HCS/SCS/SBs 60 & 112 - SOLID WASTE FLOW CONTROL - Existing law provides authority for certain cities or counties to require all solid waste generated in the region to go to a certain facility (flow control). These sections, currently affecting St. Charles County and Greene County, are repealed by the act.

LANDFILL PERMITS - On and after January 1, 1996, a construction permit will be required for any new applicant wishing to construct a solid waste processing facility or disposal area. The maximum construction permit review period is reduced from 24 months to 12 months. A construction permit application must demonstrate that the proposed landfill complies with all local planning and zoning requirements. The Department of Natural Resources shall not issue a permit until the city or county verifies that the applicant complies with all applicable zoning requirements, building and health codes and other orders and ordinances.

On and after January 1, 1996, an operating permit will be required for any new applicant wishing to operate a solid waste processing facility or disposal area. The Department shall approve or disapprove applications for operating permits within sixty days.

Prior to applying for a construction permit, an applicant must: 1) request and obtain preliminary site approval from the Department; and 2) conduct geologic and hydrologic investigation of the site according to an approved plan and obtain approval from the Department. The Department shall conduct the preliminary site review and provide a report within sixty days of the request.

Permits shall be transferable as a permit modification. The act expands the list of violations which must be disclosed to the Department for determining "habitual violator" status, and an annual update shall be filed by each permitted facility.

The act requires sanitary landfill and demolition waste landfill operators to provide financial assurance instruments for corrective action and to take corrective action as required under rules of the Department.

Disposal area operators shall provide for oversight of certain inspections and measurements related to closure of a site or corrective action.

A construction or operating permit shall not be required for a utility waste landfill in certain counties (currently Barton County) so long as the utility waste landfill complies with all design and operating standards and closure requirements for utility waste landfills.

USED MOTOR OIL DISPOSAL - Funds may be appropriated to the Department of Natural Resources to provide technical assistance to local governments and conduct public education programs on handling used motor oil and grants to local governments to create household consumer used motor oil collection systems. The Department shall establish a telephone number to disseminate information regarding the location and operation of used motor oil collection centers. The Department shall establish a durable and legible sign suitable to inform the public of the importance of proper collection, recycling or disposal of used motor oil. The Department may promulgate rules to administer the used motor oil program.

This portion of the act is similar to SB 126 from 1995.

WASTE TIRES - The term "tire" shall include tires used on any vehicle not used exclusively on tracks (such as light rail), except that family farm tractor and implement tires are excluded from the definition. The use of baled or compressed tires in structures or erosion control is considered a waste tire "end use".

The act establishes criminal penalties for unlawful hauling, collecting or processing of waste tires (currently only disposal is subject to criminal penalty). The first violation remains a Class C misdemeanor, the second violation shall remain a Class A misdemeanor and any third or subsequent violation may also be punishable by a fine of up to five thousand dollars and the court may order restitution.

Waste tire processors shall be permitted by the Department. Waste tire end-user facilities shall be registered with the Department. The Department shall, by January 1, 1996, promulgate the rules needed to permit waste tire processing and register end-user facilities. Waste tire sites may be maintained by registered end-users. Beginning August 28, 1997, no new waste tire sites may be permitted except at a processing or end-user facility. Existing tire sites may not accept additional tires unless an equal number of tires are shipped from the site within 30 days. A processing or end-user facility may maintain an inventory of up to six month's supply of unprocessed tires and up to one year's supply of processed tires.

All retailers shall accept an equal number of waste tires from a customer buying tires, and may charge a reasonable fee which reflects the costs for disposal of such tires, except that the fee may not exceed two dollars per tire for tires designed to fit wheels of 16 inch diameter or less. The amount of the tire fee retained by the retailer is increased from five to six percent. Any person buying a new tire may present to the retailer the replaced tire. All retailers shall use a permitted tire hauler, except that businesses which generate waste tires may haul those tires without a permit. Retailers shall not be liable for illegal disposal of tires delivered to a permitted hauler or processor or a registered end-user.

