HCS HB 343 -- HAZARDOUS SUBSTANCES

SPONSOR:  Munzlinger

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Agri-Business by a vote of 10 to 0.

This substitute specifies that when a hazardous substance release
occurs the person having control of the hazardous substance is
liable for the reasonable and necessary costs for the clean up or
containment incurred by the political subdivision or volunteer
fire protection association providing the emergency services.  No
later than 60 days after completion of the hazardous substance
cleanup, the emergency services provider is required to furnish
the liable person with an itemized statement of all costs
associated with the hazardous substance release.  A clean-up cost
statement may be appealed to the Director of the Department of
Natural Resources with the burden of proof on the political
subdivision or the emergency services provider.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill will limit an
individual's liability associated with a hazardous substance
spill to the reasonable and necessary costs associated with the
emergency containment or clean up, notify the individual of the
costs in a timely manner, and provide an appeal procedure if the
costs are deemed unreasonable by the liable individual.

Testifying for the bill were Representative Munzlinger; and
Missouri Agriculture Industries Council.

OPPONENTS:  Those who oppose the bill say that someone ultimately
must pay for securing the release and clean up of the hazardous
substance, and the associated costs cannot be absorbed by the
local governmental entity.  Timely response to a hazardous
substance release can reduce the cost of the clean up.

Testifying against the bill were Greg Brown, Eureka Fire
Protection District and Fire Services Alliance; and Larry Boyle,
Fenton Fire District of St. Louis County.

OTHERS:  Others testifying on the bill say that the local
governmental entity can't absorb the costs associated with a
hazardous substance release and the costs must be paid by
someone.

Testifying on the bill was Division of Fire Safety, Department of
Public Safety.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am