SCS/SB 1040 - This act creates a joint committee appointed by the Speaker of the House and President Pro Tem of the Senate to examine the present hazardous waste fee structure and ultimately make a recommendation to the Governor and the General Assembly regarding how to more fairly apportion the cost of services provided among those that benefit from the services by December 31, 2004.

This act allows Missouri's treatment storage and disposal facilities receiving hazardous waste from out-of-state generators to submit registration describing type and quantity of hazardous waste received from out-of-state generators and fee information to DNR. The act allows out-of-state hazardous waste generators to avoid the registration requirement in Section 260.380.1(1) and (8) if they have complied with the previously mentioned registrations under Section 260.375(11).

From August 28, 2004, to August 28, 2005, 10% of the fund, not exceeding $800,000, will be available to promote the development and maintenance of markets for recovered materials. Up to 19% of the revenues will be used to administer the management and education of household and agricultural hazardous waste from family farms and corporations. After August 28, 2005, the amount will change from $800,000 to $1 million, and the percentage will change from 19% to 15%. From August 28, 2004, to August 28, 2005, up to 42% of the revenues will be used to eliminate illegal solid waste disposal, identify and prosecute persons disposing of solid waste illegally, conduct solid waste permitting activities, administer grants, and perform other duties. At least 58% of the revenues will be allocated through grants to participating cities, counties, and districts. After August 28, 2005, the percentages will increase to 25% and 50% respectively. Sixty percent of the revenue generated within each region will be allocated to the cities and counties of the district or to persons or entities providing solid waste management, waste reduction, or recycling services in the district. From August 28, 2004, to August 28, 2005, each district will receive a minimum of $75,000; and thereafter, each district will receive a minimum of $45,000. Any remaining moneys in the fund will be used to provide grants for statewide solid waste management planning or research projects including contracted services.

Missouri treatment, storage, and disposal facilities that receive hazardous material from out-of-state generators are allowed to submit registration and reporting information in a format prescribed by the Department of Natural Resources describing the types and quantities of hazardous waste received from the out-of-state generator. As long as the facility submits this information to the department, the out-of-state generator will not be required to do so. The facility is also responsible for paying all fees and taxes on behalf of the out-of-state generator. If moneys owed are not transmitted in the time frame established, interest will be imposed at the rate of 10% per annum from the due date. The percent amounts on fees collected or received by the department for hazardous waste are revised. Forty percent will go to the Hazardous Waste Remedial Fund, and 60% will go to the Hazardous Waste Fund. This fee will expire June 30, 2006, except that the department will levy and collect this fee for any hazardous waste generated prior to the date and reported to the department.

The act has an emergency clause.
HENRY HERSCHEL