260.431. Buffer zone required, commercial facility, how determined--limitations, requirements, certain facilities. - Missouri Statutes

Buffer zone required, commercial facility, howdetermined--limitations, requirements, certain facilities.

260.431. 1. The department of natural resources shall notissue a permit to an applicant for a commercial hazardous wastefacility for the treatment of such waste by incineration in anycounty unless the facility meets the conditions established inthis section. For the purposes of this section, a commercialhazardous waste facility is a facility designed to treathazardous waste by incineration for a fee regardless of wheresuch waste is generated. Any commercial hazardous wastefacility which treats waste by incineration shall be located soas to provide a health and safety buffer zone. The size andnature of the buffer zone shall be determined by the departmentbut shall extend at least three hundred feet from the facility,on property owned or leased by the applicant. The departmentshall consider the proximity of schools, businesses and houses,the prevailing winds and other factors which it deems relevantwhen establishing a buffer zone.

2. In any unincorporated area of any county, where thereare no zoning requirements, where a commercial hazardous wasteor solid waste facility designed to treat such waste byincineration is to be located in an area where fire and policeprotection is not provided by a municipality or county, awritten agreement to provide for fire and police protection fromsurrounding municipalities, counties or the state of Missouri,including a provision for the use of special units particularlytrained for a hazardous waste or solid waste emergency in theevent that such an emergency occurs, shall be approved by thedepartment for the protection of the citizens of the area beforea permit may be issued. The department shall at least once ayear conduct an unannounced inspection of each commercialhazardous waste and solid waste incinerator to ensure suchincinerators are operated in compliance with this chapter.

3. Any hazardous waste treatment facility which is sited asa result of a court settlement or an out-of-court agreementwhich is designed to treat hazardous waste at a single site orgroup of sites shall not be granted a permit for greater than afive-year period at any one specific location and no renewalpermit shall be issued for a treatment facility located at asite permitted originally for such a hazardous waste treatmentfacility. If the department purports to issue such a renewalpermit, such action shall be invalid ab initio.

(L. 1990 S.B. 530)

Effective 7-9-90