HCS/SCS/SB 917 - This act modifies provisions relating to coal ash.
Currently, all fly ash produced by coal combustion generating facilities located in Kansas City is exempt from all solid waste permitting requirements. This act repeals this exemption.
This act gives the Department of Natural Resources the authority to promulgate rules for the management, closure, and post-closure of coal combustion residual (CCR) units. Under this act, "CCR unit" means a surface impoundment, utility waste landfill, or a CCR landfill. Prior to federal approval of a state CCR program, nothing shall prohibit the Department from issuing guidance or entering into agreements with CCR units owners to establish risk-based target levels using the Missouri risk-based corrective action program for closure and corrective action at CCR units.
Beginning January 1, 2019, the Department of Natural Resources may require each owner, operator, or permittee of a CCR unit to pay a fee. For units that are not closed, the Department may assess an enrollment fee of $62,000 per unit, and units that have completed closure may be required to pay an enrollment fee of $48,000 per unit. Additionally, an annual fee may be assessed in the amount of $15,000. Fees shall be credited to the Coal Combustion Residuals Subaccount created under this act. Interest shall be imposed on moneys due to the Department at a rate of 10% annually, and the Department may pursue penalties for failure to submit fees on time.
The Department shall not apply standards to certain landfills unless data confirm an imminent threat to human health and the environment.
This act is similar to provisions contained in HCS/SB 659 (2018), HCS/SS/SCS/SB 782 (2018), and HCS/HB 2041 (2018).