Mo. Code Regs. Ann. tit. 10, § 25-7.265
PURPOSE: This rule incorporates 40 CFR part 265 by reference and sets forth additional state standards.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(2) The owner or operator of a treatment, storage, or disposal (TSD) facility shall comply with the requirements noted in this section in addition to requirements set forth in 40 CFR part 265 incorporated in this rule. (Comment: This section has been organized so that all Missouri additions, changes, or deletions to any subpart of the federal regulations are noted within the corresponding subsection of this section. For example, the additional requirements to be added to 40 CFR part 265 subpart A are found in subsection (2)(A) of this rule.)
(A) General. In addition to the requirements in 40 CFR part 265 subpart A, the following regulations also apply:
operate a hazardous waste treatment, storage, or disposal facility pursuant to section 260.395.15, RSMo, 10 CSR 25-7.265, and 10 CSR 25-7.270 until the final administrative disposition of the permit application is made or until interim status is terminated pursuant to 10 CSR 25-7.270. The owner or operator of a facility or unit operating under state interim status shall comply with the requirements of this rule and 10 CSR 25- 7.270. In addition to providing notification to the Environmental Protection Agency (EPA), the owner or operator is required to provide state notification in accordance with 10 CSR 25-7.270.
(E) Manifest System, Record Keeping, and Reporting. This subsection sets forth standards which modify or add to those requirements in 40 CFR part 265 subpart E.
with the reporting requirements in 10 CSR 25-5.262(2)(D) regardless of whether the owner or operator is required to register as a generator pursuant to 10 CSR 25- 5.262(2)(A)1.
CSR 25-5.262(2)(D) for hazardous waste generated on-site and shipped off-site for treatment, storage, or disposal, the owner or operator shall meet the same requirements for the following:
site during the reporting period that is managed on-site; and
off-site during the reporting period, including hazardous waste generated by another generator and hazardous waste generated at other sites under the control of the owner or operator.
required in 10 CSR 25-5.262(2)(D), an owner or operator shall include the following information in the summary report:
each hazardous waste that was both generated and managed on-site during the reporting period;
received from off-site, a description and the quantity of each hazardous waste and the corresponding state and EPA identification numbers of each generator;
of the foreign generator;
treatment, storage, disposal, or other approved management method used for each hazardous waste.
RSMo, all owners or operators pay a fee to the department of two dollars ($2) per ton or portion thereof for any and all hazardous waste received from outside of Missouri. This fee is referred to as the Out-of-State Waste Fee and is not paid on hazardous waste received directly from other permitted treatment, storage, and disposal facilities located in Missouri.
fee shall be paid on or before January 1 of each year and is based on the total tons of hazardous waste received in the aggregate by that owner or operator for the twelve- (12-) month period ending the previous June 30. As outlined in section 260.380.4, RSMo, failure to pay this fee in full by the due date shall result in imposition of a late fee equal to fifteen percent (15%) of the total original fee. Each twelve- (12-) month period ending on June 30 is referred to as a reporting year.
are not required, to pay this fee on a quarterly basis at the time they file the reporting specified in subparagraphs (2)(E)3.B. and C. of this rule. If they do not choose to pay the fee quarterly, owners or operators may elect, but are not required, to pay the fee at the time they file their final quarterly or annual report of each reporting year. However, the total fee for each reporting year must be paid on or before January 1 immediately following the end of each reporting year. EXAMPLES OF OUT-OF-STATE WASTE FEE CALCULATION
Example 1. ABC Company reports receiving 250 tons of hazardous waste from outside of Missouri:
$2 × 250 tons = $500 fee
Example 2. ABC Company reports receiving 410.6 tons of hazardous waste from outside of Missouri. The number of tons would be rounded to 411.
$2 × 411 tons = $822 fee
Example 3. ABC Company reports receiving 52,149.3 tons of hazardous waste from outside of Missouri. The number of tons would be rounded to 52,150.
$2 × 52,150 tons = $104,300 fee
AUTHORITY : sections 260.370, 260.390, and 260.395, RSMo 2016.* Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Aug. 14, 1986, effective Jan. 1, 1987. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June 3, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019.
*Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1973, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.