345, or if the application is 241
258258 inconsistent with the district's solid waste management plan. 242 SB 1139 9
259259 8. If the site proposed for a solid waste disposal 243
260260 area is not owned by the applicant, the owner or owners of 244
261261 the site shall acknowledge that an application pursuant to 245
262262 sections 260.200 to 260.345 is to be submitted b y signature 246
263263 or signatures thereon. The department shall provide the 247
264264 owner with copies of all communication with the operator, 248
265265 including inspection reports and orders issued pursuant to 249
266266 section 260.230. 250
267267 9. The department shall not issue a permit for the 251
268268 operation of a solid waste disposal area designed to serve a 252
269269 city with a population of greater than four hundred thousand 253
270270 located in more than one county, if the site is located 254
271271 within [one-half] one mile of an adjoining municipality, 255
272272 without the approval of the governing body of such 256
273273 municipality. The governing body shall conduct a public 257
274274 hearing within fifteen days of notice, the governing body 258
275275 shall publicize the hearing in at least one newspaper having 259
276276 general circulation in the munici pality, and shall vote to 260
277277 approve or disapprove the land disposal facility within 261
278278 thirty days after the close of the hearing. 262
279279 10. (1) Upon receipt of an application for a permit 263
280280 to construct a solid waste processing facility or disposal 264
281281 area, the department shall notify the public of such receipt: 265
282282 (a) By legal notice published in a newspaper of 266
283283 general circulation in the area of the proposed disposal 267
284284 area or processing facility; 268
285285 (b) By certified mail to the governing body of the 269
286286 county or city in which the proposed disposal area or 270
287287 processing facility is to be located; and 271
288288 (c) By mail to the last known address of all record 272
289289 owners of contiguous real property or real property located 273
290290 within one thousand feet of the proposed disposal area and, 274 SB 1139 10
291291 for a proposed processing facility, notice as provided in 275
292292 section 64.875 or section 89.060, whichever is applicable. 276
293293 (2) If an application for a construction permit meets 277
294294 all statutory and regulatory requirements for issuance, a 278
295295 public hearing on the draft permit shall be held by the 279
296296 department in the county in which the proposed solid waste 280
297297 disposal area is to be located prior to the issuance of the 281
298298 permit. The department shall provide public notice of such 282
299299 hearing by both printed and broadcast media at least thirty 283
300300 days prior to such hearing. Printed notification shall 284
301301 include publication in at least one newspaper having general 285
302302 circulation within the county in which the proposed disposal 286
303303 area is to be located. Broadcast notification shall include 287
304304 public service announcements on radio stations that have 288
305305 broadcast coverage within the county in which the proposed 289
306306 disposal area is to be located. 290
307307 11. After the issuance of a construction permit for a 291
308308 solid waste disposal area, but prior to the beginning of 292
309309 disposal operations, the owner and the department shall 293
310310 execute an easement to allow the department, its agents or 294
311311 its contractors to enter the premises to complete work 295
312312 specified in the closure plan, or to monitor or maintain the 296
313313 site or to take remedial action during the postclosure 297
314314 period. After issuance of a construction permit for a solid 298
315315 waste disposal area, but prior to the beginning of disposal 299
316316 operations, the owner shall submit evidence that suc h owner 300
317317 has recorded, in the office of the recorder of deeds in the 301
318318 county where the disposal area is located, a notice and 302
319319 covenant running with the land that the property has been 303
320320 permitted as a solid waste disposal area and prohibits use 304
321321 of the land in any manner which interferes with the closure 305 SB 1139 11
322322 and, where appropriate, postclosure plans filed with the 306
323323 department. 307
324324 12. Every person desiring to obtain a permit to 308
325325 operate a solid waste disposal area or processing facility 309
326326 shall submit applica ble information and apply for an 310
327327 operating permit from the department. The department shall 311
328328 review the information and determine, within sixty days of 312
329329 receipt, whether it complies with the provisions of sections 313
330330 260.200 to 260.345 and the rules and re gulations adopted 314
331331 pursuant to sections 260.200 to 260.345. When the review 315
332332 reveals that the facility or area does conform with the 316
333333 provisions of sections 260.200 to 260.345 and the rules and 317
334334 regulations adopted pursuant to sections 260.200 to 260.345, 318
335335 the department shall issue a permit for the operation of 319
336336 each solid waste processing facility or solid waste disposal 320
337337 area and with any permit terms and conditions which the 321
338338 department deems appropriate. In the event that the 322
339339 facility or area fails to meet the rules and regulations 323
340340 adopted pursuant to sections 260.200 to 260.345, the 324
341341 department shall issue a report to the applicant stating the 325
342342 reason for denial of a permit. 326
