260.567. Application for voluntary remediation, requirements, form, fee--review by department--duties of applicant, reports--remedial action plan, review of--duties.

MISSOURI STATUTES AND CODES

260.567. Application for voluntary remediation, requirements, form, fee--review by department--duties of applicant, reports--remedial action plan, review of--duties.

Application for voluntary remediation, requirements, form, fee--reviewby department--duties of applicant, reports--remedial actionplan, review of--duties.

260.567. 1. Any person, including but not limited to aperson acquiring, disposing of or possessing a lienholderinterest on real property or other circumstances as may beestablished by rule involving real property that is known to beor suspected to be contaminated by hazardous substances, mayapply to remediate the real property with oversight by thedepartment of natural resources. Such application shall be madeon forms provided by the department and shall include thelocation of the real property, the legal description of the realproperty, a general description of the nature of the operationsand activities and the dates, if known, that such activitiesoccurred on the real property, the names of known past andpresent owners of the real property, a description of the natureand extent of known or suspected contamination and an applicationfee of two hundred dollars.

2. The department shall review the application. Thedepartment shall approve or deny all applications received priorto January 1, 1995, by April 1, 1995. The department shallapprove or deny all applications received on or after January 1,1995, within ninety days of receipt of the application. Thedepartment shall approve the application unless the departmentdetermines that the contamination present or suspected to bepresent is such as to warrant action under sections 260.350 to260.480, as amended, the Resource Conservation and Recovery Act,42 U.S.C. section 6901 et seq., as amended, or the ComprehensiveEnvironmental Response, Compensation and Liability Act, 42 U.S.C.section 9601 et seq., as amended, in which case the departmentshall deny the request. If the applicant chooses to continue toremediate the real property under the provisions of sections260.565 to 260.575, the department shall execute a site-specificoversight agreement with the applicant following approval of theapplication.

3. Following the approval of an application and executionof an oversight agreement, the applicant shall submit a copy ofall reports prepared concerning the results of any siteassessments, investigations, sample collections and sampleanalyses including, at a minimum, a Phase I environmental siteassessment, to the department. The department shall review thereports submitted and comment, within one hundred and eightydays, on the nature and extent of any additional requiredenvironmental site assessments to be conducted on the realproperty. The department shall require the applicant to post adeposit, not to exceed five thousand dollars, which shall beused, upon appropriation, to cover the site-specific costs to thedepartment. Moneys shall be transmitted to the director of thedepartment of revenue for deposit in the state treasury. Thedeposit may be satisfied by cash or a letter of credit issued bya Missouri bank.

4. Prior to the conducting of any additional environmentalsite assessments, if any, the department shall approve all workplans appropriate for the scope of the assessment.

5. The department shall review reports of any additionalenvironmental site assessments and make a determination, withinone hundred and eighty days, of any required remedial actions.If the department determines that no remedial action is required,the applicant shall submit, if required by the director, amonitoring plan to the department. Upon approval by thedirector, the plan, if required, shall be implemented by theapplicant. If the department determines that remediation isrequired, the applicant shall submit a remedial action plan tothe department for any contamination identified in theenvironmental site assessments.

6. The department shall review the remedial action plan.Remedial action plans shall include work plans, safety plans, andtesting protocols. In addition, remedial action plans shallinclude appropriate monitoring plans. The department shall,within ninety days, approve the plan if the plan satisfies therequirements of this section.

7. Following approval of the remedial action plan by thedepartment, the applicant shall implement the remedial actionplan.

8. During the implementation of the remedial action plan,the applicant shall submit to the department, on forms providedby the department, quarterly progress reports of such remedialaction.

9. The applicant shall submit to the department a copy ofall reports prepared concerning such remedial action.

10. The department shall review the remedial actionconducted in accordance with the provisions of the approvedremedial action plan.

11. Nothing in sections 260.565 to 260.575 shall limit theright of an applicant to terminate participation upon providingwritten notification to the department. Upon receipt of noticeof termination from the applicant, the department shall refundany remaining deposit balance, after incurred costs are deducted,within sixty days.

12. Nothing in sections 260.565 to 260.575 shall limit thedepartment's or the commission's authority to administer sections260.350 to 260.480 or any rules promulgated thereunder.

13. The applicant may appeal any action of the departmentunder sections 260.565 to 260.575 to the hazardous wastemanagement commission within thirty days of such action.