260.380. Duties of hazardous waste generators--fees to be collected, disposition--exemptions.
Duties of hazardous waste generators--fees to be collected,disposition--exemptions.
260.380. 1. After six months from the effective date of the standards,rules and regulations adopted by the commission pursuant to section 260.370,hazardous waste generators located in Missouri shall:
(1) Promptly file and maintain with the department, on registrationforms it provides for this purpose, information on hazardous waste generationand management as specified by rules and regulations. Hazardous wastegenerators shall pay a one hundred dollar registration fee upon initialregistration, and a one hundred dollar registration renewal fee annuallythereafter to maintain an active registration. Such fees shall be depositedin the hazardous waste fund created in section 260.391;
(2) Containerize and label all hazardous wastes as specified bystandards, rules and regulations;
(3) Segregate all hazardous wastes from all nonhazardous wastes and fromnoncompatible wastes, materials and other potential hazards as specified bystandards, rules and regulations;
(4) Provide safe storage and handling, including spill protection, asspecified by standards, rules and regulations, for all hazardous wastes fromthe time of their generation to the time of their removal from the site ofgeneration;
(5) Unless provided otherwise in the rules and regulations, utilize onlya hazardous waste transporter holding a license pursuant to sections 260.350to 260.430 for the removal of all hazardous wastes from the premises wherethey were generated;
(6) Unless provided otherwise in the rules and regulations, provide aseparate manifest to the transporter for each load of hazardous wastetransported from the premises where it was generated. The generator shallspecify the destination of such load on the manifest. The manner in which themanifest shall be completed, signed and filed with the department shall be inaccordance with rules and regulations;
(7) Utilize for treatment, resource recovery, disposal or storage of allhazardous wastes, only a hazardous waste facility authorized to operatepursuant to sections 260.350 to 260.430 or the federal Resource Conservationand Recovery Act, or a state hazardous waste management program authorizedpursuant to the federal Resource Conservation and Recovery Act, or anyfacility exempted from the permit required pursuant to section 260.395;
(8) Collect and maintain such records, perform such monitoring oranalyses, and submit such reports on any hazardous waste generated, itstransportation and final disposition, as specified in sections 260.350 to260.430 and rules and regulations adopted pursuant to sections 260.350 to260.430;
(9) Make available to the department upon request samples of waste andall records relating to hazardous waste generation and management forinspection and copying and allow the department to make unhampered inspectionsat any reasonable time of hazardous waste generation and management facilitieslocated on the generator's property and hazardous waste generation andmanagement practices carried out on the generator's property;
(10) Pay annually, on or before January first of each year, effectiveJanuary 1, 1982, a fee to the state of Missouri to be placed in the hazardouswaste fund. The fee shall be five dollars per ton or portion thereof ofhazardous waste registered with the department as specified in subdivision (1)of this subsection for the twelve-month period ending June thirtieth of theprevious year. However, the fee shall not exceed fifty-two thousand dollarsper generator site per year nor be less than one hundred fifty dollars pergenerator site per year;
(a) All moneys payable pursuant to the provisions of this subdivisionshall be promptly transmitted to the department of revenue, which shalldeposit the same in the state treasury to the credit of the hazardous wastefund created in section 260.391;
(b) The hazardous waste management commission shall establish and submitto the department of revenue procedures relating to the collection of the feesauthorized by this subdivision. Such procedures shall include, but not belimited to, necessary records identifying the quantities of hazardous wasteregistered, the form and submission of reports to accompany the payment offees, the time and manner of payment of fees, which shall not be more oftenthan quarterly.
2. Missouri treatment, storage, or disposal facilities shall payannually, on or before January first of each year, a fee to the departmentequal to two dollars per ton or portion thereof for all hazardous wastereceived from outside the state. This fee shall be based on the hazardouswaste received for the twelve-month period ending June thirtieth of theprevious year.
3. Exempted from the requirements of this section are individualhouseholders and farmers who generate only small quantities of hazardous wasteand any person the commission determines generates only small quantities ofhazardous waste on an infrequent basis, except that:
(1) Householders, farmers and exempted persons shall manage allhazardous wastes they may generate in a manner so as not to adversely affectthe health of humans, or pose a threat to the environment, or create a publicnuisance; and
(2) The department may determine that a specific quantity of a specifichazardous waste requires special management. Upon such determination andafter public notice by press release or advertisement thereof, includinginstructions for handling and delivery, generators exempted pursuant to thissubsection shall deliver, but without a manifest or the requirement to use alicensed hazardous waste transporter, such waste to:
(a) Any storage, treatment or disposal site authorized to operatepursuant to sections 260.350 to 260.430 or the federal Resource Conservationand Recovery Act, or a state hazardous waste management program authorizedpursuant to the federal Resource Conservation and Recovery Act which thedepartment designates for this purpose; or
(b) A collection station or vehicle which the department may arrange forand designate for this purpose.
4. Failure to pay the fee, or any portion thereof, prescribed in thissection by the due date shall result in the imposition of a penalty equal tofifteen percent of the original fee. The fee prescribed in this section shallexpire December 31, 2011, except that the department shall levy and collectthis fee for any hazardous waste generated prior to such date and reported tothe department.
(L. 1977 H.B. 318 § 7, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1985 S.B. 110, A.L. 2000 S.B. 577, A.L. 2004 S.B. 1040, A.L. 2005 S.B. 225)