260.375. Duties of department--licenses required--permits required.
Duties of department--licenses required--permits required.
260.375. The department shall:
(1) Exercise general supervision of the administration andenforcement of sections 260.350 to 260.430 and all standards, rules andregulations, orders or license and permit terms and conditions adopted orissued pursuant to sections 260.350 to 260.430;
(2) Develop and implement programs to achieve goals and objectivesset by the state hazardous waste management plan;
(3) Retain, employ, provide for and compensate, within appropriationsavailable therefor, such consultants, assistants, deputies, clerks andother employees on a full- or part-time basis as may be necessary to carryout the provisions of sections 260.350 to 260.430 and prescribe the timesat which they shall be appointed and their powers and duties;
(4) Budget and receive duly appropriated moneys for expenditures tocarry out the provisions of sections 260.350 to 260.430;
(5) Accept, receive and administer grants or other funds or giftsfrom public and private agencies including the federal government for thepurpose of carrying out any of the functions of sections 260.350 to260.430. Funds received by the department pursuant to this section shallbe deposited with the state treasurer and held and disbursed by him or herin accordance with the appropriations of the general assembly;
(6) Provide the commission all necessary support the commission mayrequire to carry out its powers and duties including, but not limited to:keeping of records of all meetings; notification, at the direction of thechairman of the commission, of the members of the commission of the time,place and purpose of each meeting by written notice; drafting, forconsideration of the commission, a state hazardous waste management planand standards, rules and regulations necessary to carry out the purposes ofsections 260.350 to 260.430; and investigation of petitions for variancesand complaints made to the commission and submission of recommendationsthereto;
(7) Collect and maintain, and require any person to collect andmaintain, such records and information of hazardous waste generation,storage, transportation, resource recovery, treatment and disposal in thisstate, including quantities and types imported and exported across theborders of this state and install, calibrate and maintain and require anyperson to install, calibrate and maintain such monitoring equipment ormethods, and make reports consistent with the purposes of sections 260.350to 260.430;
(8) Secure necessary scientific, technical, administrative andoperational services, including laboratory facilities, by contract orotherwise;
(9) Develop facts and make inspections and investigations, includinggathering of samples and performing of tests and analyses, consistent withthe purposes of sections 260.350 to 260.430, and in connection therewith,to enter or authorize any representative of the department to enter, at allreasonable times, in or upon any private or public property for any purposerequired by sections 260.350 to 260.430 or any federal hazardous wastemanagement act. Such entry may be for the purpose, without limitation, ofdeveloping or implementing standards, rules and regulations, orders orlicense or permit terms and conditions, of inspecting or investigating anyrecords required to be kept by sections 260.350 to 260.430 or any licenseor permit issued pursuant to sections 260.350 to 260.430 or any hazardouswaste management practice which the department or commission believesviolates sections 260.350 to 260.430, or any standard, rule or regulation,order or license or permit term or condition adopted or issued pursuant tosections 260.350 to 260.430, or otherwise endangers the health of humans orthe environment, or the site of any suspected violation of sections 260.350to 260.430, or any standard, rule or regulation, order, or license orpermit term or condition adopted or issued pursuant to sections 260.350 to260.430. The results of any such investigation shall be reduced to writingand shall be furnished to the owner or operator of the property. No personshall refuse entry or access requested for the purpose of inspectionpursuant to this subdivision to an authorized representative of thedepartment or commission who presents appropriate credentials, nor obstructor hamper the representative in carrying out the inspection. A suitablyrestricted search warrant, upon a showing of probable cause in writing andupon oath, shall be issued by any judge or associate circuit judge havingjurisdiction to any such representative for the purpose of enabling therepresentative to make such inspection;
(10) Require each hazardous waste generator located within this stateto file a registration report containing such information as the commissionby regulation may specify relating to types and quantities of hazardouswaste generated and methods of hazardous waste management, and to meet allother requirements placed upon hazardous waste generators by sections260.350 to 260.430 and the standards, rules and regulations and ordersadopted or issued pursuant to sections 260.350 to 260.430;
(11) Require each hazardous waste transporter operating in this stateto obtain a license and to meet all applicable requirements of sections260.350 to 260.430 and section 226.008, RSMo, and the standards, rules andregulations, orders and license terms and conditions adopted or issuedpursuant to sections 260.350 to 260.430 and section 226.008, RSMo;
