Section 35 Missouri Department of Natural Resources Voluntary Clean-Up Program

• Library: Environmental Law 2002 Supp Replacement chs

Any remediation that may be required under the abandoned property, redevelopment projects law, must occur under the auspices of MoDNR’s Voluntary Remediation Program. See generally §§ 260.565, et seq., RSMo 2000. Copies of various forms used in the remediation program are contained in §§20.46–20.50 below. This program has been in operation in Missouri since 1994. It is designed to provide a person conducting remediation at an environmentally contaminated site flexibility in conducting a cleanup.

Entering the program is relatively simple. The owner, person acquiring property, or lienholder makes application to MoDNR seeking approval to enter the program. Within 90 days of receiving the application, MoDNR must notify the applicants if they are accepted into the program.

Sites that warrant action under the Missouri Hazardous Waste Management Law, §§ 260.350–260.430, RSMo 2000, the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. §§ 6901, et seq., or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601, et seq., are ineligible for inclusion in the program if:

• the conditions at the site constitute an imminent and substantial threat to the public health or the environment

• MoDNR has completed a site inspection and the site is being evaluated for National Priority List (NPL) listing

• the site is a permitted, or interim status, RCRA facility; or

• the site warrants enforcement for cleanup under the Missouri Hazardous Waste Management Law, RCRA, or CERCLA

10 C.S.R. § 25-15.010(3)(D).

Upon approval of the application, the applicant and MoDNR enter into an Oversight Agreement. The applicant must then post a...