260.420. Imminent hazard, action to be taken.
Imminent hazard, action to be taken.
260.420. 1. From September 28, 1977, and notwithstanding any otherprovision of sections 260.350 to 260.430 or any other law to the contrary,upon receipt of information that any activity subject to sections 260.350to 260.430 may present an imminent hazard, by placing or allowing escape ofany hazardous waste into the environment or exposure of people to suchwaste which may be cause of death, disabling personal injury, serious acuteor chronic disease, or serious environmental harm, the department directoror the commission may take action necessary to protect the health of humansand the environment from such hazard. The action the department director,commission or the designee of the commission may take includes, but is notlimited to:
(1) Issuing an order directing the hazardous waste generator,transporter, facility operator or any other person who is the custodian orhas control of the waste, which constitutes such hazard, to eliminate suchhazard. Such action may include, with respect to a site or facility,permanent or temporary cessation of operation;
(2) Issuing an order directing a permitted commercial hazardous wastefacility to treat, store or dispose of any waste cleaned up in accordancewith this section;
(3) Acquiring by purchase, donation, agreement or condemnation anylands, or rights in lands, sites, objects, or facilities necessary toprotect the health of humans and the environment in accordance withsections 260.350 to 260.550 only after it is proven cost effective and allother options have been exhausted by the commission. In the event anyproperty is condemned, then the procedures and assessment of damages shallbe in accordance with chapter 523, RSMo;
(4) Selling or leasing any property that has been cleaned up inaccordance with sections 260.350 to 260.550 so as to no longer constitute athreat to the health of people or to the environment. The proceeds of suchsales or leases shall be deposited in the hazardous waste fund created insection 260.391; and
(5) Causing to be filed by the attorney general or a prosecutingattorney in the name of the people of the state of Missouri suit for atemporary restraining order, temporary injunction or permanent injunctionwhich action shall be given precedence over all other matters pending inthe circuit courts.
2. In any civil action brought pursuant to this section in which atemporary restraining order or temporary injunction is sought, there mustbe allegations of the types of injury or harm specified in these imminenthazard provisions; it shall be necessary to allege and prove at theproceeding that irreparable damage will occur and that the remedy at law isinadequate, and the temporary restraining order or temporary injunctionshall not issue without such allegations and without such proof.
3. This section shall not apply to any alleged imminent hazard thatis covered by the federal Occupational Safety and Health Act, so long asthe hazardous waste is contained on the site so covered. This subsectionshall not prevent the department from taking action necessary to preventescape of the hazardous waste from such site.
(L. 1977 H.B. 318 § 15, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1983 H.B. 528, A.L. 2005 S.B. 225)