Effective 28 Aug 1990

260.432. Hazardous waste, collection of small quantities, department to administer — fees — department may enter into contracts for collection — disposal in landfills prohibited, when. — 1. The department of natural resources shall establish and promote a program for the collection and disposition of small quantities of hazardous waste from persons, firms, corporations, state departments and institutions, and political subdivisions. The program shall provide for the periodic collection of hazardous waste at points reasonably accessible to all parts of the state. The department may allow small quantity hazardous waste generators to utilize the program on a case by case basis.

2. The department shall establish maximum amounts of hazardous waste which may be accepted without fee or charge from any person at any one collection point. The department may accept additional quantities of hazardous waste; however, in such instances a fee shall be charged in an amount up to that which reflects the actual cost of collecting, handling, transporting, and treating or disposing of the additional quantity of hazardous waste.

3. The department may contract for the collection and disposition of hazardous waste as provided by this section with any person or firm authorized to transport, treat, recover or dispose of hazardous waste under sections 260.350 to 260.430, or the federal Resource Conservation and Recovery Act, P.L. 94-580, as amended. The department may use appropriations and accept funds, gifts and services from public and private agencies, businesses or individuals for the purpose of carrying out the provisions of this section.

4. The department shall promulgate rules and regulations necessary to carry out the provisions of this section. The department shall not delegate any authority to promulgate rules and regulations to any person with whom or any firm with which it has executed a contract for services as provided in subsection 3 of this section.

5. (1) The department shall ensure the safe collection and disposal of small quantities of hazardous waste by the date established in this section and shall ensure that such disposal is available to small quantity generators of hazardous waste throughout the state;

(2) After January 1, 1994, small quantities of hazardous waste which are exempt from regulation under the provisions of sections 260.350 to 260.434, except de minimis amounts, shall not be placed in a sanitary landfill;

(3) Any person convicted of knowingly placing small quantities of hazardous waste in a sanitary landfill shall be guilty of an infraction.

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(L. 1986 H.B. 875 & 1649 § 1, A.L. 1990 S.B. 530)