10 CSR 25-12.010
Fees and Taxes
PURPOSE: This rule identifies fees and taxes assessed for generators; transporters; applicants for licenses, certifications, and permits; owners or operators of hazardous waste treatment, storage,
resource recovery, and disposal facilities; and persons seeking
variances. (Note: The department bills for the Department of
Revenue but is not the collector of fees or taxes for Missouri.) This
rule is in addition to federal requirements. The fees in this rule are
based on the authority in sections 260.380.1(10)(d) and 260.475.8,
RSMo, to revise the hazardous waste fee structure through the
rulemaking process. The fees established in this rule are in effect
notwithstanding any conflicting language in any other rule regarding the amount of any of the fees listed in this rule.
(1) Registration of Generators of Hazardous Waste. The following constitutes the registration process for persons subject to
the registration requirements pursuant to 10 CSR 25-5.262:
(A) A person subject to registration shall file a completed
registration form furnished by the department. The department
requires an original ink signature on all registration forms
before processing. In the event the department develops the
ability to accept electronic submission of the registration
form, the signature requirement will be consistent with the
United States Environmental Protection Agency’s (EPA’s) Cross
Media Electronic Reporting Rule for an electronic signature on
documents. All generators located in Missouri shall use only
the Missouri version of the registration form;
(B) A generator registered as a small quantity generator
(SQG) shall comply with the re-notification requirements of 40
CFR 262.18(d) as modified by this paragraph beginning in 2025.
1. Beginning in 2025, any generator registration form
submitted to the department to meet the requirements of
subsections (A) or (B) of this section in the three (3) calendar
years prior to the current year will be considered to have met
the re-notification requirement;
(C) The department may request additional information,
including information concerning the nature and hazards
associated with a particular waste or any information or reports
concerning the quantities and disposition of any hazardous
wastes as necessary to authorize treatment, storage, or disposal
and to ensure proper hazardous waste management;
1. Generators that have the following activities shall mark
the appropriate box on the generator registration form and
complete the corresponding addendum to the registration
form:
A. Management of Hazardous Secondary Materials;
B. Episodic Event. In addition to the requirements of
40 CFR 262 subpart L, generators must meet the following
conditions to be able to use the episodic event:
(I) A generator must have an EPA ID and have paid the
registration fee or pay the registration fee with the episodic
event notification;
(II) In the event the department determines that an
episodic event notification does not meet the definition of
an episodic event, the department will register the generator
at the appropriate higher generator status and require the
generator to pay the rest of the appropriate registration fee;
and
(III) A very small quantity generator (VSQG) that has
an episodic event must meet the SQG reporting requirements
for the reporting year(s) in which the event took place; or
C. Large quantity generator (LQG) consolidation of VSQG
waste;
(D) All new generator registration and renewal fees will
be based upon the generator status of the generator. The fee
schedule is as follows:
1. A generator registering as a LQG shall pay a registration
fee of five hundred dollars ($500);
2. A generator registering as a SQG shall pay a registration
fee of one hundred fifty dollars ($150); and
3. A generator registering as a VSQG shall pay a registration
fee of one hundred fifty dollars ($150);
(E) A registration fee will be paid with the submittal of the
registration form required by subsection (1)(A) when one (1) of
the following is true:
1. The generator is applying for a new ID number (initial
registration);
2. The generator is reactivating an existing ID number that
had been inactivated;
3. There has been a change in the ownership of the
generator (initial registration for the new company); or
4. Any generator who changes its generator status to a
status that has a higher registration fee than the fee that the
generator has already paid for the year as required by this
subsection shall pay the difference between the registration
fee for the current status and the registration fee of the new
status; and
(F) The department will immediately revoke the registration
of any person who pays the registration fee with what is found
to be an insufficient check.
(2) Registration Renewal of Generators of Hazardous Waste.
(A) The calendar year constitutes the annual registration
period.
(B) Annual registration renewal billings will be sent by
December 1 of each year to all generators holding an active
registration.
(C) Any generator initially registering between October 1 and
December 31 of any given year shall pay the initial registration
fee, but does not pay the annual renewal fee for the calendar
year immediately following their initial registration. From that
year forward, the generator shall pay the annual renewal fee.
