260.569. Reimbursement for costs to department, computation--deposit of funds--termination from participation by department, when--refund of balance, when.

MISSOURI STATUTES AND CODES

260.569. Reimbursement for costs to department, computation--deposit of funds--termination from participation by department, when--refund of balance, when.

Reimbursement for costs to department, computation--deposit offunds--termination from participation by department, when--refundof balance, when.

260.569. 1. The department shall be reimbursed for its site-specificcosts incurred in administration and oversight of the voluntary cleanup.The department shall bill applicants who conduct the voluntary cleanup atrates established by rule by the hazardous waste management commission.Such rates shall not be more than the lesser of the costs to the departmentor one hundred dollars per hour. The department shall furnish to theapplicant a complete, full and detailed accounting of the costs incurred bythe department for which the applicant is charged. The applicant mayappeal any charge to the commission within thirty days of receipt of thebill. Appeal to the commission shall stay the required payment date untilthirty days following the rendering of the decision of the commission. Thedepartment of natural resources shall initially draw down its chargesagainst the application fee. Timely remittance of reimbursements, asprovided in subsection 3 of this section, to the department is a conditionof continuing participation. If, after the conclusion of the remedialaction, a balance remains, the department shall refund that amount withinsixty days. If the department fails to render any decision or take anyaction within the time period specified in sections 260.565 to 260.575,then the applicant shall not be required to reimburse the department forcosts incurred for such review or action.

2. All funds remitted by the applicant conducting the voluntarycleanup shall be deposited into the hazardous waste fund created in section260.391 and shall be used by the department upon appropriation for itsadministrative and oversight costs.

3. The department may terminate an applicant from furtherparticipation for cause. Grounds for termination include, but are notlimited to:

(1) Discovery of conditions such as to warrant action pursuant tosections 260.350 to 260.480, as amended, the Resource Conservation andRecovery Act, 42 U.S.C. Section 6901 et seq., as amended, or theComprehensive Environmental Response, Compensation and Liability Act, 42U.S.C. Section 9601 et seq., as amended;

(2) Failure to submit cost reimbursements within sixty days followingnotice from the department that such reimbursements are due;

(3) Failure to submit required information within ninety daysfollowing notice from the department that such information is required;

(4) Failure to submit a remedial action plan within ninety daysfollowing notice from the department that such plan is due;

(5) Failure to properly implement the remedial action plan; and

(6) Continuing noncompliance with any of the provisions of sections260.565 to 260.575 or the rules and regulations promulgated pursuant tosections 260.565 to 260.575.

4. Upon termination pursuant to subdivision (1) of subsection 3 ofthis section or subsection 11 of section 260.567, if there is a balance inthe applicant's application fee after deducting costs incurred by thedepartment of natural resources, such balance shall be refunded withinsixty days. Upon termination pursuant to subdivisions (2) to (6) ofsubsection 3 of this section, if a balance remains in the applicant'sapplication fee, such balance shall be forfeited and deposited in thehazardous waste fund.