260.330. Landfill fee, amount--solid waste management fund, created, purpose--department to enforce--transfer station, fee charged--free disposal day, notice.
Landfill fee, amount--solid waste management fund, created,purpose--department to enforce--transfer station, feecharged--free disposal day, notice.
260.330. 1. Except as otherwise provided in subsection 6 of thissection, effective October 1, 1990, each operator of a solid waste sanitarylandfill shall collect a charge equal to one dollar and fifty cents per tonor its volumetric equivalent of solid waste accepted and each operator ofthe solid waste demolition landfill shall collect a charge equal to onedollar per ton or its volumetric equivalent of solid waste accepted. Eachoperator shall submit the charge, less collection costs, to the departmentof natural resources for deposit in the "Solid Waste Management Fund" whichis hereby created. On October 1, 1992, and thereafter, the charge imposedherein shall be adjusted annually by the same percentage as the increase inthe general price level as measured by the Consumer Price Index for AllUrban Consumers for the United States, or its successor index, as definedand officially recorded by the United States Department of Labor or itssuccessor agency. No annual adjustment shall be made to the charge imposedunder this subsection during October 1, 2005, to October 1, 2014, except anadjustment amount consistent with the need to fund the operating costs ofthe department and taking into account any annual percentage increase inthe total of the volumetric equivalent of solid waste accepted in the prioryear at solid waste sanitary landfills and demolition landfills and solidwaste to be transported out of this state for disposal that is accepted attransfer stations. No annual increase during October 1, 2005, to October1, 2014, shall exceed the percentage increase measured by the ConsumerPrice Index for All Urban Consumers for the United States, or its successorindex, as defined and officially recorded by the United States Departmentof Labor or its successor agency and calculated on the percentage ofrevenues dedicated under subdivision (1) of subsection 2 of section260.335. Any such annual adjustment shall only be made at the discretionof the director, subject to appropriations. Collection costs shall beestablished by the department and shall not exceed two percent of theamount collected pursuant to this section.
2. The department shall, by rule and regulation, provide for themethod and manner of collection.
3. The charges established in this section shall be enumeratedseparately from the disposal fee charged by the landfill and may be passedthrough to persons who generated the solid waste. Moneys shall betransmitted to the department shall be no less than the amount collectedless collection costs and in a form, manner and frequency as the departmentshall prescribe. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, moneys in the account shall not lapse to general revenueat the end of each biennium. Failure to collect the charge does notrelieve the operator from responsibility for transmitting an amount equalto the charge to the department.
4. The department may examine or audit financial records and landfillactivity records and measure landfill usage to verify the collection andtransmittal of the charges established in this section. The department maypromulgate by rule and regulation procedures to ensure and to verify thatthe charges imposed herein are properly collected and transmitted to thedepartment.
5. Effective October 1, 1990, any person who operates a transferstation in Missouri shall transmit a fee to the department for deposit inthe solid waste management fund which is equal to one dollar and fiftycents per ton or its volumetric equivalent of solid waste accepted. Suchfee shall be applicable to all solid waste to be transported out of thestate for disposal. On October 1, 1992, and thereafter, the charge imposedherein shall be adjusted annually by the same percentage as the increase inthe general price level as measured by the Consumer Price Index for AllUrban Consumers for the United States, or its successor index, as definedand officially recorded by the United States Department of Labor or itssuccessor agency. No annual adjustment shall be made to the charge imposedunder this subsection during October 1, 2005, to October 1, 2014, except anadjustment amount consistent with the need to fund the operating costs ofthe department and taking into account any annual percentage increase inthe total of the volumetric equivalent of solid waste accepted in the prioryear at solid waste sanitary landfills and demolition landfills and solidwaste to be transported out of this state for disposal that is accepted attransfer stations. No annual increase during October 1, 2005, to October1, 2014, shall exceed the percentage increase measured by the ConsumerPrice Index for All Urban Consumers for the United States, or its successorindex, as defined and officially recorded by the United States Departmentof Labor or its successor agency and calculated on the percentage ofrevenues dedicated under subdivision (1) of subsection 2 of section260.335. Any such annual adjustment shall only be made at the discretionof the director, subject to appropriations. The department shall prescriberules and regulations governing the transmittal of fees and verification ofwaste volumes transported out of state from transfer stations. Collectioncosts shall also be established by the department and shall not exceed twopercent of the amount collected pursuant to this subsection. A transferstation with the sole function of separating materials for recycling orresource recovery activities shall not be subject to the fee imposed inthis subsection.
6. Each political subdivision which owns an operational solid wastedisposal area may designate, pursuant to this section, up to two freedisposal days during each calendar year. On any such free disposal day,the political subdivision shall allow residents of the politicalsubdivision to dispose of any solid waste which may be lawfully disposed ofat such solid waste disposal area free of any charge, and such waste shallnot be subject to any state fee pursuant to this section. Notice of anyfree disposal day shall be posted at the solid waste disposal area site andin at least one newspaper of general circulation in the politicalsubdivision no later than fourteen days prior to the free disposal day.
(L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L. 1999 H.B. 603, et al., A.L. 2005 S.B. 225, A.L. 2007 S.B. 54)Effective 1-01-08