Properties containing hazardous and nonhazardous solid wastes are frequently encountered by the Missouri Department of transportation (MoDOT) in new right-of-way acquisitions. Examples of the types of land uses typically associated with hazardous waste sites are available. MoDOT’s goals for addressing hazardous and solid wastes are to: 1) avoid unacceptable cleanup costs and legal liability and 2) comply with federal and state laws and regulations regarding cleanup.
The MoDOT Environmental Specialist evaluates project corridors for waste sites, provide management and oversight of waste sites acquired, and monitor projects for compliance with applicable laws and regulations. Any unknown sites and/or wastes found during project construction will be handled in accordance with federal and state laws and regulations. MoDOT has the capability to collect samples and analyze for a variety of constituents, including but not limited to volatile organics and heavy metals. The Missouri Department of Natural Resources (MDNR) is contacted for coordination and approval of required activities as needed.
Laws and Regulations
The Resource Conservation and Recovery Act (RCRA) of 1976 gives the U.S. Environmental Protection Agency (EPA) the authority to regulate the disposal of hazardous waste. The EPA has delegated authority for executing most of the requirements of RCRA in Missouri to the MDNR’s Hazardous Waste Program. The Hazardous and Solid Waste Amendment (HSWA) of 1984 mandates corrective action at hazardous waste facilities for all releases of hazardous waste to the environment and includes provisions to regulate underground storage tanks.
The MDNR website contains more detailed information on the RCRA and these other these laws.
- The Missouri Hazardous Waste Management Law and the Petroleum Storage Tank Law address the issues of generation, management, and disposal of hazardous waste; cleanup of hazardous waste and hazardous substance releases; management and removal of petroleum storage tanks; and cleanup of leaking petroleum storage tanks.
- The Toxic Substance Control Act (TSCA) of 1976 was enacted to test, regulate, and screen all chemicals produced or imported into the United States. TSCA amendments enacted in July 1979 prohibit the production and distribution of polychlorinated biphenyls (PCBs) and regulate the labeling and disposal of PCBs.
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, commonly know as Superfund, covers abandoned or uncontrolled wastes.
- The State Registry of Abandoned and Uncontrolled Sites of 1983 authorized the establishment of emergency response activities in the state to respond to hazardous substance releases.
- Brownfields and Voluntary Cleanup — The MDNR Hazardous Waste Program's Voluntary Cleanup Section administers Missouri's Voluntary Cleanup Program, established by the state legislature in 1994 to provide state oversight for voluntary cleanups of properties contaminated with hazardous substances.
- Petroleum Underground Storage Tanks (UST) — In 1984, RCRA established a regulatory program for underground storage tanks, RCRA Subtitle I. The Missouri law governing the use of UST systems is found in Chapter 319.100-139 RSMo.
- Solid Waste Management Law — The Solid Waste Management Law provides the framework for the management of municipal solid waste, industrial, and special waste.