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SECOND REGULAR SESSION
HOUSE BILL NO. 1969
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CLEMENS.
4524H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 319, RSMo, by adding thereto one new section relating to excavations in
hazardous waste sites.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 319, RSMo, is amended by adding thereto one new section, to be
2 known as section 319.032, to read as follows:
319.032. 1. Upon recei ving a notice of intent to excavate fr om an excavator , the
2 notification center shall prompt ly transmit all details of such notice submitted under
3 section 319.026 to the department of natural reso urces. The department shall
4 immediately make the following determinations and notify the excavator of such
5 determinations:
6 (1) Whether the excavation location is within a site:
7 (a) On which the department is overseeing any enviro nmental r emediation at the
8 time of the pro posed excavation;
9 (b) That req uires a r emedial res ponse, as such site is described by the
10 department or in a United States Envir onmental Pr otection Agency record of decision;
11 or
12 (c) For which envir onmental rem ediation has been completed; or
13 (2) Whether the excavation location is within a site that is:
14 (a) Under envir onmental investigation by the department; or
15 (b) Listed on the department's regi stry of abandoned or uncontr olled hazardous
16 waste sites.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 2. (1) If the excavation location is within a site described in subdivision (1) of
18 subsection 1 of this section at the time of the pr oposed excavation, the department shall
19 notify all persons having control over a hazardous substance, as defined in section
20 260.500, who ar e r esponsible for contaminating the site, re quir e such persons to test the
21 soil at the excavation location to ensur e the safety of the excavators working at such site,
22 and notify the excavators of the test r esults.
23 (2) If the excavation location is within a site described in subdivision (2) of
24 subsection 1 of this section at the time of the pr oposed excavation, the department shall
25 test the soil at the excavation location to ensur e the safety of the excavators working at
26 such site and notify the excavators of the test res ults.
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HB 1969 2