Missouri HB 1727: Modifies provisions relating to solid waste management

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1727
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SOMMER.
5363H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 260.200 and 260.243, RSMo, and to enact in lieu thereof two new sections
relating to solid waste management.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 260.200 and 260.243, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 260.200 and 260.243, to read as follows:
260.200. 1. The following words and phrases when used in sections 260.200 to 260.345
2 shall mean:
3 (1) "Alkaline-manganese battery" or "alkaline battery", a battery having a manganese
4 dioxide positive electrode, a zinc negative electrode, an alkaline electrolyte, including
5 alkaline-manganese button cell batteries intended for use in watches, calculators, and other
6 electronic products, and larger-sized alkaline-manganese batteries in general household use;
7 (2) "Applicant", a person or persons seeking or holding a facility permit;
8 (3) "Bioreactor", a municipal solid waste disposal area or portion of a municipal solid
9 waste disposal area where the controlled addition of liquid waste or water accelerates both the
10 decomposition of waste and landfill gas generation;
11 (4) "Button cell battery" or "button cell", any small alkaline-manganese or
12 mercuric-oxide battery having the size and shape of a button;
13 (5) "City", any incorporated city, town, or village;
14 (6) "Clean fill", uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete,
15 cinderblocks, brick, minimal amounts of wood and metal, and inert solids as approved by rule
16 or policy of the department for fill, reclamation or other beneficial use;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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17 (7) "Closure", the permanent cessation of active disposal operations, abandonment of
18 the disposal area, revocation of the permit or filling with waste of all areas and volumes specified
19 in the permit and preparing the area for long-term care;
20 (8) "Closure plan", plans, designs and relevant data which specify the methods and
21 schedule by which the operator will complete or cease disposal operations, prepare the area for
22 long-term care, and make the area suitable for other uses, to achieve the purposes of sections
23 260.200 to 260.345 and the regulations promulgated thereunder;
24 (9) "Conference, conciliation and persuasion", a process of verbal or written
25 communications consisting of meetings, reports, correspondence or telephone conferences
26 between authorized representatives of the department and the alleged violator. The process shall,
27 at a minimum, consist of one offer to meet with the alleged violator tendered by the department.
28 During any such meeting, the department and the alleged violator shall negotiate in good faith
29 to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;
30 (10) "Construction and demolition waste", waste materials from the construction and
31 demolition of residential, industrial, or commercial structures, but shall not include materials
32 defined as clean fill under this section;
33 (11) "Demolition landfill", a solid waste disposal area used for the controlled disposal
34 of demolition wastes, construction materials, brush, wood wastes, soil, rock, concrete and inert
35 solids insoluble in water;
36 (12) "Department", the department of natural resources;
37 (13) "Director", the director of the department of natural resources;
38 (14) "Disclosure statement", a sworn statement or affirmation, in such form as may be
39 required by the director of the department of natural resources, which includes:
40 (a) The full names and business address of key personnel;
41 (b) The full name and business address of any entity, other than a natural person, that
42 collects, transfers, processes, treats, stores, or disposes of solid waste in which all key personnel
43 holds an equity interest of seven percent or more;
44 (c) A description of the business experience of all key personnel listed in the disclosure
45 statement;
46 (d) For the five-year period ending on the date the sworn disclosure statement or
47 affirmation is signed by key personnel:
48 a. A listing organized by issuing federal, state, or county or county-equivalent regulatory
49 body of all environmental permits or licenses for the collection, transfer, treatment, processing,
50 storage, or disposal of solid waste issued to or held by any key personnel;

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51 b. A listing and explanation of notices of violation which shall by rule be defined,
52 prosecutions, or other administrative enforcement actions resulting in an adjudication or
53 conviction;
54 c. A listing of license or permit suspensi