HOUSE BILL NO. 1969 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CLEMENS.
4524H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 319, RSMo, by adding thereto one new section relating to excavations in hazardous waste sites.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 319, RSMo, is amended by adding thereto one new section, to be 2 known as section 319.032, to read as follows: 319.032. 1. Upon receiving a notice of intent to excavate from an excavator, the 2 notification center shall promptly transmit all details of such notice submitted under 3 section 319.026 to the department of natural resources. The department shall 4 immediately make the following determinations and notify the excavator of such 5 determinations: 6 (1) Whether the excavation location is within a site: 7 (a) On which the department is overseeing any environmental remediation at the 8 time of the proposed excavation; 9 (b) That requires a remedial response, as such site is described by the 10 department or in a United States Environmental Protection Agency record of decision; 11 or 12 (c) For which environmental remediation has been completed; or 13 (2) Whether the excavation location is within a site that is: 14 (a) Under environmental investigation by the department; or 15 (b) Listed on the department's registry of abandoned or uncontrolled hazardous 16 waste sites.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1969 2
17 2. (1) If the excavation location is within a site described in subdivision (1) of 18 subsection 1 of this section at the time of the proposed excavation, the department shall 19 notify all persons having control over a hazardous substance, as defined in section 20 260.500, who are responsible for contaminating the site, require such persons to test the 21 soil at the excavation location to ensure the safety of the excavators working at such site, 22 and notify the excavators of the test results. 23 (2) If the excavation location is within a site described in subdivision (2) of 24 subsection 1 of this section at the time of the proposed excavation, the department shall 25 test the soil at the excavation location to ensure the safety of the excavators working at 26 such site and notify the excavators of the test results. ✔
Statutes affected: