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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE NO. 2 FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1586
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
6560S.11P KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 260.213, 260.330, and 260.335, RSMo, and to enact in lieu thereof three new
sections relating to solid waste management.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 260.213, 260.330, and 260.335, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 260.213, 260.330, and 260.335, to read as 3
follows:4
260.213. No person may knowingly sell, convey or 1
transfer title to any property that contains a permitted or 2
unpermitted solid waste disposal site or demolition 3
landfill, without disclosing [to] the sale, conveyance, or 4
transfer to the department of natural resources. The seller 5
shall inform the buyer with a written notice signed and 6
dated by the seller early in the negotiation process about 7
the existence and location of the disposal or landfill 8
site. If the seller fails to inform the buyer with the 9
written notice about the existence and location of the 10
disposal or landfill site under this section, the buyer may 11
cancel the sale agreement and the seller shall be required 12
to disburse to the buyer any earnest money paid by the buyer 13
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to the seller. The seller shall also notify the buyer that 14
he may be assuming liability to the state for any remedial 15
action at the site, except that the sale, conveyance or 16
transfer of property shall not absolve any person 17
responsible for the illegal disposition of solid waste, 18
including the seller, of liability for any remedial action 19
at the site. 20
260.330. 1. Except as otherwise provided in 1
subsection 6 of this section, effective October 1, 1990, 2
each operator of a solid waste sanitary landfill shall 3
collect a charge equal to one dollar and fifty cents per ton 4
or its volumetric equivalent of solid waste accepted and 5
each operator of the solid waste demolition landfill shall 6
collect a charge equal to one dollar per ton or its 7
volumetric equivalent of solid waste accepted. Each 8
operator shall submit the charge, less collection costs, to 9
the department of natural resources for deposit in the 10
"Solid Waste Management Fund" which is hereby created. On 11
October 1, 1992, and thereafter, the charge imposed herein 12
shall be adjusted annually by the same percentage as the 13
increase in the general price level as measured by the 14
Consumer Price Index for All Urban Consumers for the United 15
States, or its successor index, as defined and officially 16
recorded by the United States Department of Labor or its 17
successor agency. No annual adjustment shall be made to the 18
charge imposed under this subsection during October 1, 2005, 19
to October 1, 2027, except an adjustment amount consistent 20
with the need to fund the operating costs of the department 21
and taking into account any annual percentage increase in 22
the total of the volumetric equivalent of solid waste 23
accepted in the prior year at solid waste sanitary landfills 24
and demolition landfills and solid waste to be transported 25
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out of this state for disposal that is accepted at transfer 26
stations. No annual increase during October 1, 2005, to 27
October 1, 2027, shall exceed the percentage increase 28
measured by the Consumer Price Index for All Urban Consumers 29
for the United States, or its successor index, as defined 30
and officially recorded by the United States Department of 31
Labor or its successor agency and calculated on the 32
percentage of revenues dedicated under subdivision (1) of 33
subsection 2 of section 260.335. Any such annual adjustment 34
shall only be made at the discretion of the director, 35
subject to appropriations. After October 1, 2027, an annual 36
adjustment shall be based on the percentage increase 37
measured by the Consumer Price Index for All Urban Consumers 38
for the United States, or its successor index, as defined 39
and officially recorded by the United States Department of 40
Labor or its successor agency, for the preceding year. 41
Collection costs shall be established by the department and 42
shall not exceed two percent of the amount collected 43
pursuant to this section. 44
2. The department shall, by rule and regulation, 45
provide for the method and manner of collection. 46
3. The charges established in this section shall be 47
enumerated separately from the disposal fee charged by the 48
landfill and may be passed through to persons who generated 49
the solid waste. Moneys transmitted to the department shall 50
be no less than the amount collected less collection costs 51
and in a form, manner and frequency as the department shall 52
prescribe. The provisions of section 33.080 to the contrary 53
notwithstanding, moneys in the account shall not lapse to 54
general revenue at the end of each biennium. Failure to 55
collect the charge does not relieve the operator from 56
