Effective 09 Jul 1990, see footnote

260.431. Buffer zone required, commercial facility, how determined — limitations, requirements, certain facilities. — 1. The department of natural resources shall not issue a permit to an applicant for a commercial hazardous waste facility for the treatment of such waste by incineration in any county unless the facility meets the conditions established in this section. For the purposes of this section, a commercial hazardous waste facility is a facility designed to treat hazardous waste by incineration for a fee regardless of where such waste is generated. Any commercial hazardous waste facility which treats waste by incineration shall be located so as to provide a health and safety buffer zone. The size and nature of the buffer zone shall be determined by the department but shall extend at least three hundred feet from the facility, on property owned or leased by the applicant. The department shall consider the proximity of schools, businesses and houses, the prevailing winds and other factors which it deems relevant when establishing a buffer zone.

2. In any unincorporated area of any county, where there are no zoning requirements, where a commercial hazardous waste or solid waste facility designed to treat such waste by incineration is to be located in an area where fire and police protection is not provided by a municipality or county, a written agreement to provide for fire and police protection from surrounding municipalities, counties or the state of Missouri, including a provision for the use of special units particularly trained for a hazardous waste or solid waste emergency in the event that such an emergency occurs, shall be approved by the department for the protection of the citizens of the area before a permit may be issued. The department shall at least once a year conduct an unannounced inspection of each commercial hazardous waste and solid waste incinerator to ensure such incinerators are operated in compliance with this chapter.

3. Any hazardous waste treatment facility which is sited as a result of a court settlement or an out-of-court agreement which is designed to treat hazardous waste at a single site or group of sites shall not be granted a permit for greater than a five-year period at any one specific location and no renewal permit shall be issued for a treatment facility located at a site permitted originally for such a hazardous waste treatment facility. If the department purports to issue such a renewal permit, such action shall be invalid ab initio.

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(L. 1990 S.B. 530)

Effective 7-09-90