260.276. Nuisance abatement activities, department may conduct--costs, civil action authorized, exception--resource recovery or nuisance abatement bids on contract, who may bid--content--nonprofits ma
Nuisance abatement activities, department may conduct--costs, civilaction authorized, exception--resource recovery or nuisanceabatement bids on contract, who may bid--content--nonprofits maybe eligible for cleanup reimbursement, when.
260.276. 1. The department of natural resources shall, subject toappropriation, conduct resource recovery or nuisance abatement activitiesdesigned to reduce the volume of scrap tires or alleviate any nuisancecondition at any site if the owner or operator of such a site fails tocomply with the rules and regulations authorized under section 260.270, orif the site is in continued violation of such rules and regulations. Thedepartment shall give first priority to cleanup of sites owned by personswho present satisfactory evidence that such persons were not responsiblefor the creation of the nuisance conditions or any violations of section260.270 at the site.
2. The department may ask the attorney general to initiate a civilaction to recover from any persons responsible the reasonable and necessarycosts incurred by the department for its nuisance abatement activities andits legal expenses related to the abatement; except that in no case shallthe attorney general seek to recover cleanup costs from the owner of theproperty if such person presents satisfactory evidence that such person wasnot responsible for the creation of the nuisance condition or any violationof section 260.270 at the site.
3. The department shall allow any person, firm, corporation, stateagency, charitable, fraternal, or other nonprofit organization to bid on acontract for each resource recovery or nuisance abatement activityauthorized under this section. The contract shall specify the cost pertire for delivery to a registered scrap tire processing or end-userfacility, and the cost per tire for processing. The recipient orrecipients of any contract shall not be compensated by the department forthe cost of delivery and the cost of processing for each tire until suchtire is delivered to a registered scrap tire processing or end-userfacility and the contract recipient has provided proof of delivery to thedepartment.
4. Subject to the availability of funds, any charitable, fraternal,or other nonprofit organization which voluntarily cleans up land or waterresources may be eligible for reimbursement for the disposal costs of scraptires collected in the course of such cleanup under the rules andregulations of the department. Also, subject to the availability of funds,any municipal or county government which voluntarily cleans up scrap tiresfrom illegal dumps, not incidental to normal governmental activities orresulting from tire collection events, may also be eligible forreimbursement for the disposal costs of scrap tires collected in the courseof such cleanup under the rules and regulations of the department.
(L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225, A.L. 2009 H.B. 661)