(D) The department will administratively inactivate the
registration of any generator subject to registration who fails
to pay the annual renewal fee by the due date specified on
the billing, and the generator will be subject to enforcement
action for failure to properly maintain its registration.
(E) Generators administratively inactivated for failure to pay
the renewal fee in a timely manner, who later in the same
registration year pay the annual renewal fee, shall pay a fifteen
percent (15%) late fee in addition to the annual renewal fee
for each applicable registration year and shall file an updated
generator registration form with the department before their
registration is reactivated by the department.
(F) Generators who request that their registration be made
inactive rather than pay the renewal fee, who later in that
same renewal year pay the annual renewal fee to reactivate
their registration, shall pay a fifteen percent (15%) late fee
in addition to the annual renewal fee and file an updated
generator registration form with the department before their
registration is reactivated by the department.
(G) The department will immediately revoke the registration
of any person who pays the annual renewal fee with what is
found to be an insufficient check.
(H) The department may administratively inactivate the
registration of generators that fail to pay any applicable
hazardous waste fees and taxes in a timely manner after
appropriate notice to do so.
(3) Hazardous Waste Summary Report.
(A) All generators subject to registration in accordance with
10 CSR 25-5.262 shall complete a Generator’s Hazardous Waste
Summary Report on a form provided by the department; or on
a reproduction of the form provided by the department; or a
form arranged in the same manner as the form provided by the
department after review and approval by the department; or
electronically through the department’s system built to collect
the data that would have been placed on the paper form. In the
event that the department develops a cost-effective means of
obtaining and utilizing the data in EPA’s e-Manifest system, the
reporting requirements on hazardous waste generated will be
eliminated with the following exceptions:
1. The hazardous waste generated was not shipped using a
hazardous waste manifest;
2. The hazardous waste generated was shipped to a
treatment, storage, and disposal facility located in a foreign
country; and
3. To claim that the waste that was generated is not subject
to a particular fee or fees.
(B) A person required to file the Generator’s Hazardous Waste
Summary Report who does not ship any hazardous wastes or
who makes only one (1) shipment of hazardous waste during
the entire reporting year, July 1 through June 30, or is defined
as a SQG for the entire reporting year, or is defined as an LQG
and filing their report electronically in a manner prescribed by
the department, may file an annual report covering the July 1
to June 30 reporting year by August 14 following the reporting
year period. LQG’s can elect to report quarterly.
1. A generator that files a quarterly report within a
particular reporting year shall file quarterly reports for the
entire reporting year, even if the generator becomes eligible to
file an annual report in the middle of the reporting year.
(C) A generator who is registered with the department
shall report the quantity, type, and status of all hazardous
waste(s) shipped off site during the reporting period on the
Generator’s Hazardous Waste Summary Report regardless of
the destination of the shipment(s).
(D) When a generator reports a hazardous waste using a unit
of volume, and fails to report the specific gravity of the waste,
the department shall calculate the tonnage for that waste
based on a specific gravity of 1.5.
(E) The Generator’s Hazardous Waste Summary Report shall
be signed and certified by an authorized representative as
defined in 40 CFR 260.10 incorporated by reference in 10 CSR
25-3.
(F) The generator filing quarterly reports shall submit the
completed Generator’s Hazardous Waste Summary Report
within forty-five (45) days after the end of each reporting
period. The reporting periods and submittal dates are as
follows: January 1 through March 31, with a submittal date
of May 14 of the same year; April 1 through June 30, with a
submittal date of August 14 of the same year; July 1 through
September 30, with a submittal date of November 14 of
the same year; and October 1 through December 31, with a
submittal date of February 14 of the following year.
(G) A generator shall submit the information in 40 CFR
261.4(e)(2)(v)(C) incorporated by reference in 10 CSR 25-4.261(1)
to the department along with the completed Generator’s
Hazardous Waste Summary Report.
(H) The department will administratively inactivate the
registration of any generator that fails to file the Generator’s
Hazardous Waste Summary Report. The generator’s registration
will be reactivated after all reporting is filed, applicable fees are
paid, and an updated generator registration form is submitted
to the department.
(4) Facility Summary Report.
(A) SQGs or LQGs that generate and manage hazardous waste
on site shall complete the Facility Summary Report.
