HOUSE BILL NO. 2761 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BANDERMAN.
6350H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 29.380, 260.200, 260.213, 260.300, 260.302, 260.305, 260.310, 260.315, 260.320, 260.324, 260.330, 260.335, and 260.345, RSMo, and to enact in lieu thereof six new sections relating to solid waste management.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 29.380, 260.200, 260.213, 260.300, 260.302, 260.305, 260.310, 2 260.315, 260.320, 260.324, 260.330, 260.335, and 260.345, RSMo, are repealed and six new 3 sections enacted in lieu thereof, to be known as sections 260.200, 260.213, 260.324, 260.330, 4 260.335, and 260.336, to read as follows: 260.200. 1. The following words and phrases when used in sections 260.200 to 2 260.345 shall mean: 3 (1) "Advanced recycling", a set of manufacturing processes for the conversion of 4 recovered post-use polymers such as plastics into plastic and chemical feedstocks, raw 5 materials, and recycled plastics for reuse through processes that include pyrolysis, 6 gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, 7 and other similar technologies. Advanced recycling does not include solid waste disposal, 8 solid waste processing, solid waste management, or incineration; 9 (2) "Advanced recycling facility", a manufacturing facility that receives, stores, and 10 converts recovered post-use polymers using advanced recycling to produce plastics and 11 chemical feedstocks, raw materials, and recycled plastics. Advanced recycling facility does 12 not include solid waste disposal areas, solid waste processing facilities, solid waste 13 management facilities, or incinerators. Advanced recycling facilities are subject to all 14 applicable laws and regulations for manufacturers;
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 2761 2
15 (3) "Alkaline-manganese battery" or "alkaline battery", a battery having a manganese 16 dioxide positive electrode, a zinc negative electrode, an alkaline electrolyte, including 17 alkaline-manganese button cell batteries intended for use in watches, calculators, and other 18 electronic products, and larger-sized alkaline-manganese batteries in general household use; 19 (4) "Applicant", a person or persons seeking or holding a facility permit; 20 (5) "Bioreactor", a municipal solid waste disposal area or portion of a municipal solid 21 waste disposal area where the controlled addition of liquid waste or water accelerates both the 22 decomposition of waste and landfill gas generation; 23 (6) "Button cell battery" or "button cell", any small alkaline-manganese or mercuric- 24 oxide battery having the size and shape of a button; 25 (7) "City", any incorporated city, town, or village; 26 (8) "Clean fill", uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, 27 cinderblocks, brick, minimal amounts of wood and metal, and inert solids as approved by rule 28 or policy of the department for fill, reclamation or other beneficial use; 29 (9) "Closure", the permanent cessation of active disposal operations, abandonment of 30 the disposal area, revocation of the permit or filling with waste of all areas and volumes 31 specified in the permit and preparing the area for long-term care; 32 (10) "Closure plan", plans, designs and relevant data which specify the methods and 33 schedule by which the operator will complete or cease disposal operations, prepare the area 34 for long-term care, and make the area suitable for other uses, to achieve the purposes of 35 sections 260.200 to [260.345] 260.295 and the regulations promulgated thereunder; 36 (11) "Conference, conciliation and persuasion", a process of verbal or written 37 communications consisting of meetings, reports, correspondence or telephone conferences 38 between authorized representatives of the department and the alleged violator. The process 39 shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the 40 department. During any such meeting, the department and the alleged violator shall negotiate 41 in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to 42 achieve compliance; 43 (12) "Construction and demolition waste", waste materials from the construction and 44 demolition of residential, industrial, or commercial structures, but shall not include materials 45 defined as clean fill under this section; 46 (13) "Demolition landfill", a solid waste disposal area used for the controlled disposal 47 of demolition wastes, construction materials, brush, wood wastes, soil, rock, concrete and 48 inert solids insoluble in water; 49 (14) "Department", the department of natural resources; HB 2761 3
50 (15) "Depolymerization", a manufacturing process in which post-use polymers are 51 broken into smaller molecules such as monomers and plastic and chemical feedstocks or 52 products; 53 (16) "Director", the director of the department of natural resources; 54 (17) "Disclosure statement", a sworn statement or affirmation, in such form as may be 55 required by the director of the department of natural resources, which includes: 56 (a) The full names and business address of key personnel; 57 (b) The full name and business address of any entity, other than a natural person, that 58 collects, transfers, processes, treats, stores, or disposes of solid waste in which all key 59 personnel holds an equity interest of seven percent or more; 60 (c) A description of the business experience of all key personnel listed in the 61 disclosure statement; 62 (d) For the five-year period ending on the date the sworn disclosure statement or 63 affirmation is signed by key personnel: 64 a. A listing organized by issuing federal, state, or county or county-equivalent 65 regulatory body of all environmental permits or licenses for the collection, transfer, treatment, 66 processing, storage, or disposal of solid waste issued to or held by any key personnel; 67 b. A listing and explanation of notices of violation which shall by rule be defined, 68 prosecutions, or other administrative