260.360. Definitions.
Definitions.
260.360. When used in sections 260.350 to 260.430 and in standards,rules and regulations adopted pursuant to sections 260.350 to 260.430, thefollowing words and phrases mean:
(1) "Cleanup", all actions necessary to contain, collect, control,treat, disburse, remove or dispose of a hazardous waste;
(2) "Commission", the hazardous waste management commission of thestate of Missouri created by sections 260.350 to 260.430;
(3) "Conference, conciliation and persuasion", a process of verbal orwritten communications consisting of meetings, reports, correspondence ortelephone conferences between authorized representatives of the departmentand the alleged violator. The process shall, at a minimum, consist of oneoffer to meet with the alleged violator tendered by the department. Duringany such meeting, the department and the alleged violator shall negotiatein good faith to eliminate the alleged violation and shall attempt to agreeupon a plan to achieve compliance;
(4) "Department", the Missouri department of natural resources;
(5) "Detonation", an explosion in which chemical transformationpasses through the material faster than the speed of sound, which is 0.33kilometers per second at sea level;
(6) "Director", the director of the Missouri department of naturalresources;
(7) "Disposal", the discharge, deposit, injection, dumping, spilling,leaking, or placing of any waste into or on any land or water so that suchwaste, or any constituent thereof, may enter the environment or be emittedinto the air or be discharged into the waters, including groundwaters;
(8) "Final disposition", the location, time and method by whichhazardous waste loses its identity or enters the environment, including,but not limited to, disposal, resource recovery and treatment;
(9) "Generation", the act or process of producing waste;
(10) "Generator", any person who produces waste;
(11) "Hazardous waste", any waste or combination of wastes, asdetermined by the commission by rules and regulations, which, because ofits quantity, concentration, or physical, chemical or infectiouscharacteristics, may cause or significantly contribute to an increase inmortality or an increase in serious irreversible, or incapacitatingreversible, illness, or pose a present or potential threat to the health ofhumans or the environment;
(12) "Hazardous waste facility", any property that is intended orused for hazardous waste management including, but not limited to, storage,treatment and disposal sites;
(13) "Hazardous waste management", the systematic recognition andcontrol of hazardous waste from generation to final disposition including,but not limited to, its identification, containerization, labeling,storage, collection, transfer or transportation, treatment, resourcerecovery or disposal;
(14) "Infectious waste", waste in quantities and characteristics asdetermined by the department by rule and regulation, including thefollowing wastes known or suspected to be infectious: isolation wastes,cultures and stocks of etiologic agents, contaminated blood and bloodproducts, other contaminated surgical wastes, wastes from autopsy,contaminated laboratory wastes, sharps, dialysis unit wastes, discardedbiologicals and antineoplastic chemotherapeutic materials; provided,however, that infectious waste does not mean waste treated to departmentspecifications;
(15) "Manifest", a department form accompanying hazardous waste frompoint of generation, through transport, to final disposition;
(16) "Minor violation", a violation which possesses a small potentialto harm the environment or human health or cause pollution, was notknowingly committed, and is not defined by the United States EnvironmentalProtection Agency as other than minor;
(17) "Person", an individual, partnership, copartnership, firm,company, public or private corporation, association, joint stock company,trust, estate, political subdivision or any agency, board, department orbureau of the state or federal government or any other legal entitywhatever which is recognized by law as the subject of rights and duties;
(18) "Plasma arc technology", a process that converts electricalenergy into thermal energy. The plasma arc is created when a voltage isestablished between two points;
(19) "Resource recovery", the reclamation of energy or materials fromwaste, its reuse or its transformation into new products which are notwastes;
(20) "Storage", the containment or holding of waste at a designatedlocation in such manner or for such a period of time, as determined inregulations adopted hereunder, so as not to constitute disposal of suchwaste;
(21) "Treatment", the processing of waste to remove or reduce itsharmful properties or to contribute to more efficient or less costlymanagement or to enhance its potential for resource recovery including, butnot limited to, existing or future procedures for biodegradation,concentration, reduction in volume, detoxification, fixation, incineration,plasma arc technology, or neutralization;
(22) "Waste", any material for which no use or sale is intended andwhich will be discarded or any material which has been or is beingdiscarded. Waste shall also include certain residual materials, to bespecified by the rules and regulations, which may be sold for purposes ofenergy or materials reclamation, reuse or transformation into new productswhich are not wastes;
(23) "Waste explosives", any waste which has the potential todetonate, or any bulk military propellant which cannot be safely disposedof through other modes of treatment.
(L. 1977 H.B. 318 § 3, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1985 S.B. 110, A.L. 1986 H.B. 875 & 1649, A.L. 1987 H.B. 375, A.L. 1993 S.B. 80, et al., A.L. 2007 S.B. 54)Effective 1-01-08