(B) The owner or operator of a hazardous waste management
facility shall—
1. Comply with the reporting requirements in section
(3) of this rule regardless of whether the owner or operator
is required to register as a generator pursuant to 10 CSR 255.262(2)(A)1.;
2. In addition to the reporting requirements in section (3)
of this rule for hazardous waste generated on-site and shipped
off-site for treatment, storage, or disposal, meet the same
requirements for the following:
A. All hazardous waste generated on-site during the
reporting period that is managed on-site; and
B. All hazardous waste received from off-site during the
reporting period, including hazardous waste generated by
another generator and hazardous waste generated at other
sites under the control of the owner or operator.
(C) When a facility reports a hazardous waste using a unit of
volume, and fails to report the specific gravity of the waste, the
department shall calculate the tonnage for that waste based on
a specific gravity of 1.5.
(D) All facilities subject to this section shall complete a Facility
Summary Report on a form provided by the department; or on
a reproduction of the form provided by the department; or a
form arranged in the same manner as the form provided by the
department after review and approval by the department; or
electronically through the department’s system built to collect
the data that would have been placed on the paper form.
In the event that the department develops a cost-effective
means of obtaining and utilizing the data in EPA’s e-Manifest
system, the reporting requirements on manifested waste will
be eliminated. Reporting of hazardous wastes that are not
manifested will still be required.
(5) Hazardous Waste Fees Applicable to Generators of Hazardous
Waste. The fees in this section apply notwithstanding any
conflicting language in any other rule regarding the amount
of any of the fees listed in this section.
(A) A payment for any of the fees contained in this chapter
will be considered late in the following circumstances:
1. A credit card or other form of electronic payment is
received after the applicable deadline set in rule;
2. A check has a date after the applicable deadline set in
rule;
3. A check arrives in an envelope that has a postmark after
the applicable deadline set in rule;
4. A check is delivered directly to the department after the
applicable deadline set in rule; and
5. A check dated prior to the deadline set in rule is received
fourteen (14) days or later after the applicable deadline set in
rule and the envelope does not have a postmark to indicate
when it was mailed.
(B) In-State Waste Fee. A generator of hazardous waste shall
pay the In-State Waste Fee annually in accordance with this
subsection.
1. The fee shall be paid annually on or before January 1 of
each year.
2. The fee shall be based on the waste reported to the
department for the twelve- (12-) month period ending June 30
of the previous year.
3. For the purpose of calculating this fee, any portion of a
ton shall be assessed as though it were a whole ton.
4. The first ton of waste generated each year shall be
assessed a fee of two hundred dollars ($200).
5. Each additional ton of waste shall be assessed a fee of six
dollars and ten cents ($6.10).
6. No generator site may be assessed a fee in excess of fiftyseven thousand dollars ($57,000) for any given year.
7. Failure to pay this fee in full by the due date shall result
in the imposition of a late fee equal to fifteen percent (15%) of
the total original fee.
EXAMPLES OF IN-STATE WASTE FEE CALCULATION (These
examples are for the rates that go into effect beginning with
the July 1, 2016, to June 30, 2017, reporting year.)
Example 1. ABC Company reports 0.4 tons of hazardous waste.
The number of tons would be rounded to 1 ton. The fee would
be $200 because the fee on the 1st ton of waste is $200.
Example 2. ABC Company reports 25 tons of hazardous waste.
$6.10 Ă— 24 tons +$200 for 1st ton = $346.40 fee
Example 3. ABC Company reports 11,001 tons of hazardous
waste.
$6.10 Ă— 11,000 tons +$200 for 1st ton = $67,300 fee
The fee would be $57,000 because that is the maximum annual
fee.
8. No fee will be assessed on hazardous waste that
is discharged by a generator to a municipal wastewater
treatment plant that is regulated by a permit issued by the
Missouri Clean Water Commission.
(C) Land Disposal Fee. A generator subject to registration in
accordance with 10 CSR 25-5.262 shall pay a land disposal fee in
accordance with this subsection. The fee shall be paid annually,
on or before January 1 of each year, at the rate of twenty-nine
dollars and fifty cents ($29.50) per ton or portion thereof for the
hazardous waste reported to the department for the twelve-
(12-) month period ending June 30 of the previous year, having
been discharged, deposited, dumped, or placed into or on the
soil as a final action. No fee will be assessed on generators who
land dispose less than ten (10) tons of hazardous waste. The fee
rate assessed will be based on the reporting year the waste was
generated.
