HB 0603 (Truly Agreed) Revises environmental protection laws
Bill Summary
- Prepared by Senate Research -

SCS/HCS/HB 603, 722 & 783 - SOLID WASTE PERMIT PROCESS - This act revises the application process for solid waste disposal area permits. Applicants receiving preliminary site approval from the Department of Natural Resources must notify local city or county officials and the local solid waste management district by certified mail within 30 days. The Department will hold a public awareness session in the county where the proposed facility is to be located within 90 days after issuing the preliminary site approval.

At least 60 days before submitting the results of a detailed geologic and hydrologic site investigation to the Department, the applicant will hold a community involvement session in the county where the proposed facility is to be located. Department staff will also attend the session. The public comment period ends 30 days after the community involvement session. The applicant must reply to all comments within 30 days of receipt. The requirement for a community involvement session may be waived if a similar hearing is held pursuant to local planning and zoning requirements and the hearing satisfies all requirements specified in this act.

Public notice for both the public awareness session and the community involvement session must be provided via newspaper and broadcast media at least 30 days before each session. The act also applies these notification requirements to the public hearing on the draft permit required by current law.

The act prohibits political subdivisions from owning or operating solid waste management facilities located outside their boundaries without meeting local zoning requirements.

WASTE TIRES - The act extends the sunset on the waste tire fee until January 1, 2004. Under current law, the fee will expire on January 1, 2001. A similar provision is contained in SB 426.

The act establishes an emergency bid process for cleanup of waste tire sites that pose a risk to human health or the environment.

The act allows use of processed waste tires and recycled rubber chips in sanitary landfill design and operation.

FREE DUMPING DAYS AT CERTAIN LANDFILLS - The act provides that each city and county which owns a landfill may provide up to two free disposal days annually on which residents of the city or county may dispose of solid waste at the landfill free of any landfill tipping fee or other charge. The state landfill fee will also be waived for such waste on the free disposal days. Notice of any such free disposal days shall be printed in a local newspaper at least 2 weeks in advance and shall be posted at the landfill site.

LAND CONVEYANCE IN LAKE OF THE OZARKS STATE PARK - The act authorizes the Director of the Department of Natural Resources to engage in competitive bidding to sell thirty-four acres of undeveloped, wooded parkland in Lake of the Ozarks State Park which will be severed and negatively impacted by new U.S. Highway 54 construction.

The loss of this parkland will be mitigated by the purchase of privately owned land within the park and adjoining properties.

This provision is the same as SB 433 from 1999.

PETROLEUM STORAGE TANKS - Under current law, to receive reimbursement from the Petroleum Storage Tank Insurance Fund for costs of cleaning up contamination from petroleum storage tanks, owners of existing tanks were required to have applied for participation by December 31, 1997. The act allows current owners of tanks located on property such owner purchased before December 31, 1985 to apply by June 30, 2000, and be eligible to receive contamination cleanup cost reimbursement from the Fund. No reimbursement shall be provided for cleanup costs at these sites which are incurred prior to August 28, 1999.

The act clarifies that moneys for cleanup of contamination from tanks taken out of service prior to December 31, 1997 shall be for releases from tanks which contained petroleum.

The act provides that school districts in certain third classification counties without a township form of government, including Iron County, shall be eligible for reimbursement of cleanup costs for contamination from petroleum storage tanks.

These provisions are similar to SCS/HB 58.

The act provides that small retail fuel sellers shall be eligible for reimbursement of cleanup cost incurred after April 1, 1999 and prior to April 1, 2000, if the retailer is the sole provider of retail fuels within a five mile area and the retailer applies to the fund by August 28, 1999.

MOTOR VEHICLE EMISSIONS TESTING - BAR90 - Under the BAR90 motor vehicle emissions testing program in Franklin County, the act allows a motor vehicle dealer to either sell a vehicle with prior BAR90 inspection and approval within 120 days preceding the date of sale or without prior inspection and approval. A vehicle sold by a dealer without inspection and approval, if returned by the buyer for failing the emissions inspection, shall be inspected and approved without the option for a waiver and then be returned to the buyer.

The Department of Natural Resources may license or contract to provide inspections stations and shall be exempted from state laws regarding site procurement. Licenses shall be for up to seven years and shall be annually reviewed. The Highway Patrol may use Motor Vehicle Inspectors or "brown shirts" to conduct BAR90 inspection enforcement.

MOTOR VEHICLE EMISSIONS TESTING - IM240 - Under the IM240 motor vehicle emissions inspection program in the St. Louis metropolitan area, the act allows a motor vehicle dealer to sell a vehicle with prior inspection and approval within 120 days preceding the date of sale. Current law allows a dealer to also sell a vehicle without prior inspection and approval, and such a vehicle, if returned by the buyer for failing the emissions inspection, shall be inspected and approved without the option for a waiver and then be returned to the buyer. The act removes the requirement for a dealer to provide a full refund if the vehicle is not returned with inspection and approval in five days is removed by the act.

Repair costs may be applied toward reaching the emissions standards waiver amount only if the repairs are performed by a recognized repair technician.

The five dollar emissions inspection fee reduction for persons required to wait more than fifteen minutes for an inspection is removed by the act. The maximum fee reduction is twenty dollars for any person required to wait more than one hour for an inspection. Any person who misrepresents himself or herself as an official emissions inspector or a recognized repair technician is guilty of a Class C misdemeanor on the first offense and a Class B misdemeanor on any subsequent offense.

The Highway Patrol may use Motor Vehicle Inspectors to conduct IM240 inspection enforcement.

The emissions provisions are similar to SB 118. Similar provisions are contained in the TAT version of CCS/HS/SS/SCS/SB 19.

SCHOOL BUS REGISTRATION - The act removes the requirement that school buses be safety inspected each August and requires that school buses be safety inspected annually and not more than 60 days prior to operating the vehicle during the school year.
OTTO FAJEN

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