260.475. Fees to be paid by hazardous waste generators--exceptions--deposit of moneys--violations, penalty--deposit--fee requirement, expiration.
Fees to be paid by hazardous waste generators--exceptions--depositof moneys--violations, penalty--deposit--fee requirement,expiration.
260.475. 1. Every hazardous waste generator located in Missourishall pay, in addition to the fees imposed in section 260.380, a fee oftwenty-five dollars per ton annually on all hazardous waste which isdischarged, deposited, dumped or placed into or on the soil as a finalaction, and two dollars per ton on all other hazardous waste transportedoff site. No fee shall be imposed upon any hazardous waste generator whoregisters less than ten tons of hazardous waste annually pursuant tosection 260.380, or upon:
(1) Hazardous waste which must be disposed of as provided by aremedial plan for an abandoned or uncontrolled hazardous waste site;
(2) Fly ash waste, bottom ash waste, slag waste and flue gas emissioncontrol waste generated primarily from the combustion of coal or otherfossil fuels;
(3) Solid waste from the extraction, beneficiation and processing ofores and minerals, including phosphate rock and overburden from the miningof uranium ore and smelter slag waste from the processing of materials intoreclaimed metals;
(4) Cement kiln dust waste;
(5) Waste oil; or
(6) Hazardous waste that is:
(a) Reclaimed or reused for energy and materials;
(b) Transformed into new products which are not wastes;
(c) Destroyed or treated to render the hazardous waste nonhazardous;or
(d) Waste discharged to a publicly owned treatment works.
2. The fees imposed in this section shall be reported and paid to thedepartment on an annual basis not later than the first of January. Thepayment shall be accompanied by a return in such form as the department mayprescribe.
3. All moneys collected or received by the department pursuant tothis section shall be transmitted to the department of revenue for depositin the state treasury to the credit of the hazardous waste fund createdpursuant to section 260.391. Following each annual reporting date, thestate treasurer shall certify the amount deposited in the fund to thecommission.
4. If any generator or transporter fails or refuses to pay the feesimposed by this section, or fails or refuses to furnish any informationreasonably requested by the department relating to such fees, there shallbe imposed, in addition to the fee determined to be owed, a penalty offifteen percent of the fee shall be deposited in the hazardous waste fund.
5. If the fees or any portion of the fees imposed by this section arenot paid by the date prescribed for such payment, there shall be imposedinterest upon the unpaid amount at the rate of ten percent per annum fromthe date prescribed for its payment until payment is actually made, all ofwhich shall be deposited in the hazardous waste fund.
6. The state treasurer is authorized to deposit all of the moneys inthe hazardous waste fund in any of the qualified depositories of the state.All such deposits shall be secured in such a manner and shall be made uponsuch terms and conditions as are now or may hereafter be provided for bylaw relative to state deposits. Interest received on such deposits shallbe credited to the hazardous waste fund.
*7. This fee shall expire December 31, 2011, except that thedepartment shall levy and collect this fee for any hazardous wastegenerated prior to such date and reported to the department.
(L. 1983 H.B. 528, A.L. 1985 S.B. 110, A.L. 1988 S.B. 535, A.L. 1994 H.B. 1156, A.L. 1999 S.B. 353, A.L. 2000 S.B. 577, A.L. 2004 S.B. 1040, A.L. 2005 S.B. 225)*Fee expires 12-31-11