1. Failure to pay this fee in full by the due date shall result
in a fifteen percent (15%) late fee being assessed on the amount
owed.
2. When this fee is paid after the prescribed due date,
interest shall be assessed on the period from the fee’s due
date to the date the fee is paid in full at an annual rate of ten
percent (10%).
EXAMPLES OF LAND DISPOSAL FEE CALCULATION (These
examples are for the rates that go into effect beginning with
the July 1, 2016, to June 30, 2017, reporting year.)
Example 1. ABC Company reports land disposing 9.8 tons of
hazardous waste. The fee would not be assessed since less than
10 tons of waste was land disposed.
Example 2. ABC Company reports land disposing exactly 10
tons of hazardous waste.
$29.50 x 10 tons = $295 fee
Example 3. ABC Company reports land disposing 124.3 tons of
hazardous waste. The number of tons would be rounded to 125.
$29.50 x 125 tons = $3,687.50 fee
(D) (Reserved)
(E) Out-of-State Waste Fee. All owners or operators of Missouri
treatment, storage, or disposal facilities shall pay annually, on
or before January 1 of each year, a fee to the department of two
dollars ($2) per ton or portion thereof for all hazardous waste
received from outside the state. This fee shall be based on the
hazardous waste received for the twelve- (12-) month period
ending June 30 of the previous year. This fee shall not be paid
on hazardous waste received directly from other permitted
treatment, storage, and disposal facilities located in Missouri.
Failure to pay this fee in full by the due date shall result in
imposition of a late fee equal to fifteen percent (15%) of the
total original fee.
EXAMPLES OF OUT-OF-STATE WASTE FEE CALCULATION
Example 1. ABC Company reports receiving 250 tons of
hazardous waste from outside of Missouri.
$2 x 250 tons = $500 fee
Example 2. ABC Company reports receiving 410.6 tons of
hazardous waste from outside of Missouri. The number of tons
would be rounded to 411.
$2 x 411 tons = $822 fee
Example 3. ABC Company reports receiving 52,149.3 tons of
hazardous waste from outside of Missouri. The number of tons
would be rounded to 52,150.
$2 x 52,150 tons = $104,300 fee
(F) The department will bill those generators whose records
on file indicate that they are subject to the fees in sections (2)
and (5) of this rule. However, if a generator does not receive a
billing, it does not relieve the generator of the responsibility to
pay the fees imposed by this rule.
(6) Fees and Taxes Applicable to Transporters of Hazardous
Waste.
(A) A transporter subject to registration as a generator under
10 CSR 25-6.263, in accordance with 10 CSR 25-5.262, shall pay
fees and taxes specified in sections (1), (2), and (5) of this rule.
(B) A transporter depositing hazardous waste at a hazardous
waste landfill who pays the gross fee on behalf of a generator
or who pays the gross fee due to the transporter’s status as a
generator shall pay a landfill tax to the owner or operator of
the landfill, in accordance with subdivision 260.390.2, RSMo,
when depositing that waste at the landfill.
(C) A hazardous waste transporter as defined at 10 CSR 253.260, except those exempted in subsection (E) of this section,
requesting a hazardous waste transporter license in accordance
with 10 CSR 25-6.263 shall submit to the department along with
their license application the following fees:
1. An annual application fee of two hundred dollars ($200);
and
2. A use-based fee, calculated by adding the total licensed
vehicle weight (LVW) of power units, and multiplying by the
percentage of Missouri International Registration Plan (IRP)
mileage (MOIRP) by the percent hazardous waste (HW) times a
use rate of .0425. The formula is: LVW Ă— %MOIRP Ă— %HW Ă— .0425 =
Use Fee. Fee calculations shall be submitted on forms furnished
by the department in its application packet. Transporters shall
base all calculations on the period of twelve (12) consecutive
months immediately prior to July 1 immediately preceding the
date of the license application. This time frame is known as the
“previous year.”
