EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1139
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
4448S.01I KRISTINA MARTIN, Secretary
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Section A. Section 260.205, RSMo, is repealed and one new 1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 solid 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 t o 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 section 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 significantly 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 SB 1139 2
Missouri clean water commission even though the facility may 19
receive solid or semisolid waste materials. 20
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 department 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 SB 1139 3
Broadcast notification shall include public service 51
announcements on radio stations that have broadcast coverage 52
within the county in which the proposed disposal area is to 53
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 session 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 notic e 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 re spond 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 SB 1139 4
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
(b) The applicant notifies the de partment 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 on 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 p ublic 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 de tailed 106
surface and subsurface geologic and hydrologic investigation 107
and has obtained geologic 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 SB 1139 5
5. (1) Every person desiring to construct a so lid 115
waste processing facility or solid waste disposal area shall 116
make application for a permit on forms provided for this 117
purpose by the department. Every applicant shall submit 118
evidence of financial responsibility with the application. 119
Any applicant who relies in part upon a parent corporation 120
for this demonstration shall also submit evidence 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 solid 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 instrument 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 SB 1139 6
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
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 de termine 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 solid 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 County 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 SB 1139 7
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
(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 department 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 coll ect 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 a nd regulations adopted pursuant to 206
sections 260.200 to 260.345, the department shall approve 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 applicat ion 210 SB 1139 8
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 t o the applicant stating the 215
reason for denial of a permit. 216
6. Plans, designs, and relevant 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 professi onal engineer licensed by the state of 220
Missouri for approval prior to the construction, alteration 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 management 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 s ubmit 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 the 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 SB 1139 9
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 b y signature 246
or signatures thereon. The department shall provide the 247
owner with copies of all communication with the operator, 248
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 designed to serve a 252
city with a population of greater than four hundred thousand 253
located in more than one county, if the site is located 254
within [one-half] one mile of an adjoining municipality, 255
without the approval of the governing body of such 256
municipality. The governing body shall conduct a public 257
hearing within fifteen days of notice, the governing body 258
shall publicize the hearing in at least one newspaper having 259
general circulation in the munici pality, and shall vote to 260
approve or disapprove the land disposal facility within 261
thirty days after the close of the hearing. 262
10. (1) Upon receipt of an application for a permit 263
to construct a solid waste processing facility or disposal 264
area, the department shall notify the public of such receipt: 265
(a) By legal notice published in a newspaper of 266
general circulation in the area of the proposed disposal 267
area or processing facility; 268
(b) By certified mail to the governing body of the 269
county or city in which the proposed disposal area or 270
processing facility is to be located; and 271
(c) By mail to the last known address of all record 272
owners of contiguous real property or real property located 273
within one thousand feet of the proposed disposal area and, 274 SB 1139 10
for a proposed processing facility, notice as provided in 275
section 64.875 or section 89.060, whichever is applicable. 276
(2) If an application for a construction permit meets 277
all statutory and regulatory requirements for issuance, a 278
public hearing on the draft permit shall be held by the 279
department in the county in which the proposed solid waste 280
disposal area is to be located prior to the issuance of the 281
permit. The department shall provide public notice of such 282
hearing by both printed and broadcast media at least thirty 283
days prior to such hearing. Printed notification shall 284
include publication in at least one newspaper having general 285
circulation within the county in which the proposed disposal 286
area is to be located. Broadcast notification shall include 287
public service announcements on radio stations that have 288
broadcast coverage within the county in which the proposed 289
disposal area is to be located. 290