343343 13. Each solid waste disposal area, except utility 327
344344 waste landfills unless otherwise and to the extent required 328
345345 by the department, and those solid waste processing 329
346346 facilities designated by rule, shall be operated under the 330
347347 direction of a certified solid waste technician in 331
348348 accordance with sections 260.200 to 260.345 an d the rules 332
349349 and regulations promulgated pursuant to sections 260.200 to 333
350350 260.345. 334
351351 14. Base data for the quality and quantity of 335
352352 groundwater in the solid waste disposal area shall be 336
353353 collected and submitted to the department prior to the 337 SB 1139 12
354354 operation of a new or expansion of an existing solid waste 338
355355 disposal area. Base data shall include a chemical analysis 339
356356 of groundwater drawn from the proposed solid waste disposal 340
357357 area. 341
358358 15. Leachate collection and removal systems shall be 342
359359 incorporated into new or expanded sanitary landfills which 343
360360 are permitted after August 13, 1986. The department shall 344
361361 assess the need for a leachate collection system for all 345
362362 types of solid waste disposal areas, other than sanitary 346
363363 landfills, and the need for monitorin g wells when it 347
364364 evaluates the application for all new or expanded solid 348
365365 waste disposal areas. The department may require an 349
366366 operator of a solid waste disposal area to install a 350
367367 leachate collection system before the beginning of disposal 351
368368 operations, at any time during disposal operations for 352
369369 unfilled portions of the area, or for any portion of the 353
370370 disposal area as a part of a remedial plan. The department 354
371371 may require the operator to install monitoring wells before 355
372372 the beginning of disposal operati ons or at any time during 356
373373 the operational life or postclosure care period if it 357
374374 concludes that conditions at the area warrant such 358
375375 monitoring. The operator of a demolition landfill or 359
376376 utility waste landfill shall not be required to install a 360
377377 leachate collection and removal system or monitoring wells 361
378378 unless otherwise and to the extent the department so 362
379379 requires based on hazardous waste characteristic criteria or 363
380380 site specific geohydrological characteristics or conditions. 364
381381 16. Permits granted by the department, as provided in 365
382382 sections 260.200 to 260.345, shall be subject to suspension 366
383383 for a designated period of time, civil penalty or revocation 367
384384 whenever the department determines that the solid waste 368
385385 processing facility or solid waste disposa l area is, or has 369 SB 1139 13
386386 been, operated in violation of sections 260.200 to 260.345 370
387387 or the rules or regulations adopted pursuant to sections 371
388388 260.200 to 260.345, or has been operated in violation of any 372
389389 permit terms and conditions, or is creating a public 373
390390 nuisance, health hazard, or environmental pollution. In the 374
391391 event a permit is suspended or revoked, the person named in 375
392392 the permit shall be fully informed as to the reasons for 376
393393 such action. 377
394394 17. Each permit for operation of a facility or area 378
395395 shall be issued only to the person named in the 379
396396 application. Permits are transferable as a modification to 380
397397 the permit. An application to transfer ownership shall 381
398398 identify the proposed permittee. A disclosure statement for 382
399399 the proposed permittee listing vi olations contained in the 383
400400 definition of disclosure statement found in section 260.200 384
401401 shall be submitted to the department. The operation and 385
402402 design plans for the facility or area shall be updated to 386
403403 provide compliance with the currently applicable la w and 387
404404 rules. A financial assurance instrument in such an amount 388
405405 and form as prescribed by the department shall be provided 389
406406 for solid waste disposal areas by the proposed permittee 390
407407 prior to transfer of the permit. The financial assurance 391
408408 instrument of the original permittee shall not be released 392
409409 until the new permittee's financial assurance instrument has 393
410410 been approved by the department and the transfer of 394
411411 ownership is complete. 395
412412 18. Those solid waste disposal areas permitted on 396
413413 January 1, 1996, shall, upon submission of a request for 397
414414 permit modification, be granted a solid waste management 398
415415 area operating permit if the request meets reasonable 399
416416 requirements set out by the department. 400 SB 1139 14
417417 19. In case a permit required pursuant to this secti on 401
418418 is denied or revoked, the person may request a hearing in 402
419419 accordance with section 260.235. 403
420420 20. Every applicant for a permit shall file a 404
421421 disclosure statement with the information required by and on 405
422422 a form developed by the department of natural resources at 406
423423 the same time the application for a permit is filed with the 407
424424 department. 408
425425 21. Upon request of the director of the department of 409
426426 natural resources, the applicant for a permit, any person 410
427427 that could reasonably be expected to be involve d in 411
428428 management activities of the solid waste disposal area or 412
429429 solid waste processing facility, or any person who has a 413
