260.204. Permit for treatment of infectious waste, not to be issued, when. - Missouri Statutes

Permit for treatment of infectious waste, not to be issued, when.

260.204. No person shall be issued a permit to operate afacility for the treatment of infectious waste who in 1987received a clean air permit and thereafter operated a facilityfor the treatment of infectious waste by incineration withoutapplying for and receiving a permit as a solid waste processingfacility permitted pursuant to section 260.203 or a hazardouswaste facility permitted pursuant to sections 260.350 to 260.430.

(L. 1988 S.B. 535)

Effective 5-5-88

(1990) Statute is a bill of attainder and special legislation where it singled out for legislative punishment those who in a specified year operated an infectious waste incinerator without particular permits but excluded others similarly situated. Statute is unconstitutional and invalid in its entirety. (Mo.banc) Bunker Res. Recycling & Rec. v. Mehan, 782 S.W.2d 381.

(1990) Where statute which prohibits issuance of permit to operate infectious waste treatment facility applies only to those persons or entities who received clean air permit in 1987, statute is a prohibited special law under the Missouri Constitution, since no reasonable basis existed for differential treatment of infectious waste disposers who received clean air permits in that year. Bunker Resource Recycling and Reclamation, Inc. v. Mehan, 782 S.W.2d 381 (Mo.banc.).