(12) Require each hazardous waste facility owner and operator toobtain a permit for each such facility and to meet all applicablerequirements of sections 260.350 to 260.430 and the standards, rules andregulations, orders and permit terms and conditions adopted or issuedpursuant to sections 260.350 to 260.430;
(13) Issue, continue in effect, revoke, modify or deny in accordancewith the standards, rules and regulations, and hazardous waste facilitypermits;
(14) Encourage voluntary cooperation by persons or affected groups toachieve the purposes of sections 260.350 to 260.430;
(15) Enter such order or determination as may be necessary toeffectuate the provisions of sections 260.350 to 260.430 and the standards,rules and regulations, and license and permit terms and conditions adoptedor issued pursuant to sections 260.350 to 260.430;
(16) Enter such order or cause to be instituted in a court ofcompetent jurisdiction such legal proceedings as may be necessary in asituation of imminent hazard, as prescribed in section 260.420;
(17) Settle or compromise as it may deem advantageous to the state,with the approval of the commission, any suit undertaken by the commissionfor recovery of any penalty or for compelling compliance with any provisionof sections 260.350 to 260.430 or any standard, rule or regulation, order,or license or permit term or condition adopted or issued pursuant tosections 260.350 to 260.430;
(18) Advise, consult and cooperate with other agencies of the state,the federal government, other states and interstate agencies and withaffected groups, political subdivisions and industries in furtherance ofthe purposes of sections 260.350 to 260.430 and, upon request, consult withpersons subject to sections 260.350 to 260.430 on the proper measuresnecessary to comply with the requirements of sections 260.350 to 260.430and rules and regulations adopted pursuant to sections 260.350 to 260.430;
(19) Encourage, coordinate, participate in or conduct studies,investigations, research and demonstrations relating to hazardous wastemanagement as it may deem advisable and necessary for the discharge of itsduties pursuant to sections 260.350 to 260.430;
(20) Represent the state of Missouri in all matters pertaining tointerstate hazardous waste management including the negotiation ofinterstate compacts or agreements;
(21) Arrange for the establishment, staffing, operation andmaintenance of collection stations, within appropriations or other fundingavailable therefor, for householders, farmers and other exempted persons asprovided in section 260.380;
(22) Collect and disseminate information relating to hazardous wastemanagement;
(23) Conduct education and training programs on hazardous wasteproblems and management;
(24) Encourage and facilitate public participation in thedevelopment, revision and implementation of the state hazardous wasteprogram;
(25) Encourage waste reduction, resource recovery, exchange andenergy conservation in hazardous waste management;
(26) Exercise all powers necessary to carry out the provisions ofsections 260.350 to 260.430, assure that the state of Missouri complieswith any federal hazardous waste management act and retains maximum controlthereunder, and receives all desired federal grants, aid and otherbenefits;
(27) Present to the public, at a public meeting, and to the governorand the members of the general assembly, an annual report on the status ofthe state hazardous waste program;
(28) Develop comprehensive plans and programs to aid in theestablishment of hazardous waste disposal sites as needed within thevarious geographical areas of the state within a reasonable period of time;
(29) Control, abate or clean up any hazardous waste placed into or onthe land in a manner which endangers or is reasonably likely to endangerthe health of humans or the environment and, in aid thereof, may cause tobe filed by the attorney general or a prosecuting attorney, a suit seekingmandatory or prohibitory injunctive relief or such other relief as may beappropriate. The department shall also take such action as is necessary torecover all costs associated with the cleanup of any hazardous waste fromthe person responsible for the waste. All money received shall bedeposited in the hazardous waste fund created in section 260.391;
(30) Oversee any corrective action work undertaken pursuant tosections 260.350 to 260.430 and rules promulgated pursuant to sections260.350 to 260.430 to investigate, monitor, or clean up releases ofhazardous waste or hazardous constituents to the environment at hazardouswaste facilities. The department shall review the technical and regulatoryaspects of corrective action plans, reports, documents, and associatedfield activities, and attest to their accuracy and adequacy. Owners oroperators of hazardous waste facilities performing corrective actions shallpay to the department all reasonable costs, as determined by thecommission, incurred by the department pursuant to this subdivision. Allsuch funds remitted by owners or operators of hazardous waste facilitiesperforming corrective actions shall be deposited in the hazardous wastefund created in section 260.391.
(L. 1977 H.B. 318 § 6, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 2000 S.B. 577, A.L. 2004 S.B. 1040, A.L. 2005 S.B. 225)