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responsibility for transmitting an amount equal to the 57
charge to the department. 58
4. The department may examine or audit financial 59
records and landfill activity records and measure landfill 60
usage to verify the collection and transmittal of the 61
charges established in this section. The department may 62
promulgate by rule and regulation procedures to ensure and 63
to verify that the charges imposed herein are properly 64
collected and transmitted to the department. 65
5. Effective October 1, 1990, any person who operates 66
a transfer station in Missouri shall transmit a fee to the 67
department for deposit in the solid waste management fund 68
which is equal to one dollar and fifty cents per ton or its 69
volumetric equivalent of solid waste accepted. Such fee 70
shall be applicable to all solid waste to be transported out 71
of the state for disposal. On October 1, 1992, and 72
thereafter, the charge imposed herein shall be adjusted 73
annually by the same percentage as the increase in the 74
general price level as measured by the Consumer Price Index 75
for All Urban Consumers for the United States, or its 76
successor index, as defined and officially recorded by the 77
United States Department of Labor or its successor agency. 78
No annual adjustment shall be made to the charge imposed 79
under this subsection during October 1, 2005, to October 1, 80
2027, except an adjustment amount consistent with the need 81
to fund the operating costs of the department and taking 82
into account any annual percentage increase in the total of 83
the volumetric equivalent of solid waste accepted in the 84
prior year at solid waste sanitary landfills and demolition 85
landfills and solid waste to be transported out of this 86
state for disposal that is accepted at transfer stations. 87
No annual increase during October 1, 2005, to October 1, 88
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2027, shall exceed the percentage increase measured by the 89
Consumer Price Index for All Urban Consumers for the United 90
States, or its successor index, as defined and officially 91
recorded by the United States Department of Labor or its 92
successor agency and calculated on the percentage of 93
revenues dedicated under subdivision (1) of subsection 2 of 94
section 260.335. Any such annual adjustment shall only be 95
made at the discretion of the director, subject to 96
appropriations. After October 1, 2027, an annual adjustment 97
shall be based on the percentage increase measured by the 98
Consumer Price Index for All Urban Consumers for the United 99
States, or its successor index, as defined and officially 100
recorded by the United States Department of Labor or its 101
successor agency, for the preceding year. The department 102
shall prescribe rules and regulations governing the 103
transmittal of fees and verification of waste volumes 104
transported out of state from transfer stations. Collection 105
costs shall also be established by the department and shall 106
not exceed two percent of the amount collected pursuant to 107
this subsection. A transfer station with the sole function 108
of separating materials for recycling or resource recovery 109
activities shall not be subject to the fee imposed in this 110
subsection. 111
6. Each political subdivision which owns an 112
operational solid waste disposal area may designate, 113
pursuant to this section, up to two free disposal days 114
during each calendar year. On any such free disposal day, 115
the political subdivision shall allow residents of the 116
political subdivision to dispose of any solid waste which 117
may be lawfully disposed of at such solid waste disposal 118
area free of any charge, and such waste shall not be subject 119
to any state fee pursuant to this section. Notice of any 120
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free disposal day shall be posted at the solid waste 121
disposal area site and in at least one newspaper of general 122
circulation in the political subdivision no later than 123
fourteen days prior to the free disposal day. 124
260.335. 1. The department shall have the authority 1
to assess, investigate, test, remediate, and manage 2
abandoned solid waste disposal areas. For purposes of this 3
section, "abandoned" means that a legally responsible person 4
for the site cannot be identified, located, or was 5
determined to be financially insolvent by the department. 6
Each fiscal year eight hundred thousand dollars from the 7
solid waste management fund shall be made available, upon 8
appropriation, to the department and the environmental 9
improvement and energy resources authority to fund 10
activities that promote the development and maintenance of 11
markets for recovered materials. Each fiscal year up to two 12
hundred thousand dollars from the solid waste management 13
fund may be used by the department upon appropriation for 14
grants to solid waste management districts for district 15
grants and district operations. Only those solid waste 16
management districts that are allocated fewer funds under 17