430430 controlling interest in any permittee shall be required to 414
431431 submit to a criminal background check under section 43.543. 415
432432 22. All persons required to file a disclosure 416
433433 statement shall provide any assistance or information 417
434434 requested by the director or by the Missouri state highway 418
435435 patrol and shall cooperate in any inquiry or investigation 419
436436 conducted by the department and any inqui ry, investigation 420
437437 or hearing conducted by the director. If, upon issuance of 421
438438 a formal request to answer any inquiry or produce 422
439439 information, evidence or testimony, any person required to 423
440440 file a disclosure statement refuses to comply, the 424
441441 application of an applicant or the permit of a permittee may 425
442442 be denied or revoked by the director. 426
443443 23. If any of the information required to be included 427
444444 in the disclosure statement changes, or if any additional 428
445445 information should be added after the filing of t he 429
446446 statement, the person required to file it shall provide that 430
447447 information to the director in writing, within thirty days 431
448448 after the change or addition. The failure to provide such 432 SB 1139 15
449449 information within thirty days may constitute the basis for 433
450450 the revocation of or denial of an application for any permit 434
451451 issued or applied for in accordance with this section, but 435
452452 only if, prior to any such denial or revocation, the 436
453453 director notifies the applicant or permittee of the 437
454454 director's intention to do so and gi ves the applicant or 438
455455 permittee fourteen days from the date of the notice to 439
456456 explain why the information was not provided within the 440
457457 required thirty-day period. The director shall consider 441
458458 this information when determining whether to revoke, deny or 442
459459 conditionally grant the permit. 443
460460 24. No person shall be required to submit the 444
461461 disclosure statement required by this section if the person 445
462462 is a corporation or an officer, director or shareholder of 446
463463 that corporation or any subsidiary thereof, and tha t 447
464464 corporation: 448
465465 (1) Has on file and in effect with the federal 449
466466 Securities and Exchange Commission a registration statement 450
467467 required under Section 5, Chapter 38, Title 1 of the 451
468468 Securities Act of 1933, as amended, 15 U.S.C. Section 77e(c); 452
469469 (2) Submits to the director with the application for a 453
470470 permit evidence of the registration described in subdivision 454
471471 (1) of this subsection and a copy of the corporation's most 455
472472 recent annual form 10 -K or an equivalent report; and 456
473473 (3) Submits to the director on the anniversary date of 457
474474 the issuance of any permit it holds under the Missouri solid 458
475475 waste management law evidence of registration described in 459
476476 subdivision (1) of this subsection and a copy of the 460
477477 corporation's most recent annual form 10 -K or an equivalent 461
478478 report. 462
479479 25. After permit issuance, each facility shall 463
480480 annually file an update to the disclosure statement with the 464 SB 1139 16
481481 department of natural resources on or before March thirty - 465
482482 first of each year. Failure to provide such update may 466
483483 result in penalties as provided for under section 260.240. 467
484484 26. Any county, district, municipality, authority, or 468
485485 other political subdivision of this state which owns and 469
486486 operates a sanitary landfill shall be exempt from the 470
487487 requirement for the fil ing of the disclosure statement and 471
488488 annual update to the disclosure statement. 472
489489 27. Any person seeking a permit to operate a solid 473
490490 waste disposal area, a solid waste processing facility, or a 474
491491 resource recovery facility shall, concurrently with the 475
492492 filing of the application for a permit, disclose any 476
493493 convictions in this state, county or county -equivalent 477
494494 public health or land use ordinances related to the 478
495495 management of solid waste. If the department finds that 479
496496 there has been a continuing patter n of adjudicated 480
497497 violations by the applicant, the department may deny the 481
498498 application. 482
499499 28. No permit to construct or permit to operate shall 483
500500 be required pursuant to this section for any utility waste 484
501501 landfill located in a county of the third clas sification 485
502502 with a township form of government which has a population of 486
503503 at least eleven thousand inhabitants and no more than twelve 487
504504 thousand five hundred inhabitants according to the most 488
505505 recent decennial census, if such utility waste landfill 489
506506 complies with all design and operating standards and closure 490
507507 requirements applicable to utility waste landfills pursuant 491
508508 to sections 260.200 to 260.345 and provided that no waste 492
509509 disposed of at such utility waste landfill is considered 493
510510 hazardous waste pursua nt to the Missouri hazardous waste law. 494
511511 29. Advanced recycling facilities are not subject to 495
512512 the requirements of this section as long as the feedstocks 496 SB 1139 17
513513 received by such facility are source -separated or diverted 497
514514 or recovered from municipal or other waste streams prior to 498
515515 acceptance at the advanced recycling facility. 499
516516