260.228. Failure to implement closure, postclosure plan or corrective action plan, forfeiture of collateral, when. - Missouri Statutes

Failure to implement closure, postclosure plan or corrective actionplan, forfeiture of collateral, when.

260.228. 1. If the operator of a solid waste disposal area fails toproperly implement the closure or postclosure plan or the corrective actionplan required for a sanitary or demolition landfill, the director shallorder the operator to implement such plan. Such an order shall be issuedprior to closure if the department determines that the area has notoperated for a period of ninety days and implementation of the closure planis necessary to prevent a public nuisance or to protect the public health.

2. The department shall give written notice to the operator of anyviolation of sections 260.226 and 260.227, or noncompliance with any of therules and regulations promulgated by the department under sections 260.226and 260.227. If corrective measures approved by the department are notcommenced within a specified and reasonable time, the department shallorder forfeiture of all or that part of the operator's collateral necessaryto implement the closure and postclosure and corrective action plans. Anyoperator aggrieved by a forfeiture order may appeal as provided in section260.235. Forfeited collateral shall be placed into the general revenuefund to be appropriated to and expended by the department to implement theclosure and postclosure plans. If the operator's financial assuranceinstrument is insufficient for implementation of the closure andpostclosure and corrective action plans, the department shall institute acivil action in a court of competent jurisdiction to recover from theoperator all additional costs incurred.

(L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112)