SCS/HCS/HB 1277 - This legislation pertains to environmental regulation.

SECTION 260.335 - Currently, monies in the solid waste management fund are appropriated to fund activities that promote the development and maintenance of markets for recovered materials; this substitute reduces those monies from one million to eight hundred thousand dollars from August 2004 to August 2005; it also increases the percentage of monies to used to administer the management of household and agricultural hazardous waste from fifteen percent to nineteen.

After August 28, 2005, no more than one million dollars shall be made available for the development of markets for recovered materials and fifteen percent of monies shall be used to administer the management of household and agricultural hazardous waste.

All remaining revenues deposited into the fund each fiscal year shall be allocated for the following:

(1) From August 2004 to August 2005, up to 42% of the revenue shall be dedicated to the elimination of illegal solid waste disposal;

(2) Up to 15% of the revenue may be used to conduct solid waste permitting activities, after August 2005, that percentage increases up to 25% of the revenue may be used for such purpose;

(3) From August 2004 to August 2005, at least 58% of the revenues shall be allocated through grants to participating cities, counties and districts, after August 2004, up to 50% shall be allocated to participating districts;

(4) From August 2004 to August 2005, each district shall receive a minimum of $75,000, after August 2005, that minimum decreases to $45,000;

(5) From August 2004 to August 2005, any remaining monies shall be used to provide grants for statewide solid waste management planning or research or to any person or entity involved in waste reduction or for contract services to further this purpose. After August 2005, solid waste districts may apply annually to the department for a three-to-one matching grant of up to $20,000 per district per year for the purpose of district operations.

Beginning July 1, 2004, this substitute requires a joint committee appointed by the Speaker of the House of Representatives and the President Pro Tem of the Senate to consider proposals for restructuring the distribution of fees between solid waste districts, grant recipients, and the department. The committee shall consider options for the distribution of the tipping fee to the solid waste districts. The committee will submit a report with its recommendations to the Governor, the House of Representatives, and the Senate no later than December 31, 2004.

Language has been added to this substitute that clarifies that if monies are not transmitted to the department within the time frame established by rule, interest shall be imposed at the rate of 10% per annum; this interest shall be deposited to the credit of the solid waste management fund.

SECTION 260.370 - Beginning July 1, 2004, this substitute requires a joint committee appointed by the Speaker of the House of Representatives and the President Pro Tem of the Senate to consider proposals for restructuring the fees paid by hazardous waste generators and hazardous waste facilities. The committee will consider options for expanding the fee structure to more fairly apportion the cost of services provided among those that benefit from the services. The committee will submit a report with its recommendations to the Governor, the House of Representatives, and the Senate no later than December 31, 2004.

SECTIONS 260.375 & 260.380 - The act also allows Missouri treatment, storage, and disposal facilities that receive hazardous material from out-of-state generators to submit registration and reporting information in a format prescribed by the Department of Natural Resources describing the types and quantities of hazardous waste received from the out-of-state generator. As long as the facility submits this information to the department, the out-of-state generator will not be required to do so. The facility is also responsible for paying all fees and taxes on behalf of the out-of-state generator.

SECTIONS 260.475 & 260.479 - The act revises the percent amounts on the two funds regarding moneys collected or received by the department. Forty percent will go to the Hazardous Waste Remedial Fund, and 60% will go to the Hazardous Waste Fund. This fee will expire June 30, 2006, except that the department will levy and collect this fee for any hazardous waste generated prior to the date and reported to the department.

SECTION 444.765 - Adds definitions to section pertaining to the Land Reclamation Act. Language clarifies that for the purposes of Sections 444.762 to 444.787, surface mining shall not include excavations to move minerals or fill dirt within the confines of the real property where the excavation occurs to remove those minerals or fill dirt in preparation for construction.

SECTION 444.767 - Specifies that the Land Reclamation Commission within the department has no authority to regulate the excavation of minerals or fill dirt for construction. Utilizes the powers authorized by the substitute to promote the reclamation of land subjected to disturbance by surface mining and to promote and protect the health, safety, and general welfare of the people of this state in relation to surface mining.

SECTION 444.770 - Directs the commission to establish excavation standards by guidelines for operators engaged in mining. Adds language that exempts landowners from the excavation standards if they use the product for their personal use. The act directs corrective action to be taken by operator upon direction from the commission when and if such operator violates the excavation standards and results in an impact on the stream; such corrective action shall occur in conjunction with obtaining a permit to continue operating at the site of the violation. The act adds language that allows private landowners of their contractors to sell up to 2,000 tons of sand and gravel material per year without a permit.

Political subdivisions are exempt from the permitting process if they mine with their own personnel and equipment and use the product for their personal use. Language was also added in this substitute to direct the department to provide information and educational opportunities to educate the public about permit requirements and best mining practices.

Specifies that no one will be required to obtain a permit for the purpose of moving minerals or fill dirt within the confines of real property where excavation occurs or to remove minerals or fill dirt from the real property as incidental to the primary purpose of construction. Authorizes the commission to determine whether an activity on real property constitutes surface mining that requires a permit. If a permit is required, the owner of the property will be notified by a letter stating the reasons for the determination. If the staff director of the commission and the owner disagree with the findings, the owner can request a hearing before the commission at its next regular meeting; and a written determination will be issued within 30 calendar days. The determination can be appealed with the burden of proof on the director and the commission.

SECTION 444.787 - Allows additional penalties to be levied at the discretion of the court for up to double the cumulative total of penalties authorized for a violation of operation without a permit which constitutes fraud and the court imposes civil penalties for the violation.

SECTIONS 621.015, 621.250 & 640.013 - Language from SB 949 has been added here. All authority to hear appeals shall be transferred to the administrative hearing commission, the authority to render final decisions after appeals shall remain with the commissions listed in the provision. Procedural guidelines for hearings as well as notification requirements are laid out in the act.

This act includes an emergency clause.
MEGAN CRAIN