260.432. Hazardous waste, collection of small quantities, department to administer--fees--department may enter into contracts for collection--disposal in landfills prohibited, when.
Hazardous waste, collection of small quantities, department toadminister--fees--department may enter into contracts forcollection--disposal in landfills prohibited, when.
260.432. 1. The department of natural resources shallestablish and promote a program for the collection anddisposition of small quantities of hazardous waste from persons,firms, corporations, state departments and institutions, andpolitical subdivisions. The program shall provide for theperiodic collection of hazardous waste at points reasonablyaccessible to all parts of the state. The department may allowsmall quantity hazardous waste generators to utilize the programon a case by case basis.
2. The department shall establish maximum amounts ofhazardous waste which may be accepted without fee or charge fromany person at any one collection point. The department mayaccept additional quantities of hazardous waste; however, insuch instances a fee shall be charged in an amount up to thatwhich reflects the actual cost of collecting, handling,transporting, and treating or disposing of the additionalquantity of hazardous waste.
3. The department may contract for the collection anddisposition of hazardous waste as provided by this section withany person or firm authorized to transport, treat, recover ordispose of hazardous waste under sections 260.350 to 260.430, orthe federal Resource Conservation and Recovery Act, P.L. 94-580,as amended. The department may use appropriations and acceptfunds, gifts and services from public and private agencies,businesses or individuals for the purpose of carrying out theprovisions of this section.
4. The department shall promulgate rules and regulationsnecessary to carry out the provisions of this section. Thedepartment shall not delegate any authority to promulgate rulesand regulations to any person with whom or any firm with whichit has executed a contract for services as provided insubsection 3 of this section.
5. (1) The department shall ensure the safe collection anddisposal of small quantities of hazardous waste by the dateestablished in this section and shall ensure that such disposalis available to small quantity generators of hazardous wastethroughout the state;
(2) After January 1, 1994, small quantities of hazardouswaste which are exempt from regulation under the provisions ofsections 260.350 to 260.434, except de minimis amounts, shallnot be placed in a sanitary landfill;
(3) Any person convicted of knowingly placing smallquantities of hazardous waste in a sanitary landfill shall beguilty of an infraction.
(L. 1986 H.B. 875 & 1649 § 1, A.L. 1990 S.B. 530)