A. For those power units which utilize the International
Registration Plan (IRP) or 7 CSR 10-25.030 for apportioned
registration, the transporter shall use the reported Missouri IRP
mileage for the previous year.
B. For those power units not required to track IRP miles,
the transporter shall calculate MOIRP mileage by dividing the
Missouri mileage of their power units by total mileage for the
previous year.
C. The percentage of hazardous waste will be the
number of hazardous waste, used oil, or infectious waste
truckloads from, to, or through Missouri, divided by the total
truckloads from, to, or through Missouri, in the form of a
percentage, for the previous year.
D. New transporters who wish to obtain a hazardous
waste license and have no “previous year” history of hauling
hazardous waste shall calculate license fees based on estimates
of MOIRP mileage and percent hazardous waste.
(I) If an estimate is used to calculate the license fee,
the transporter shall, within sixty (60) days of the expiration
of the license, report the actual Missouri mileage and percent
hazardous waste for the current license year. The renewal fee
will include the license fee for the next year, plus any money
owed the department due to an underestimation of the current
year, plus ten percent (10%).
(II) No refunds will be issued by the department, but
the department will issue credit for license fees in excess of ten
percent (10%) (overestimation) for the next license year.
E. A transporter who wishes to add another power unit
other than when applying for the annual license shall submit,
along with power unit descriptions, a fee computed from this
formula: LVW of power unit Ă— %MOIRP Ă— %HW Ă— .0425 = Use Fee.
Divide this figure by twelve (12), then multiply by the number
of months remaining in the license year to derive the fee.
F. To replace one (1) power unit for another (due to
accident, sale, or extended maintenance) submit all the required
information for the replacement and a license certificate will
be issued for that power unit for a limited period.
G. A temporary permit can be issued for thirty (30)
days for a fee of fifty dollars ($50) for a power unit that is, for
example, a temporary lease that is added to the fleet; and
3. The total fee shall not exceed twenty-five thousand
dollars ($25,000) per transporter per year.
(D) Recordkeeping and Reporting.
1. Licensed transporters, except those exempted in
subsection (E) of this section, shall maintain all documentation
used in calculating Missouri hazardous waste transporter
license fees for a period of three (3) years following the
expiration of the license. Transporters who reach the maximum
payment are relieved of recordkeeping requirements and are
also free to add or replace power units as necessary during the
license year.
2. All documentation used to calculate Missouri hazardous
waste transporter license fees must be provided to the
department, upon request, within fifteen (15) calendar days
from the date of receipt.
(E) Other than power units, transporters are not subject to
the requirements of subsections (C) and (D) of this section. The
license fee for each mode of transport other than power units
shall be three hundred fifty dollars ($350) per transporter per
year. A non-power unit transporter shall not originally include,
nor add, more than one (1) mode on the same license. For
example, for a rail transport license, do not include power unit
hazardous waste transportation.
(F) License renewals submitted within twelve (12) months of
the effective date of this rule may be considered a new license
and therefore subject to the provisions of 10 CSR 25-12.010(6)
(C)2.D.(I) and (II) applicable to newly licensed transporters. The
determining factor will be whether or not the transporter has
been keeping accurate records of MOIRP mileage and Missouri
hazardous waste percentage for the previous year. If the
transporter has accurate figures for the previous year, then the
license will be an actual renewal.
(7) Fees and Taxes Applicable to Applicants for Permits or
Certifications and to Owners or Operators of Treatment,
Storage, and Disposal Facilities.
(A) An owner or operator of a hazardous waste treatment,
storage, or disposal facility shall pay fees and taxes as specified
in (1)(D), (2), and (5)(A), (B), and (D) of this rule. An owner or
operator of a hazardous waste treatment, storage, and disposal
facility also shall pay fees and taxes as specified in section (5)
of this rule for hazardous waste which is transported off-site for
final disposition. (Note: These fees are not applicable to waste
transported off-site for storage only; however, the fees are
applicable to the waste transported from the storage facility to
the point of final disposition except as provided in section (5).)
(B) A permit applicant shall pay the following fees upon
application as specified in section 260.395.7(5), RSMo:
One thousand dollars ($1,000) for each hazardous waste
management treatment, storage, or disposal facility. The fee
shall be submitted with the application. The fee shall cover the
first year of the permit, if issued, but the fee is not refundable
if the permit is not issued. If the permit is to be issued for more
than one (1) year, the applicant shall pay fees as specified in
subsection (7)(C) of this rule.
