HCS/SS# 2/SCS/SB 225 - 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 along with the number of batteries sold during the preceding month. 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. 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 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: • Vendors residing in Missouri for two years preceding the bid; • 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; • Vendors that reside in Missouri that employ at least seventy-five percent of their workers from Missouri for the entire term of the project; • 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; • 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 260.325 - Solid waste management district boards shall arrange for independent financial audits of the district's operations. Districts receiving two hundred thousand dollars or more shall undergo annual audits, those districts receiving less than two hundred thousand dollars of financial assistance shall undergo the audits at least once every two years. The contents of these audits shall be open to the State Auditor and the option to audit the districts by the state auditor is provided for in the act. The department shall perform audits of district grants, provided the resources are there, at least once every three years. SECTION 260.330 - The fees for solid waste landfills are modified in the act. No annual adjustment to the current fee is to be made from October 2005 to October 2009, except that which is needed for operating costs and any increase in the total amount of solid waste accepted at landfills and that to be transferred out of the state. No annual increase made during the time frame of October 2005 to October 2009 shall exceed the percentage increase measured by the consumer price index, and shall be made at the discretion of the director of the Department of Natural Resources. The fees for transfer stations have been modified in the act. No annual adjustment to the current fee is to be made from October 2005 to October 2009, except that which is needed for operating costs and any increase in the total amount of solid waste accepted at landfills and that to be transferred out of the state. No annual increase made during the time frame of October 2005 to October 2009 shall exceed the percentage increase measured by the consumer price index, and shall be made at the discretion of the director of the Department of Natural Resources. SECTION 260.335 - Each fiscal year, eight hundred thousand dollars from the solid waste management fund shall be made available to the department and the environmental improvement and energy resources authority for the development of markets for recovered materials; this is a change from the current appropriation of one million dollars. Each fiscal year, up to two hundred thousand dollars from the solid waste management fund shall be used by the department for grants to solid waste management districts. District eligibility is laid out in the act as is the calculation for fund disbursement. Remaining moneys in the fund shall be allocated as follows: • Thirty-nine percent of the moneys shall go towards the elimination of illegal solid waste disposal; • Sixty-one percent of the moneys shall go towards grants - the breakdown of these moneys are, forty percent shall be allocated based on the population of each district and sixty percent shall be allocated based on the amount of revenue generated within each district. • No more than fifty percent of the allocable revenue may be used for the implementation of a solid waste management plan and at least fifty percent of the allocable revenue shall be allocated for waste reduction, recycling and related services. Each district shall receive a minimum of ninety-five thousand dollars for district grants and operations. SECTION 260.345 - The act changes the membership of the solid waste advisory board, two members shall represent the solid waste management industry, and one member may represent the solid waste composting or recycling industry. The authority to terminate any member based on the failure to attend at least fifty percent of the board meetings has been removed in the act. 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. 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 260.475 - 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. SECTION 260.900 - Changes the definition "dry cleaning solvent" to include dry-cleaners who use non-chlorinated solvents and exclude those who use petroleum-based solvents. SECTION 260.905 - Provides an extension to the hazardous waste management commission to promulgate rules for dy cleaning facility environmental remediation until 2007. SECTION 260.925 - Modifies circumstances where moneys from the Dry Cleaning Emergency Response Trust Fund (DERT) cannot be used; for corrective action at sites that have been taken out of operation prior to July 1, 2009 and not documented to the department prior to that date. SECTION 260.935 - Removes facilities that use petroleum, nonchlorinated solvents from the requirement to pay an annual dry-cleaning facility registration surcharge. SECTION 260.940 - Removes the solvent factor for any nonchlorinated dry-cleaning solvent. SECTION 260.960 - Clarifies that any rule promulgated after the effective date of this section shall be invalid. SECTION 260.965 - Sets an expiration date of August 28, 2012 for the operation of the DERT Fund. SECTION 304.184 - Any truck or tractor-trailer engaged in transporting solid waste may operate with a weight not to exceed twenty-two thousand four hundred pounds on one axle or not to exceed forty-four thousand eight hundred pounds on any tandem axle. The act does not permit the operation of any motor vehicle on the highways in excess of the weight limits imposed by federal statutes. The sections pertaining to dry cleaning facilities have an emergency clause. MEGAN WORD