Missouri Senate

Introduced

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 and approve target levels 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. Certain rules relating to surface impoundments, utility waste, and CCR landfills are required to be promulgated by December 31, 2018. Until the Department has an approved program for solid waste disposal facilities under the federal Resource Conservation and Recovery Act, the Department may issue guidance and enter into agreements with site 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 shall require each owner, operator, or permittee of a CCR unit to pay a fee. If such owner is subject to the federal program for solid waste disposal facilities and is not permitted as a utility waste landfill, the owner shall pay an enrollment fee of $62,000. If such owner is subject to the federal program for solid waste disposal facilities, the owner shall pay an annual fee of $15,000. Fees shall be accompanied by a form that shall include certain information set forth in this act, and 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 of Natural Resources shall have the right to examine or audit financial resources, CCR unit activity records, and other records to verify the collection and transmittal of fees established under this act. Such records shall be maintained for at least 3 years.

Beginning January 1, 2024, and every 5 years thereafter, the Department shall conduct a review of the fee structure established under this act in order to evaluate the sufficiency of such fee structure. Such review shall detail certain costs, and shall include stakeholder meetings in order to solicit stakeholder input. Upon completion of such review, the Department shall submit a report to the General Assembly by December of the same year, and shall file an order of rulemaking setting forth an amended fee structure based on the review. Fees established by rule shall not yield revenue greater than the cost of administering this act, but shall be adequate to ensure sustained operation of the state CCR program.

KAYLA HAHN