260.500. Definitions.
Definitions.
260.500. As used in sections 260.500 to 260.550, unless the contextclearly indicates otherwise, the following terms mean:
(1) "Cleanup", all actions necessary to contain, collect, control,identify, analyze, clean up, treat, disperse, remove, or dispose of ahazardous substance;
(2) "Cleanup costs", all costs incurred by the state or any of itspolitical subdivisions, or their agents, or by any other personparticipating with the approval of the department of natural resources inthe prevention or mitigation of damages from a hazardous substanceemergency or the cleanup of a hazardous substance involved in a hazardoussubstance emergency, including a proportionate share of those costsnecessary to maintain the services authorized in sections 260.500 to260.550;
(3) "Department", the department of natural resources;
(4) "Director", the director of the department of natural resources;
(5) "Hazardous substance", any substance or mixture of substancesthat presents a danger to the public health or safety or the environmentand includes:
(a) Any hazardous waste identified or listed by the departmentpursuant to sections 260.350 to 260.430;
(b) Any element, compound, mixture, solution, or substance designatedpursuant to Sections 101(14) and 102 of the Comprehensive EnvironmentalResponse, Compensation and Liability Act of 1980, as amended, and Section302 of the Superfund Amendments and Reauthorization Act of 1986, asamended; and
(c) Any hazardous material designated by the Secretary of the UnitedStates Department of Transportation pursuant to the Hazardous MaterialsTransportation Act;
(d) "Hazardous substances" does not include radioactive materials,wastes, emissions or discharges that are licensed or regulated by laws ofthe federal government or of this state. However, such material releaseddue to a transportation accident shall be considered a hazardous substance;
(6) "Hazardous substance emergency":
(a) Any release of hazardous substances in quantities equal to or inexcess of those determined pursuant to Section 101(14) or 102 of theComprehensive Environmental Response, Compensation and Liability Act of1980, as amended, and Section 304 of the Superfund Amendments andReauthorization Act of 1986, as amended;
(b) Any release of petroleum including crude oil or any fractionthereof, natural gas, natural gas liquids, liquefied natural gas, orsynthetic gas usable for fuel (or mixtures of natural gas and suchsynthetic gas) in excess of fifty gallons for liquids or three hundredcubic feet for gases, except that the notification and reporting of anyrelease of natural gas or natural gas mixtures by or from intrastatefacilities, regardless of the quantity of such release, shall be asspecified by the public service commission rather than pursuant to thenotification and reporting requirements contained in, or authorized by,sections 260.500 to 260.550. Interstate natural gas pipeline facilitiesshall report natural gas releases to the state and the National ResponseCenter in accordance with federal Department of Transportation regulatoryrequirements;
(c) Any release of a hazardous waste which is reportable pursuant tosections 260.350 to 260.430;
(d) Any release of a hazardous substance which requires immediatenotice pursuant to Part 171 of Title 49 of the Code of Federal Regulations;
(e) The department may promulgate rules and regulations identifyingthe substances and the quantities thereof which, if released, constitute ahazardous substance emergency;
(7) "Person", any individual, partnership, copartnership, firm,company, public or private corporation, association, joint stock company,trust, estate, political subdivision, or any agency, board, department, orbureau of the state or federal government, or any other legal entitywhatever which is recognized by law as the subject of rights and duties;
(8) "Person having control over a hazardous substance", any personproducing, handling, storing, transporting, refining, or disposing of ahazardous substance when a hazardous substance emergency occurs, includingbailees, carriers, and any other person in control of a hazardous substancewhen a hazardous substance emergency occurs, whether they own the hazardoussubstance or are operating under a lease, contract, or other agreement withthe legal owner thereof;
(9) "Release", any threatened or real emission, discharge, spillage,leakage, pumping, pouring, emptying or dumping of a substance into or ontothe land, air or waters of the state unless done in compliance with theconditions of a federal or state permit, unless the substance is confinedand is expected to stay confined to property owned, leased or otherwisecontrolled by the person having control over the substance, or unless, inthe case of pesticides, if application is done in accordance with theproduct label;
(10) "State of Missouri basic emergency operations plan", the stateplan, its annexes, and appendices as developed or maintained by the stateemergency management agency for response to natural and man-made disastersin this state;
(11) "Waters of the state", all rivers, streams, lakes and otherbodies of surface and subsurface water lying within or forming a part ofthe boundaries of the state which are not entirely confined and locatedcompletely upon lands owned, leased or otherwise controlled by a singleperson or by two or more persons jointly or as tenants in common andincludes waters of the United States lying within the state.
(L. 1983 H.B. 528, A.L. 1995 S.B. 3 merged with S.B. 283, A.L. 2000 S.B. 577)