The Department shall, by January 1, 1996, promulgate rules for record keeping procedures for retailers, haulers, collections centers, tire sites, processing facilities and end-user facilities. Detailed record keeping shall not be required for voluntary tire cleanup programs. The Department may request a prosecutor to institute a prosecution for any waste tire law violation.

The exemption from the fifty cent waste tire fee for tires exempt from sales tax is removed, and the waste tire fee is extended until January 1, 2001. The fees shall be used for the following purposes: 1) up to 5% for educational programs; 2) up to 25% for administration; 3) up to 5% for grants; and 4) the remainder shall be used for cleanups under section 260.276. The Department and the Environmental Improvement and Energy Resources Authority shall administer the grant program for converting facilities to use waste tires.

Financial assurance may be required for tires placed at a tire site. The amount of the financial assurance shall be based on actual bids received by the Department for similar waste tire cleanups.

The Department shall conduct cleanup of illegal tire sites, subject to appropriation. First priority for cleanup shall be given to sites owned by persons showing evidence that they did not create the nuisance condition or violation at the site and the Attorney General shall not seek to recover cleanup costs from the owners of such sites. A charitable or nonprofit organization may bid to conduct such cleanup operations. Organizations which voluntarily clean up land or water resources may turn in waste tires under rules established by The Department.

Any person who has been found guilty of a waste tire law violation involving the transport of waste tires within the past two years shall be required to post a performance bond or letter of credit of $10,000 as a requirement to obtain a permit to haul waste tires. The bond shall be forfeited upon a violation of the waste tire law by the permittee. The requirement to maintain the bond shall expire after two consecutive years in which the person has not been found in violation of the waste tire law.

SOLID WASTE MANAGEMENT PLANS - Section 260.325 is reenacted. This section was recently ruled unconstitutional in the Circuit Court of Cole County. The act provides that funds may be made available from the Solid Waste Management Fund to implement plans required under this section of the act.

SOLID WASTE MANAGEMENT FUND - The Environmental Improvement and Energy Resources Authority (EIERA) shall establish a measure of the effectiveness of the grant program to develop and maintain markets for recycled materials. Current law allocates one million dollars per year to the grant program ending with fiscal year 1997. The act provides funding in 1998 and later years at the lesser of one million dollars or ten percent of the solid waste management fund, and up to fifteen percent of such funds may be appropriated to administer the management of household hazardous waste and agricultural hazardous waste from family farms. The allocation of the solid waste management fund (after expenditures for market development and household hazardous waste are made) shall be as follows:

1) Up to 10% for elimination of illegal dumping; 2) Up to 15% for administration; 3) At least 50% for grants to cities, counties and solid waste management districts as follows: (a) up to 40% may be allocated to districts for implementation of a solid waste management plan; (b) up to 60% may be allocated to cities and counties within the district; and (c) each district shall receive at least forty-five thousand dollars from these grants; 4) The remaining moneys in the fund shall be used for solid waste management project grants or loans to be administered by the Department. Districts may apply annually for three to one matching grants of up to twenty thousand dollars from these moneys. Project grant funds may be made available for the Used Motor Oil Disposal program.

The Department and EIERA shall conduct sample audits of grants, other than market development grants, provided from the solid waste management fund. The Department shall provide for a security interest in equipment purchased with solid waste management fund moneys.

The Department shall make all unencumbered funds generated in prior fiscal years by the state landfill fee available to cities, counties, districts and other persons to facilitate compliance with the statewide landfill disposal bans on major appliances, yard waste, waste oil and lead-acid batteries.

SOLID WASTE ADVISORY BOARD - The solid waste advisory board shall be composed of the chairman of the executive board of each solid waste management district and up to five additional members appointed by the Director of the Department. Up to two appointed members may represent the solid waste industry and at least one such member shall represent a locally-owned solid waste management business, and the remainder shall be public members who have demonstrated an interest in solid waste issues. An appointed member shall be removed from the board for failure to attend at least 50% of the board meetings in a year.

The act contains penalty provisions relating to management of waste tires and disclosure of confidential information.
OTTO FAJEN