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SCS/HCS/HB 192 - This act pertains to hazardous waste. SECTION 260.200: Changes "waste tire" references to "scrap tire". SECTION 260.262: Directs a fee of fifty cents to be collected for each lead-acid battery sold. The fee, less six percent to be retained by the seller as collection costs, shall be paid to the department of revenue. Of the monies kept by the department of revenue, four percent shall be retained by the department, the rest shall be deposited in the hazardous waste fund. These provisions will become effective on October 1, 2005 and expire on June 30, 2011. SECTION 260.270: Changes "waste tire" references to "scrap tire". SECTION 260.272: Changes "waste tire" references to "scrap tire". SECTION 260.273: Reinstates the tire fee at fifty cents. The act reinstates the fee beginning the first day of the month no more than sixty days following the effective date of the act; the fee is set to terminate January 1, 2010. The act directs the Department of Natural Resources to report by January 1, 2009, a complete accounting of tire cleanups - this includes those completed or in progress, the costs associated with these cleanups, number of tires remaining at that time, balance of the fund and enforcement actions initiated to address scrap tires. SECTION 260.274: Repeals entire section. SECTION 260.275: Changes "waste tire" references to "scrap tire". SECTION 260.276: Changes "waste tire" references to "scrap tire". SECTION 260.278: Changes "waste tire" references to "scrap tire". SECTION 260.279: The act provides preference to Missouri vendors bidding on contracts by the department for the removal or clean up of scrap tires. A five percent preference and ten bonus points shall be given to any vendor that meets one or more of the following factors: 1. Vendors residing in Missouri for two years preceding the bid; 2. Non - resident vendors that employ at least twenty Missouri residents and have maintained their principal place of business in the state for two years preceding the bid; 3. Vendors that reside in Missouri that employ at least seventy-five percent of their workers from Missouri for the entire term of the project; 4. Non - resident vendors that employ at least twenty Missouri residents and have maintained their principal place of business in the state for two years preceding the bid; for the entire term of the project, these vendors shall employ at least seventy-five percent of their workers from Missouri; 5. Vendors that provide written certification that the end use of the tires will be for fuel purposes or for the manufacture of a useable good or product; landfilling of tires, tire chips, or tire shreds shall not permit a vendor a preference. SECTION 260.342: Repeals entire section. SECTION 260.375: Removes requirement for out of state generators to file a registration report with the commission, as well as removing the allowance for in state generators to submit such registration for these out of state generators. SECTION 260.380: New language clarifies that requirements set forth by the commission apply only to those generators located in Missouri. Removes references to out of state generators and the requirements set forth by the department. Removes requirement for in state generators that are receiving hazardous waste from out of state generators to pay an annual fee. There has been a change to the fee paid for by generators - new language clarifies that the fee for in state generators shall be five dollars per ton or portion thereof of waste registered with the department; a change from current law that provided the commission the discretion to establish the fee annually. New language states that the fee shall not exceed fifty-two thousand dollars per generator site per year nor be less than one hundred fifty dollars per site per year. New language has been added that directs Missouri treatment, storage and disposal facilities to pay an annual fee equal to two dollars per ton or portion thereof for all hazardous waste received from outside the state. Failure to pay such a fee shall result in the imposition of a penalty equal to fifteen percent of the original fee. The fee shall expire December 2011. SECTION 260.391: Adds circumstances to the list by which the hazardous waste fund receives funds - new language includes taxes, penalties or interest assessed on those fees or taxes. New language also adds to the list of circumstances to which the hazardous waste fund is responsible - including, prevention of leaks from underground storage tanks and response to petroleum releases from both underground and above ground tanks, and for any other expenditures that are not covered under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980. Included in these "other expenditures" are: -Administrative services as necessary for the identification, assessment and cleanup of abandoned sites; - Payments to other state agencies for services consistent with section 260.435 to 260.550; - Acquisition of property as provided in section 260.420; - A development study of a hazardous waste facility in Missouri; - Financing the non-federal share associated with the cost of clean up and site remediation - Reimbursement of owners or operators who accept waste pursuant to department orders Language clarifies that any funds remaining in the hazardous waste remedial fund shall be transferred to the hazardous waste fund. No monies from the fund shall be available for abandoned site clean up unless the director has made all reasonable efforts to secure voluntary payment from the owners or operators of such site. The director shall make all reasonable efforts to recover expended funds through litigation or cooperative agreements with responsible persons. All recovered monies shall be deposited in the hazardous waste fund. In addition to the revenue specified in the section, the department shall request an annual appropriation from general revenue equal to any state match obligation to the EPA for cleanup performed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980. SECTION 260.420: All references to the hazardous waste remedial fund have been removed. SECTION 260.446: Section repealed. SECTION 260.475: All references to the hazardous waste remedial fund have been removed, along with the deposit breakdown between said fund and the hazardous waste fund - the act forwards all monies to be deposited in the hazardous waste fund. The fee authorized in this section shall expire December 2011. SECTION 260.479: Section repealed. SECTION 260.480: Repeals current section - added language that clarifies any funds remaining in the hazardous waste remedial fund shall be transferred to the hazardous waste fund. SECTION 260.481: All references to the hazardous waste remedial fund have been removed. SECTION 260.546: All references to the hazardous waste remedial fund have been removed. SECTION 260.569: All references to the hazardous waste remedial fund have been removed. There is an emergency clause for the scrap tire fee and language pertaining to Missouri vendors and the clean up of these tires. MEGAN WORD
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