11. After the issuance of a construction permit for a 291
solid waste disposal area, but prior to the beginning of 292
disposal operations, the owner and the department shall 293
execute an easement to allow the department, its agents or 294
its contractors to enter the premises to complete work 295
specified in the closure plan, or to monitor or maintain the 296
site or to take remedial action during the postclosure 297
period. After issuance of a construction permit for a solid 298
waste disposal area, but prior to the beginning of disposal 299
operations, the owner shall submit evidence that suc h owner 300
has recorded, in the office of the recorder of deeds in the 301
county where the disposal area is located, a notice and 302
covenant running with the land that the property has been 303
permitted as a solid waste disposal area and prohibits use 304
of the land in any manner which interferes with the closure 305 SB 1139 11
and, where appropriate, postclosure plans filed with the 306
department. 307
12. Every person desiring to obtain a permit to 308
operate a solid waste disposal area or processing facility 309
shall submit applica ble information and apply for an 310
operating permit from the department. The department shall 311
review the information and determine, within sixty days of 312
receipt, whether it complies with the provisions of sections 313
260.200 to 260.345 and the rules and re gulations adopted 314
pursuant to sections 260.200 to 260.345. When the review 315
reveals that the facility or area does conform with the 316
provisions of sections 260.200 to 260.345 and the rules and 317
regulations adopted pursuant to sections 260.200 to 260.345, 318
the department shall issue a permit for the operation of 319
each solid waste processing facility or solid waste disposal 320
area and with any permit terms and conditions which the 321
department deems appropriate. In the event that the 322
facility or area fails to meet the rules and regulations 323
adopted pursuant to sections 260.200 to 260.345, the 324
department shall issue a report to the applicant stating the 325
reason for denial of a permit. 326
13. Each solid waste disposal area, except utility 327
waste landfills unless otherwise and to the extent required 328
by the department, and those solid waste processing 329
facilities designated by rule, shall be operated under the 330
direction of a certified solid waste technician in 331
accordance with sections 260.200 to 260.345 an d the rules 332
and regulations promulgated pursuant to sections 260.200 to 333
260.345. 334
14. Base data for the quality and quantity of 335
groundwater in the solid waste disposal area shall be 336
collected and submitted to the department prior to the 337 SB 1139 12
operation of a new or expansion of an existing solid waste 338
disposal area. Base data shall include a chemical analysis 339
of groundwater drawn from the proposed solid waste disposal 340
area. 341
15. Leachate collection and removal systems shall be 342
incorporated into new or expanded sanitary landfills which 343
are permitted after August 13, 1986. The department shall 344
assess the need for a leachate collection system for all 345
types of solid waste disposal areas, other than sanitary 346
landfills, and the need for monitorin g wells when it 347
evaluates the application for all new or expanded solid 348
waste disposal areas. The department may require an 349
operator of a solid waste disposal area to install a 350
leachate collection system before the beginning of disposal 351
operations, at any time during disposal operations for 352
unfilled portions of the area, or for any portion of the 353
disposal area as a part of a remedial plan. The department 354
may require the operator to install monitoring wells before 355
the beginning of disposal operati ons or at any time during 356
the operational life or postclosure care period if it 357
concludes that conditions at the area warrant such 358
monitoring. The operator of a demolition landfill or 359
utility waste landfill shall not be required to install a 360
leachate collection and removal system or monitoring wells 361
unless otherwise and to the extent the department so 362
requires based on hazardous waste characteristic criteria or 363
site specific geohydrological characteristics or conditions. 364
16. Permits granted by the department, as provided in 365
sections 260.200 to 260.345, shall be subject to suspension 366
for a designated period of time, civil penalty or revocation 367
whenever the department determines that the solid waste 368
processing facility or solid waste disposa l area is, or has 369 SB 1139 13
been, operated in violation of sections 260.200 to 260.345 370
or the rules or regulations adopted pursuant to sections 371
260.200 to 260.345, or has been operated in violation of any 372
permit terms and conditions, or is creating a public 373
nuisance, health hazard, or environmental pollution. In the 374
event a permit is suspended or revoked, the person named in 375
the permit shall be fully informed as to the reasons for 376
such action. 377
17. Each permit for operation of a facility or area 378
shall be issued only to the person named in the 379
application. Permits are transferable as a modification to 380
the permit. An application to transfer ownership shall 381
identify the proposed permittee. A disclosure statement for 382
the proposed permittee listing vi olations contained in the 383
definition of disclosure statement found in section 260.200 384
shall be submitted to the department. The operation and 385
design plans for the facility or area shall be updated to 386
provide compliance with the currently applicable la w and 387
rules. A financial assurance instrument in such an amount 388
and form as prescribed by the department shall be provided 389
for solid waste disposal areas by the proposed permittee 390
prior to transfer of the permit. The financial assurance 391
instrument of the original permittee shall not be released 392
until the new permittee's financial assurance instrument has 393
