Missouri Senate

Introduced

SECTION 260.262 - Directs a fee of one dollar 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, less four percent which shall be retained by the department, shall be deposited in the hazardous waste fund.

SECTION 260.273 - Reinstates waste tire fee at twenty-five cents for each new tire sold, provides no expiration date, and directs all revenue from that fee into the hazardous waste fund. Eliminates all educational program language as well as grant language.

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 pay an annual fee.

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 - All references to the hazardous waste remedial fund have been removed. Extends the fee collected pursuant to this section has been extended to December 2011.

SECTION 260.480 - Repeals entire section - clarifies that 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.

SECTION 292.604 - The percentage of fees that shall be placed in the chemical emergency preparedness fund have been designated with this act, as have the percentage to be placed in the hazardous waste fund.

SECTION 292.606 - The fees collected under this section have increased - any employer required to pay shall pay an annual fee of two hundred dollars. Owners and operators of petroleum retail facilities shall pay a fee of no more than one hundred dollars for each facility. If more than three hazardous substances are reported on the Tier II form, an additional fee of forty dollars will be charged for each hazardous substance - a change from the current twenty dollars. The limit of fees employers shall pay per year in fees has also been raised with this act - they shall pay no more than twenty thousand dollars per year; a change from the current ten thousand dollar limit. If fees collected under this section exceed two million dollars, any excess over two million dollars shall be proportionately credited to fees payable in the succeeding year - a change from the current one million dollar limit.

MEGAN WORD