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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 06 Jul 2005, see footnotebottom

  260.900.  Definitions. — As used in sections 260.900 to 260.960, unless the context clearly indicates otherwise, the following terms mean:

  (1)  "Abandoned dry-cleaning facility", any real property premises or individual leasehold space in which a dry-cleaning facility formerly operated;

  (2)  "Active dry-cleaning facility", any real property premises or individual leasehold space in which a dry-cleaning facility currently operates;

  (3)  "Chlorinated dry-cleaning solvent", any dry-cleaning solvent which contains a compound which has a molecular structure containing the element chlorine;

  (4)  "Commission", the hazardous waste management commission created in section 260.365;

  (5)  "Corrective action", those activities described in subsection 1 of section 260.925;

  (6)  "Corrective action plan", a plan approved by the director to perform corrective action at a dry-cleaning facility;

  (7)  "Department", the Missouri department of natural resources;

  (8)  "Director", the director of the Missouri department of natural resources;

  (9)  "Dry-cleaning facility", a commercial establishment that operates, or has operated in the past in whole or in part for the purpose of cleaning garments or other fabrics on site utilizing a process that involves any use of dry-cleaning solvents.  Dry-cleaning facility includes all contiguous land, structures and other appurtenances and improvements on the land used in connection with a dry-cleaning facility but does not include prisons, governmental entities, hotels, motels or industrial laundries.  Dry-cleaning facility does include coin-operated dry-cleaning facilities;

  (10)  "Dry-cleaning solvent", any and all nonaqueous solvents used or to be used in the cleaning of garments and other fabrics at a dry-cleaning facility and includes but is not limited to perchloroethylene, also known as tetrachloroethylene, chlorinated dry-cleaning, and the products into which such solvents degrade;

  (11)  "Dry-cleaning unit", a machine or device which utilizes dry-cleaning solvents to clean garments and other fabrics and includes any associated piping and ancillary equipment and any containment system;

  (12)  "Environmental response surcharge", either the active dry-cleaning facility registration surcharge or the dry-cleaning solvent surcharge;

  (13)  "Fund", the dry-cleaning environmental response trust fund created in section 260.920;

  (14)  "Immediate response to a release", containment and control of a known release in excess of a reportable quantity and notification to the department of any known release in excess of a reportable quantity;

  (15)  "Operator", any person who is or has been responsible for the operation of dry-cleaning operations at a dry-cleaning facility;

  (16)  "Owner", any person who owns the real property where a dry-cleaning facility is or has operated;

  (17)  "Person", an individual, trust, firm, joint venture, consortium, joint-stock company, corporation, partnership, association or limited liability company.  Person does not include any governmental organization;

  (18)  "Release", any spill, leak, emission, discharge, escape, leak or disposal of dry-cleaning solvent from a dry-cleaning facility into the soils or waters of the state;

  (19)  "Reportable quantity", a known release of a dry-cleaning solvent deemed reportable by applicable federal or state law or regulation.

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(L. 2000 S.B. 577, A.L. 2005 S.B. 170 merged with S.B. 225)

Effective 7-06-05 (S.B. 170); 8-28-05 (S.B. 225)

Expires 8-28-17


---- end of effective   06 Jul 2005 ----

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