ADVANCED RECYCLING (Sections 260.200 & 260.205)

This act adds several definitions to provisions of law relating to solid waste management, including definitions for "advanced recycling" and "advanced recycling facility".

Under the act, advanced recycling facilities shall not be subject to provisions of law relating to the requirements to operate a solid waste facility or a solid waste disposal area of a solid waste management system, including obtaining a permit to operate such facility.

These provisions are similar to SB 1115 (2022)

PROCESSED RECYCLED ASPHALT SHINGLES (Sections 260.221 & 644.060)

Under this act, processed recycled asphalt shingles, as defined in the act, may be used for fill, reclamation, and other beneficial purposes without any permits relating to solid waste management or any permits relating to the Missouri Clean Water Law if the shingles are inspected for toxic and hazardous substances, provided that such shingles shall not be used for fill, reclamation, or other beneficial purposes within 500 feet of any lake, river, sink hole, perennial stream, or ephemeral stream, and shall not be used for such purposes below surface level and closer than 50 feet above the water table.

The act shall not be construed to authorize the abandonment, accumulation, placement, or storage of recycled asphalt shingles or processed asphalt shingles on any property without the consent of the property owner.

These provisions are substantially similar to provisions in the truly agreed CCS/SS/SCS/HCS/HB 1720 (2022) and provisions in SS/SCS/SB 918 (2022) and similar to SB 910 (2022), HCS/HB 2447 (2022), and provisions in HCS/SB 984 (2022), provisions in the perfected HCS/HB 2600 (2022).

HAZARDOUS WASTE MANAGEMENT (Sections 260.373, 260.437, 260.520)

Under the act, the Hazardous Waste Management Commission shall not promulgate rules that are stricter than, apply prior to, or apply mandatory obligations outside of the requirements of regulations promulgated pursuant to the Resource Conservation and Recovery Act.

The act repeals the Commission's authority to retain, modify, or repeal rules relating to:

1. Thresholds for determining whether a hazardous waste generator is a large quantity generator, small quantity generator, or conditionally exempt small quantity generator;

2. Rules requiring hazardous waste generators to display hazard labels on containers and tanks during the time hazardous waste is stored on-site;

3. The exclusion for hazardous secondary materials used to make zinc fertilizers; and

4. The exclusions for hazardous secondary materials that are burned for fuel or that are recycled.

The Commission shall promulgate rules for the reporting of hazardous waste activities to the Department of Natural Resources, effective beginning with the reporting period July 1, 2017-June 30, 2018, that allow for the submittal of reporting data in any format on an annual basis by large quantity generators and treatment storage and disposal facilities.

The act also repeals a requirement that the Department identify certain rules relating to hazardous waste in the Missouri Code of State Regulations that are inconsistent with certain rules promulgated by the Commission.

On December 31, 2017, any rule relating to hazardous waste, resource recovery, or used oil contained in the Missouri Code of State Regulations that remains inconsistent with certain rules promulgated by the Commission shall be null and void to the extent that such rule is inconsistent, and the least stringent rule shall control. Any rule that applies mandatory obligations outside of the requirements of certain federal regulations promulgated pursuant to Subtitle C of the Resource Conservation and Recovery Act, as amended, shall be null and void.

Except for provisions of law relating to voluntary remediation of contaminated real property, the Commission shall not promulgate rules that are stricter than, apply prior to, or apply mandatory obligations outside of the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, for provisions of law relating to abandoned or uncontrolled sites. The Commission shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies mandatory obligations outside of the federal regulations shall be null and void.

Except for provisions of law relating to voluntary remediation of contaminated real property, the Director of the Department of Natural Resources shall not promulgate rules that are stricter than, apply prior to, or apply mandatory obligations outside of the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, for provisions of law relating to the cleanup of hazardous substances. The Director shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies mandatory obligations outside of the federal regulations shall be null and void.

These provisions are identical to provisions in SS/SCS/SB 918 (2022) and similar to provisions in HB 2426 (2022).

PENALTIES ISSUED BY DNR (Section 640.095)

In instances where the Department of Natural Resources has authority to issue penalties and determines that a penalty should be levied, the Department is required to provide information as set forth in the act to the alleged violator in order for the alleged violator to understand the basis for the penalty. Any statement provided by the Department in compliance with this provision shall be treated as confidential information and shall not be disclosed to any party except the alleged violator.

This provision is identical to a provision in SS/SCS/SB 918 (2022) and substantially similar to a provision in HB 2426 (2022).

JAMIE ANDREWS