been approved by the department and the transfer of 394
ownership is complete. 395
18. Those solid waste disposal areas permitted on 396
January 1, 1996, shall, upon submission of a request for 397
permit modification, be granted a solid waste management 398
area operating permit if the request meets reasonable 399
requirements set out by the department. 400 SB 1139 14
19. In case a permit required pursuant to this secti on 401
is denied or revoked, the person may request a hearing in 402
accordance with section 260.235. 403
20. Every applicant for a permit shall file a 404
disclosure statement with the information required by and on 405
a form developed by the department of natural resources at 406
the same time the application for a permit is filed with the 407
department. 408
21. Upon request of the director of the department of 409
natural resources, the applicant for a permit, any person 410
that could reasonably be expected to be involve d in 411
management activities of the solid waste disposal area or 412
solid waste processing facility, or any person who has a 413
controlling interest in any permittee shall be required to 414
submit to a criminal background check under section 43.543. 415
22. All persons required to file a disclosure 416
statement shall provide any assistance or information 417
requested by the director or by the Missouri state highway 418
patrol and shall cooperate in any inquiry or investigation 419
conducted by the department and any inqui ry, investigation 420
or hearing conducted by the director. If, upon issuance of 421
a formal request to answer any inquiry or produce 422
information, evidence or testimony, any person required to 423
file a disclosure statement refuses to comply, the 424
application of an applicant or the permit of a permittee may 425
be denied or revoked by the director. 426
23. If any of the information required to be included 427
in the disclosure statement changes, or if any additional 428
information should be added after the filing of t he 429
statement, the person required to file it shall provide that 430
information to the director in writing, within thirty days 431
after the change or addition. The failure to provide such 432 SB 1139 15
information within thirty days may constitute the basis for 433
the revocation of or denial of an application for any permit 434
issued or applied for in accordance with this section, but 435
only if, prior to any such denial or revocation, the 436
director notifies the applicant or permittee of the 437
director's intention to do so and gi ves the applicant or 438
permittee fourteen days from the date of the notice to 439
explain why the information was not provided within the 440
required thirty-day period. The director shall consider 441
this information when determining whether to revoke, deny or 442
conditionally grant the permit. 443
24. No person shall be required to submit the 444
disclosure statement required by this section if the person 445
is a corporation or an officer, director or shareholder of 446
that corporation or any subsidiary thereof, and tha t 447
corporation: 448
(1) Has on file and in effect with the federal 449
Securities and Exchange Commission a registration statement 450
required under Section 5, Chapter 38, Title 1 of the 451
Securities Act of 1933, as amended, 15 U.S.C. Section 77e(c); 452
(2) Submits to the director with the application for a 453
permit evidence of the registration described in subdivision 454
(1) of this subsection and a copy of the corporation's most 455
recent annual form 10 -K or an equivalent report; and 456
(3) Submits to the director on the anniversary date of 457
the issuance of any permit it holds under the Missouri solid 458
waste management law evidence of registration described in 459
subdivision (1) of this subsection and a copy of the 460
corporation's most recent annual form 10 -K or an equivalent 461
report. 462
25. After permit issuance, each facility shall 463
annually file an update to the disclosure statement with the 464 SB 1139 16
department of natural resources on or before March thirty - 465
first of each year. Failure to provide such update may 466
result in penalties as provided for under section 260.240. 467
26. Any county, district, municipality, authority, or 468
other political subdivision of this state which owns and 469
operates a sanitary landfill shall be exempt from the 470
requirement for the fil ing of the disclosure statement and 471
annual update to the disclosure statement. 472
27. Any person seeking a permit to operate a solid 473
waste disposal area, a solid waste processing facility, or a 474
resource recovery facility shall, concurrently with the 475
filing of the application for a permit, disclose any 476
convictions in this state, county or county -equivalent 477
public health or land use ordinances related to the 478
management of solid waste. If the department finds that 479
there has been a continuing patter n of adjudicated 480
violations by the applicant, the department may deny the 481
application. 482
28. No permit to construct or permit to operate shall 483
be required pursuant to this section for any utility waste 484
landfill located in a county of the third clas sification 485
with a township form of government which has a population of 486
at least eleven thousand inhabitants and no more than twelve 487
thousand five hundred inhabitants according to the most 488
recent decennial census, if such utility waste landfill 489
complies with all design and operating standards and closure 490
requirements applicable to utility waste landfills pursuant 491
to sections 260.200 to 260.345 and provided that no waste 492
disposed of at such utility waste landfill is considered 493
hazardous waste pursua nt to the Missouri hazardous waste law. 494
29. Advanced recycling facilities are not subject to 495
the requirements of this section as long as the feedstocks 496 SB 1139 17
received by such facility are source -separated or diverted 497
or recovered from municipal or other waste streams prior to 498
acceptance at the advanced recycling facility. 499