(C) A permit applicant shall pay the following fees as
specified in section 260.395.7(5), RSMo, and pursuant to 10
CSR 25-7.270(2)(C)1.A.: One thousand dollars ($1,000) for each
hazardous waste management treatment, storage, or disposal
facility for each year the permit is to be in effect beyond the
first year.
(D) An applicant for a hazardous waste treatment, storage,
or disposal facility permit shall pay all applicable costs
pursuant to 10 CSR 25-7.270(2)(B)6., and as specified by sections
260.395.7(6) and 260.395.14(2), RSMo, for engineering and
geological review. Those costs for engineering and geological
review will be billed in the following categories:
1. The project engineer’s and geologist’s time expended in
the following areas:
A. Supervision of field work undertaken to collect
geologic and engineering data for submission with the permit
application or resource recovery certification application;
B. Review of geologic and engineering plans submitted
in relation to the permit application;
C. Assessment and attesting to the accuracy and
adequacy of the geologic and engineering plans submitted in
relation to the permit application; and
D. The project engineer’s and geologist’s time billed at
the engineer’s and geologist’s hourly rates multiplied by a fixed
factor of three and one-half (3 1/2). This fixed factor is comprised
of direct labor; fringe benefits including but not limited
to insurance, medical coverage, Social Security, Workers’
Compensation, and retirement; direct overhead, including but
not limited to clerical support and supervisory engineering
review and Waste Management Program administrative and
management support; general overhead, including but not
limited to utilities, janitorial services, building expenses,
supplies, expenses and equipment, and department indirect
costs; and engineering support, including but not limited to
training, peer review, tracking, and coordination;
2. The direct costs associated with travel to the facility site
to supervise any field work undertaken to collect geologic and
engineering data or to ascertain the accuracy and adequacy
of geologic and engineering plans, or both, including but not
limited to expenses actually incurred for lodging, meals, and
mileage based on the rate established by the state of Missouri.
These costs are in addition to the costs in paragraph (7)(D)1. of
this rule; and
3. Costs directly associated with public notification and
departmental public hearings, including legal notice costs,
media broadcast costs, mailing costs, hearing officer costs,
court reporter costs, hearing room costs, and security costs,
will be billed to the applicant. In a contested case as defined
in section 536.070(4), RSMo, costs related to preparing and
supplying one (1) copy of the transcript(s) of the case shall not
be charged to the applicant.
(E) An owner or operator of a hazardous waste landfill
shall collect, on behalf of the state, from each generator or
transporter, a tax equal to two percent (2%) of the gross charges
and fees charged the generator for disposal at the landfill.
The tax shall be accounted for separately on the statement of
charges and fees made to the hazardous waste generator and
shall be collected at the time of collection of the charges and
fees.
(8) Corrective Action Oversight Cost Recovery.
(A) In accordance with section 260.375(30), RSMo, owners or
operators of hazardous waste facilities performing corrective
action pursuant to sections 260.350 to 260.433, RSMo, and the
rules promulgated thereunder shall pay to the department all
reasonable costs, as determined by the commission, incurred
by the department in the oversight of corrective action
investigations, monitoring, or cleanup of releases of hazardous
waste or hazardous constituents at hazardous waste facilities.
Oversight shall include review of the technical and regulatory
aspects of corrective action plans, reports, documents, and
associated field activities, including attesting to their accuracy
and adequacy. All corrective action plans approved by the
department pursuant to sections 260.350 to 260.433, RSMo,
shall require the department, upon notice by the owner or
operator that the approved plan has been completed, to verify
within ninety (90) days that the corrective action plan has
been complied with and completed. Within thirty (30) business
days thereafter, and provided that the department agrees that
the corrective plan has been complied with and completed,
the department shall issue a letter to the owner or operator
certifying the completion and compliance.
