260.567. 1. Any person, including but not limited to a person acquiring, disposing of or possessing a lienholder interest on real property or other circumstances as may be established by rule involving real property that is known to be or suspected to be contaminated by hazardous substances, may apply to remediate the real property with oversight by the department of natural resources. Such application shall be made on forms provided by the department and shall include the location of the real property, the legal description of the real property, a general description of the nature of the operations and activities and the dates, if known, that such activities occurred on the real property, the names of known past and present owners of the real property, a description of the nature and extent of known or suspected contamination and an application fee of two hundred dollars.
2. The department shall review the application. The department shall approve or deny all applications received prior to January 1, 1995, by April 1, 1995. The department shall approve or deny all applications received on or after January 1, 1995, within ninety days of receipt of the application. The department shall approve the application unless the department determines that the contamination present or suspected to be present is such as to warrant action under sections 260.350 to 260.480, as amended, the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq., as amended, or the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq., as amended, in which case the department shall deny the request. If the applicant chooses to continue to remediate the real property under the provisions of sections 260.565 to 260.575, the department shall execute a site-specific oversight agreement with the applicant following approval of the application.
3. Following the approval of an application and execution of an oversight agreement, the applicant shall submit a copy of all reports prepared concerning the results of any site assessments, investigations, sample collections and sample analyses including, at a minimum, a Phase I environmental site assessment, to the department. The department shall review the reports submitted and comment, within one hundred and eighty days, on the nature and extent of any additional required environmental site assessments to be conducted on the real property. The department shall require the applicant to post a deposit, not to exceed five thousand dollars, which shall be used, upon appropriation, to cover the site-specific costs to the department. Moneys shall be transmitted to the director of the department of revenue for deposit in the state treasury. The deposit may be satisfied by cash or a letter of credit issued by a Missouri bank.
4. Prior to the conducting of any additional environmental site assessments, if any, the department shall approve all work plans appropriate for the scope of the assessment.
5. The department shall review reports of any additional environmental site assessments and make a determination, within one 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, a monitoring plan to the department. Upon approval by the director, the plan, if required, shall be implemented by the applicant. If the department determines that remediation is required, the applicant shall submit a remedial action plan to the department for any contamination identified in the environmental site assessments.
6. The department shall review the remedial action plan. Remedial action plans shall include work plans, safety plans, and testing protocols. In addition, remedial action plans shall include appropriate monitoring plans. The department shall, within ninety days, approve the plan if the plan satisfies the requirements of this section.
7. Following approval of the remedial action plan by the department, the applicant shall implement the remedial action plan.
8. During the implementation of the remedial action plan, the applicant shall submit to the department, on forms provided by the department, quarterly progress reports of such remedial action.
9. The applicant shall submit to the department a copy of all reports prepared concerning such remedial action.
10. The department shall review the remedial action conducted in accordance with the provisions of the approved remedial action plan.
11. Nothing in sections 260.565 to 260.575 shall limit the right of an applicant to terminate participation upon providing written notification to the department. Upon receipt of notice of termination from the applicant, the department shall refund any remaining deposit balance, after incurred costs are deducted, within sixty days.
12. Nothing in sections 260.565 to 260.575 shall limit the department's or the commission's authority to administer sections 260.350 to 260.480 or any rules promulgated thereunder.
13. The applicant may appeal any action of the department under sections 260.565 to 260.575 to the hazardous waste management commission within thirty days of such action.
(L. 1993 S.B. 80, et al.)
Missouri General Assembly