COAL ASH (Sections 260.242-260.244) - This act gives the Department of Natural Resources the authority to promulgate rules for the management and risk-based closure of coal combustion residual surface impoundments and landfills. Such rules shall meet certain requirements as set forth in this act, and the Department shall have the authority to assess a one-time fee of $1600 per surficial acre, and an annual fee not to exceed $500 per acre for acres not officially closed beginning January 1, 2019. All funds received under this act shall be deposited into the Coal Combustion Residual Subaccount of the Solid Waste Management Fund and shall be dedicated to the Department for conducting activities relating to such impoundments and landfills.

Currently, all fly ash produced by coal combustion generating facilities shall be exempt from solid waste permitting requirements if such fly ash is reused or disposed of an inactive noncoal, non-open-pit mining operation located in a certain area, and is not considered hazardous waste. This act repeals this provision.

This provision is similar to provisions contained in HCS/SCS/SB 405 (2017).

MISSOURI BLASTING SAFETY ACT (Sections 319.318 & 319.337) - Currently, the fee paid to the Division of Fire Safety for using explosives may be set by rule, but shall not exceed $2 per ton. Under this act, the fee shall not exceed $7.50 per ton and any fee established by rule shall not yield revenue greater than the cost of administering the Missouri Blasting Safety Act. Such fee shall not apply to any entity regulated under the Surface Coal Mining Law.

This act prohibits any noise nuisance cause of action from being brought against a person operating under the Missouri Blasting Safety Act during ordinary business hours.

This provision is similar to SS/SB 293 (2017).

NUISANCE ACTIONS AGAINST PERMIT HOLDERS (Section 537.535) - This act specifies that a private nuisance action cannot be brought against a permittee in compliance with a related permit issued by the Department of Natural Resources, the United States Environmental Protection Agency, or the United States Army Corps of Engineers. Such immunity does no apply to holders of hazardous waste permits that are either for nuclear or radioactive waste or holders of sanitary landfill permits.

This provision is identical to SB 76 (2017), is substantially similar to HB 972 (2017), and is similar to SB 894 (2016) and SB 54 (2015).

KAYLA HAHN