enforcement actions resulting in an adjudication or 69 conviction; 70 c. A listing of license or permit suspensions, revocations, or denials issued by any 71 state, the federal government or a county or county equivalent, which are pending or have 72 concluded with a finding of violation or entry of a consent agreement regarding an allegation 73 of civil or criminal violation of law, regulation or requirement relating to the collection, 74 transfer, treatment, processing, storage, or disposal of solid waste or violation of the 75 environmental statutes of other states or federal statutes; 76 d. An itemized list of all felony convictions under the laws of the state of Missouri or 77 the equivalent thereof under the laws of any other jurisdiction; and a listing of any findings of 78 guilt for any crimes or criminal acts an element of which involves restraint of trade, price- 79 fixing, intimidation of the customers of another person or for engaging in any other acts 80 which may have the effect of restraining or limiting competition concerning activities 81 regulated pursuant to this chapter or similar laws of other states or the federal government 82 including, but not limited to, racketeering or violation of antitrust laws of any key personnel; 83 (18) ["District", a solid waste management district established under section 260.305; 84 (19)] "Financial assurance instrument", an instrument or instruments, including, but 85 not limited to, cash or surety bond, letters of credit, corporate guarantee or secured trust fund, 86 submitted by the applicant to ensure proper closure and postclosure care and corrective action HB 2761 4
87 of a solid waste disposal area in the event that the operator fails to correctly perform closure 88 and postclosure care and corrective action requirements, except that the financial test for the 89 corporate guarantee shall not exceed one and one-half times the estimated cost of closure and 90 postclosure. The form and content of the financial assurance instrument shall meet or exceed 91 the requirements of the department. The instrument shall be reviewed and approved or 92 disapproved by the attorney general; 93 [(20)] (19) "Flood area", any area inundated by the one hundred year flood event, or 94 the flood event with a one percent chance of occurring in any given year; 95 [(21)] (20) "Gasification", a manufacturing process through which recovered 96 feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient 97 atmosphere and the mixture is converted into reuseable plastic and chemical feedstocks or 98 products; 99 [(22)] (21) "Household consumer", an individual who generates used motor oil 100 through the maintenance of the individual's personal motor vehicle, vessel, airplane, or other 101 machinery powered by an internal combustion engine; 102 [(23)] (22) "Household consumer used motor oil collection center", any site or facility 103 that accepts or aggregates and stores used motor oil collected only from household consumers 104 or farmers who generate an average of twenty-five gallons per month or less of used motor oil 105 in a calendar year. This section shall not preclude a commercial generator from operating a 106 household consumer used motor oil collection center; 107 [(24)] (23) "Household consumer used motor oil collection system", any used motor 108 oil collection center at publicly owned facilities or private locations, any curbside collection 109 of household consumer used motor oil, or any other household consumer used motor oil 110 collection program determined by the department to further the purposes of sections 260.200 111 to [260.345] 260.295; 112 [(25)] (24) "Infectious waste", waste in quantities and characteristics as determined 113 by the department by rule, including isolation wastes, cultures and stocks of etiologic agents, 114 blood and blood products, pathological wastes, other wastes from surgery and autopsy, 115 contaminated laboratory wastes, sharps, dialysis unit wastes, discarded biologicals known or 116 suspected to be infectious; provided, however, that infectious waste does not mean waste 117 treated to department specifications; 118 [(26)] (25) "Key personnel", the applicant itself and any person employed by the 119 applicant in a managerial capacity, or empowered to make discretionary decisions with 120 respect to the solid waste operations of the applicant in Missouri, but shall not include 121 employees exclusively engaged in the physical or mechanical collection, transfer, 122 transportation, treatment, processing, storage, or disposal of solid waste and such other 123 employees as the director of the department of natural resources may designate by regulation. HB 2761 5
124 If the applicant has not previously conducted solid waste operations in Missouri, the term also 125 includes any officer, director, partner of the applicant, or any holder of seven percent or more 126 of the equity or debt of the applicant. If any holder of seven percent or more of the equity or 127 debt of the applicant or of any key personnel is not a natural person, the term includes all key 128 personnel of that entity, provided that where such entity is a chartered lending institution or a 129 reporting company under the federal Securities Exchange Act of 1934, the term does not 130 include key personnel of such entity. Provided further that the term means the chief executive 131 officer of any agency of the United States or of any agency or political subdivision of the state 132 of Missouri, and all key personnel of any person, other than a natural person, that operates a 133 landfill or other facility for the collection, transfer, treatment, processing, storage, or disposal 134 of nonhazardous solid waste under contract with or for one of those governmental entities; 135 [(27)] (26) "Lead-acid battery", a battery designed to contain lead and sulfuric acid 136 with a nominal voltage of at least six volts and of the type intended for use in motor vehicles 137 and