subsection 2 of this section than if revenues had been 18
allocated based on the criteria in effect in this section on 19
August 27, 2004, are eligible for these grants. An eligible 20
district shall receive a proportionate share of these grants 21
based on that district's share of the total reduction in 22
funds for eligible districts calculated by comparing the 23
amount of funds allocated under subsection 2 of this section 24
with the amount of funds that would have been allocated 25
using the criteria in effect in this section on August 27, 26
2004. The department and the authority shall establish a 27
joint interagency agreement with the department of economic 28
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development to identify state priorities for market 29
development and to develop the criteria to be used to judge 30
proposed projects. Additional moneys may be appropriated in 31
subsequent fiscal years if requested. The authority shall 32
establish a procedure to measure the effectiveness of the 33
grant program under this subsection and shall provide a 34
report to the governor and general assembly by January 35
fifteenth of each year regarding the effectiveness of the 36
program. 37
2. All remaining revenues deposited into the fund each 38
fiscal year after moneys have been made available under 39
subsection 1 of this section shall be allocated as follows: 40
(1) Thirty-nine percent of the revenues shall be 41
dedicated, upon appropriation, to the elimination of illegal 42
solid waste disposal, to identify and prosecute persons 43
disposing of solid waste illegally, to conduct solid waste 44
permitting activities, to administer grants and perform 45
other duties imposed in sections 260.200 to 260.345 and 46
section 260.432. In addition to the thirty-nine percent of 47
the revenues, the department may receive any annual increase 48
in the charge during October 1, 2005, to October 1, 2027, 49
under section 260.330 and such increases shall be used 50
solely to fund the operating costs of the department; 51
(2) [Sixty-one] Fifty-one percent of the revenues, 52
except any annual increases in the charge under section 53
260.330 during October 1, 2005, to October 1, 2027, which 54
shall be used solely to fund the operating costs of the 55
department, shall be allocated to solid waste management 56
districts. Revenues to be allocated under this subdivision 57
shall be divided as follows: forty percent shall be 58
allocated based on the population of each district in the 59
latest decennial census, and sixty percent shall be 60
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allocated based on the amount of revenue generated within 61
each district. For the purposes of this subdivision, 62
revenue generated within each district shall be determined 63
from the previous year's data. No more than fifty percent 64
of the revenue allocable under this subdivision may be 65
allocated to the districts upon approval of the department 66
for implementation of a solid waste management plan and 67
district operations, and at least fifty percent of the 68
revenue allocable to the districts under this subdivision 69
shall be allocated to the cities and counties of the 70
district or to persons or entities providing solid waste 71
management, waste reduction, recycling and related services 72
in these cities and counties. Each district shall receive a 73
minimum of seventy-five thousand dollars under this 74
subdivision. After August 28, 2015, each district shall 75
receive a minimum of ninety-five thousand dollars under this 76
subdivision for district grants and district operations. 77
Each district receiving moneys under this subdivision shall 78
expend such moneys pursuant to a solid waste management plan 79
required under section 260.325, and only in the case that 80
the district is in compliance with planning requirements 81
established by the department. Moneys shall be awarded 82
based upon grant applications. The following criteria may 83
be considered to establish the order of district grant 84
priority: 85
(a) Grants to facilities of organizations employing 86
individuals with disabilities under sections 178.900 to 87
178.960 or sections 205.968 to 205.972; 88
(b) Grants for proposals that will promote and 89
maximize the sharing of district resources; 90
(c) Grants for proposals which provide methods of 91
recycling and solid waste reduction; and 92
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(d) All other grants. Any allocated district moneys 93
remaining in any fiscal year due to insufficient or 94
inadequate grant applications shall be reallocated for grant 95
applications in subsequent years or for solid waste 96
management projects other than district operations, 97
including a district's next request for solid waste 98
management project proposals. 99
Any allocated district moneys remaining after a period of 100
five years shall revert to the credit of the solid waste 101
management fund created under section 260.330; 102
(3) [Except for the amount up to one-fourth of the 103
department's previous fiscal year expense, any remaining 104
unencumbered funds generated under subdivision (1) of this 105
subsection in prior fiscal years shall be reallocated under 106
this section] Ten percent of revenue shall be allocated to 107
the department for the purpose of administering the 108
provisions of subsection 1 of this section relating to the 109
assessment, investigation, testing, remediation, and 110
managing of abandoned solid waste disposal areas; 111
(4) If there are no more abandoned solid waste 112
disposal areas left in existence in the state in any given 113
year, the percentage of revenue shall increase from fifty- 114
one to sixty-one percent for the purpose of administering 115
the provisions of subdivision (2) of subsection 2 of this 116
section; 117
[(4)] (5) Funds may be made available under this 118
subsection for the administration and grants of the used 119
motor oil program described in section 260.253; 120
[(5)] (6) The department and the environmental 121
improvement and energy resources authority shall conduct 122
sample audits of grants provided under this subsection. 123
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3. In addition to the criteria listed in this section, 124
the advisory board created in section 260.345 shall 125
recommend criteria to be used to allocate grant moneys to 126
districts, cities and counties. These criteria shall 127
establish a priority for proposals which provide methods of 128
solid waste reduction and recycling. The department shall 129
promulgate criteria for evaluating grants by rule and 130
regulation. Projects of cities and counties located within 131
a district which are funded by grants under this section 132
shall conform to the district solid waste management plan. 133
4. The funds awarded to the districts pursuant to this 134
section shall be used for the purposes set forth in sections 135
260.300 to 260.345, and shall be used in addition to 136
existing funds appropriated by counties and cities for solid 137
waste management and shall not supplant county or city 138
appropriated funds. 139
5. Once grants are approved by the solid waste 140
management district, the district shall submit to the 141
department the appropriate forms associated with the grant 142
application and any supporting information to verify that 143
appropriate public notice procedures were followed, that 144
grant proposals were reviewed and ranked by the district, 145
and that only eligible costs as set forth in regulations are 146
to be funded. Within thirty days, the department shall 147
review the grant application. If the department finds any 148
deficiencies, or needs more information in order to evaluate 149
the grant application, the department shall notify the 150
district in writing. The district shall have an additional 151
thirty days to respond to the department's request and to 152
submit any additional information to the department. Within 153
thirty days of receiving additional information, the 154
department shall either approve or deny the grant 155
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application. If the department takes no action, the grant 156
application shall be deemed approved. The department, in 157
conjunction with the solid waste advisory board, shall 158
review the performance of all grant recipients to ensure 159
that grant moneys were appropriately and effectively 160
expended to further the purposes of the grant, as expressed 161
in the recipient's grant application. The grant application 162
shall contain specific goals and implementation dates, and 163
grant recipients shall be contractually obligated to fulfill 164
same. The department may require the recipient to submit 165
periodic reports and such other data as are necessary, both 166
during the grant period and up to five years thereafter, to 167
ensure compliance with this section. The department may 168
audit the records of any recipient to ensure compliance with 169
this section. Recipients of grants under sections 260.300 170
to 260.345 shall maintain such records as required by the 171
department. If a grant recipient fails to maintain records 172
or submit reports as required herein, refuses the department 173
access to the records, or fails to meet the department's 174
performance standards, the department may withhold 175
subsequent grant payments, if any, and may compel the 176
repayment of funds provided to the recipient pursuant to a 177
grant. 178
6. The department shall provide for a security 179
interest in any machinery or equipment purchased through 180
grant moneys distributed pursuant to this section. 181
7. If the moneys are not transmitted to the department 182
within the time frame established by the rule promulgated, 183
interest shall be imposed on the moneys due the department 184
at the rate of ten percent per annum from the prescribed due 185
date until payment is actually made. These interest amounts 186
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shall be deposited to the credit of the solid waste 187
management fund. 188
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