(B) Corrective action cost recovery billing shall be based
on the hourly rate(s) of departmental staff performing
corrective action oversight multiplied by a fixed factor of
three and one-half (3 1/2). This fixed factor is comprised
of direct labor; fringe benefits including but not limited
to insurance, medical coverage, Social Security, Workers’
Compensation, and retirement; direct overhead, including
but not limited to clerical support and supervisory review and
Waste Management Program administrative and management
support; general overhead, including but not limited to utilities,
janitorial services, building expenses, supplies, expenses and
equipment, and department indirect costs; and other support
activities, including but not limited to training, peer review,
tracking, and coordination.
(C) The direct costs associated with travel to hazardous
waste facilities for the purpose of corrective action oversight
including but not limited to expenses actually incurred for
lodging, meals, and mileage based on the rates established by
the state of Missouri shall be recoverable. These direct costs
shall be billed to the owner or operator and are in addition to
the costs in subsection (8)(B) of this rule.
(D) Corrective action-related costs directly associated
with public notification and departmental public hearings,
including legal notice costs, media broadcast costs, mailing
costs, hearing officer costs, court reporter costs, hearing
room costs, and security costs, shall be billed to the owner or
operator. In a contested case as defined in section 536.070(4),
RSMo, costs related to preparing and supplying one (1) copy of
the transcript(s) of the case shall not be charged to the owner
or operator.
(E) All funds remitted by owners or operators of hazardous
waste facilities performing corrective action shall be deposited
in the hazardous waste fund created in section 260.391, RSMo.
(9) Variance Fee. Any person seeking a variance under 10 CSR
25 shall include a filing fee of fifty dollars ($50) payable to
Missouri with each petition as required by section 260.405.4(1),
RSMo.
AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016,
and sections 260.380, 260.391, 260.437, and 260.475, RSMo Supp.
2024.* Original rule filed Dec. 16, 1985, effective Oct. 1, 1986.
Amended: Filed Aug. 14, 1986, effective Jan. 1, 1987. Amended:
Filed Sept. 1, 1987, effective Dec. 28, 1987. Amended: Filed Dec.
1, 1987, effective May 1, 1988. Amended: Filed Dec. 29, 1987, effective May 1, 1988. Amended: Filed Sept. 6, 1988, effective Dec.
30, 1988. Amended: Filed Sept. 14, 1989, effective Dec. 29, 1989.
Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:
Filed Sept. 5, 1990, effective April 29, 1991. Amended: Filed Jan. 15,
1991, effective Aug. 1, 1991. Amended: Filed Sept. 4, 1991, effective
Feb. 6, 1992. Amended: Filed Aug. 14, 1992, effective May 5, 1993.
Amended: Filed April 4, 1994, effective Oct. 30, 1994. Amended:
Filed June 16, 1995, effective Jan. 30, 1996. Amended: Filed June
1, 1998, effective Jan. 30, 1999. Amended: Filed April 30, 1999,
effective Nov. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct.
30, 2001. Amended: Filed Dec. 17, 2001, effective Aug. 30, 2002.
Amended: Filed April 2, 2002, effective Nov. 30, 2002. Amended:
Filed March 27, 2003, effective Dec. 30, 2003. Amended: Filed Oct.
15, 2008, effective June 30, 2009. Amended: Filed June 15, 2015, effective Jan. 30, 2016. Amended: Filed June 14, 2018, effective March
30, 2019. Amended: Filed Aug. 30, 2019, effective March 30, 2020.
Emergency amendment filed March 12, 2020, effective March 27,
2020, expired Sept. 22, 2020. Amended: Filed May 29, 2020, effective Nov. 30, 2020. **Amended: Filed July 10, 2024, effective Feb.
28, 2025.
*Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010;
260.380, RSMo 1977, amended 1980, 1985, 2000, 2004, 2005, 2011, 2013, 2014, 2018,
2023; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; 260.391, RSMo 1980,
amended 1993, 2000, 2005, 2018; 260.395, RSMo 1977, amended 1980, 1983, 1985,
1988, 2000, 2013, 2015; 260.437, RSMo 1983, amended 1995, 2022; and 260.475, RSMo
1983, amended 1985, 1988, 1994, 1999, 2000, 2004, 2005, 2011, 2013, 2014, 2018, 2023.
**Pursuant to Executive Order 21-07, 10 CSR 25-12.010, section (1) was suspended from April 19, 2021
through June 30, 2021.