watercraft; 138 [(28)] (27) "Major appliance", clothes washers and dryers, water heaters, trash 139 compactors, dishwashers, conventional ovens, ranges, stoves, woodstoves, air conditioners, 140 refrigerators and freezers; 141 [(29)] (28) "Mechanical processing", any mechanical, manual, or other method that 142 transforms a recoverable material into a specification-grade commodity. Mechanical 143 processing is often multistep with different steps at different locations and involves recycling 144 that is a series of activities that may include collection, processing, or brokering and shall 145 result in subsequent consumption by a materials manufacturer; 146 [(30)] (29) "Mercuric-oxide battery" or "mercury battery", a battery having a 147 mercuric-oxide positive electrode, a zinc negative electrode, and an alkaline electrolyte, 148 including mercuric-oxide button cell batteries generally intended for use in hearing aids and 149 larger size mercuric-oxide batteries used primarily in medical equipment; 150 [(31)] (30) "Mill scale and slag", coproducts of the steel manufacturing process that 151 are managed, used, or placed as items of value in a controlled manner but do not include 152 byproducts that are a result of the steel manufacturing process that would otherwise qualify as 153 hazardous waste; 154 [(32)] (31) "Minor violation", a violation which possesses a small potential to harm 155 the environment or human health or cause pollution, was not knowingly committed, and is not 156 defined by the United States Environmental Protection Agency as other than minor; 157 [(33)] (32) "Motor oil", any oil intended for use in a motor vehicle, as defined in 158 section 301.010, train, vessel, airplane, heavy equipment, or other machinery powered by an 159 internal combustion engine; 160 [(34)] (33) "Motor vehicle", as defined in section 301.010; HB 2761 6
161 [(35)] (34) "Operator" and "permittee", anyone so designated, and shall include cities, 162 counties, other political subdivisions, authority, state agency or institution, or federal agency 163 or institution; 164 [(36)] (35) "Permit modification", any permit issued by the department which alters 165 or modifies the provisions of an existing permit previously issued by the department; 166 [(37)] (36) "Person", any individual, partnership, limited liability company, 167 corporation, association, trust, institution, city, county, other political subdivision, authority, 168 state agency or institution, or federal agency or institution, or any other legal entity; 169 [(38)] (37) "Plasma arc technology", a process that converts electrical energy into 170 thermal energy. This electric arc is created when an ionized gas transfers electric power 171 between two or more electrodes; 172 [(39)] (38) "Postclosure plan", plans, designs and relevant data which specify the 173 methods and schedule by which the operator shall perform necessary monitoring and care for 174 the area after closure to achieve the purposes of sections 260.200 to [260.345] 260.295 and 175 the regulations promulgated thereunder; 176 [(40)] (39) "Post-use polymer", a plastic polymer to which all of the following apply: 177 (a) It is derived from any industrial, commercial, agricultural, or household activities; 178 (b) The plastic's use or intended use is as a feedstock for the manufacturing of other 179 feedstocks, raw materials, recycled plastics, or intermediate products or final products using 180 advanced recycling; 181 (c) The plastic has been presorted or diverted from solid waste and other regulated 182 waste but may contain residual amounts of solid waste such as organic material and incidental 183 contaminants or impurities such as paper labels and metal rings; and 184 (d) The plastic is converted at an advanced recycling facility or held at such facility 185 prior to conversion; 186 [(41)] (40) "Pyrolysis", a manufacturing process through which post-use polymers are 187 heated in the absence of oxygen until melted and thermally decomposed and are then cooled, 188 condensed, and converted into reuseable plastic and chemical feedstocks or raw constituents 189 to be used for manufacturing of new products; 190 [(42)] (41) "Recovered feedstock", one or more of the following materials that has 191 been processed so that it may be used as input feedstock in an advanced recycling facility, 192 excluding municipal solid waste or feedstocks mixed with solid waste or hazardous waste: 193 (a) Post-use polymers that are source-separated or have been recovered or diverted 194 from a waste stream for reuse; or 195 (b) Materials for which the United States Environmental Protection Agency has made 196 a nonwaste determination or has otherwise determined are feedstocks and not solid waste; HB 2761 7
197 [(43)] (42) "Recovered materials", those materials which have been diverted or 198 removed from the solid waste stream for sale, use, reuse or recycling, whether or not they 199 require subsequent separation and processing; 200 [(44)] (43) "Recycled content", any raw product used as a constituent for the 201 manufacturing of new products that is generated as a result from mechanical processing or 202 advanced recycling shall be considered recycled content. Recycled content includes, but is 203 not limited to, the proportion of fiber in a newspaper that is derived from postconsumer waste 204 and recycled plastics as defined in this section; 205 [(45)] (44) "Recycled plastics", plastics produced from mechanical recycling using 206 preconsumer recovered materials and postconsumer materials or from advanced recycling 207 feedstocks or advanced recycling products via mass balance attribution certified under an 208 approved certification system. Recycled plastics shall be considered recycled content as 209 defined in this section; 210 [(46)] (45) "Recycling", the separation and reuse of materials which might otherwise 211 be disposed of as solid waste; 212 [(47)] (46) "Resource recovery", a process by which recy