260.365. Hazardous waste management commission created--composition, qualifications--compensation--terms--meetings, notice required, quorum.
Hazardous waste management commission created--composition,qualifications--compensation--terms--meetings, notice required,quorum.
260.365. 1. There is hereby created a hazardous wastemanagement agency to be known as the "Hazardous Waste ManagementCommission of the State of Missouri", whose domicile for thepurpose of sections 260.350 to 260.430 shall be deemed to be thatof the department of natural resources of the state of Missouri.The commission shall consist of seven members appointed by thegovernor with the advice and consent of the senate. No more thanfour members shall belong to the same political party. Allmembers shall be representative of the general interest of thepublic and shall have an interest in and knowledge of wastemanagement and the effects of improper waste management on healthand the environment and shall serve in a manner consistent withthe purposes of sections 260.350 to 260.430. Three of themembers, but no more than three, one for each interest, shall beknowledgeable of and may be employed in agriculture, the wastegenerating industry and the waste management industry. Exceptfor the industry members, no member shall receive, or havereceived during the previous two years, a significant portion ofincome directly or indirectly from any license or permit holderor applicant for license or permit under any waste managementact. At the first meeting of the commission and annuallythereafter, the members shall select from among themselves achairman and a vice chairman. Prior to any vote on any variance,appeal or order, they shall adopt a voting rule to exclude fromsuch vote any member with a conflict of interest with respect tothe matter at issue.
2. The members' terms of office shall be four years anduntil their successors are selected and qualified, except that,of those first appointed, three shall have a term of three years,two shall have a term of two years and two shall have a term ofone year as designated by the governor at the time ofappointment. There is no limitation on the number of terms anyappointed member may serve. If a vacancy occurs the governor mayappoint a member for the remaining portion of the unexpired termcreated by the vacancy. The governor may remove any appointedmember for cause. The members of the commission shall bereimbursed for actual and necessary expenses incurred in theperformance of their duties, and shall receive fifty dollars perday for each day spent in the performance of their officialduties while in attendance at regular commission meetings.
3. The commission shall hold at least four regular meetingseach year and such additional meetings as the chairman deemsdesirable at a place and time to be fixed by the chairman.Special meetings may be called by three members of the commissionupon delivery of written notice to each member of the commission.Reasonable written notice of all meetings shall be given by thedepartment to all members of the commission. Four members of thecommission shall constitute a quorum. All powers and dutiesconferred upon members of the commission shall be exercisedpersonally by the members and not by alternates orrepresentatives. All actions of the commission shall be taken atmeetings open to the public. Any member absent from fourconsecutive regular commission meetings for any cause whatsoevershall be deemed to have resigned and the vacancy shall be filledimmediately in accordance with this section.
(L. 1977 H.B. 318 § 4, A.L. 1980 2d Ex. Sess. H.B. 5, et al.)Effective 10-31-80
CROSS REFERENCE:
Fee for transportation of hazardous waste, used oil, or infectious waste, amount to be established by Missouri hazardous waste management commission, RSMo 226.008