Missouri § 260.420 - Imminent hazard, action to be taken.

§ 260.420. Imminent hazard, action to be taken.

1.  From September 28, 1977, and notwithstanding any other provision of sections 260.350 to 260.430 or any other law to the contrary, upon receipt of information that any activity subject to sections 260.350 to 260.430 may present an imminent hazard, by placing or allowing escape of any hazardous waste into the environment or exposure of people to such waste which may be cause of death, disabling personal injury, serious acute or chronic disease, or serious environmental harm, the department director or the commission may take action necessary to protect the health of humans and the environment from such hazard.  The action the department director, commission or the designee of the commission may take includes, but is not limited to:

(1)  Issuing an order directing the hazardous waste generator, transporter, facility operator or any other person who is the custodian or has control of the waste, which constitutes such hazard, to eliminate such hazard.  Such action may include, with respect to a site or facility, permanent or temporary cessation of operation;

(2)  Issuing an order directing a permitted commercial hazardous waste facility to treat, store or dispose of any waste cleaned up in accordance with this section;

(3)  Acquiring by purchase, donation, agreement or condemnation any lands, or rights in lands, sites, objects, or facilities necessary to protect the health of humans and the environment in accordance with sections 260.350 to 260.550 only after it is proven cost effective and all other options have been exhausted by the commission.  In the event any property is condemned, then the procedures and assessment of damages shall be in accordance with chapter 523;

(4)  Selling or leasing any property that has been cleaned up in accordance with sections 260.350 to 260.550 so as to no longer constitute a threat to the health of people or to the environment.  The proceeds of such sales or leases shall be deposited in the hazardous waste fund created in section 260.391; and

(5)  Causing to be filed by the attorney general or a prosecuting attorney in the name of the people of the state of Missouri suit for a temporary restraining order, temporary injunction or permanent injunction which action shall be given precedence over all other matters pending in the circuit courts.

2.  In any civil action brought pursuant to this section in which a temporary restraining order or temporary injunction is sought, there must be allegations of the types of injury or harm specified in these imminent hazard provisions; it shall be necessary to allege and prove at the proceeding that irreparable damage will occur and that the remedy at law is inadequate, and the temporary restraining order or temporary injunction shall not issue without such allegations and without such proof.

3.  This section shall not apply to any alleged imminent hazard that is covered by the federal Occupational Safety and Health Act, so long as the hazardous waste is contained on the site so covered.  This subsection shall not prevent the department from taking action necessary to prevent escape of the hazardous waste from such site.

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(L. 1977 H.B. 318 § 15, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1983 H.B. 528, A.L. 2005 S.B. 225)

---- end of effective  28 Aug 2005 ----

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