The department is responsible for regulating and overseeing various activities at facilities that manage solid waste. Solid waste disposal areas (landfill) are any areas used to dispose of solid waste from one or more residential household(s) or commercial, industrial, manufacturing, recreational or governmental operation(s). Each landfill is located, designed, built, operated, monitored, closed and maintained to make sure it follows federal and state laws and regulations.

Landfills accept and manage various types of waste for disposal, in order to prevent the waste materials from harming public health or the environment. It is necessary to exclude certain wastes from disposal in order to conserve landfill space, ensure safe landfill operation or reduce the chance of environmental contamination. Some excluded wastes include hazardous wastes, waste oil, large amounts of liquids, lead-acid batteries, appliances and brush or vegetative wastes.

Any person desiring to construct a solid waste disposal area or horizontally expand the acreage specifically designated for the placement of solid waste in an existing permitted solid waste disposal area shall apply for a Solid Waste Disposal Area (Landfill) Construction Permit. The permit must be obtained prior to the beginning of any construction activities, including any clearing of vegetation, earthy work or construction of appurtenances such as lagoons, settling basins and monitoring wells associated with the disposal area.

Types of Disposal Areas (Landfills)

Demolition landfills are exclusively designed to accept demolition wastes, construction materials, brush, wood wastes, soil, rock, concrete and inert solids (that will not dissolve in water). The types of waste approved for disposal at these landfills are much fewer than those accepted at sanitary landfills. Landfills accept and manage various types of waste for disposal, in order to prevent the waste materials from harming public health or the environment.

Sanitary landfills, sometimes referred to as municipal solid waste landfills, are likely what you think of when you hear the word “landfill.” These landfills are permitted for controlled disposal of residential or household wastes and commercial, industrial, agricultural, governmental and institutional wastes that have chemical and physical characteristics similar to those in household wastes.

Special waste landfills are designed specifically for processing one or more special wastes. These wastes have physical or chemical characteristics, or both, that are different from municipal solid wastes accepted at sanitary landfills or construction and demolition wastes accepted at demolition landfills. These wastes are typically non-hazardous industrial wastes, such as incinerator ash or water treatment plant sludge, that may require special handling. Often the business or industry that produces the special waste constructs a landfill to dispose of these wastes at the location where the waste was produced, or generated. Many of these landfills are ash landfills permitted for use by power-generating plants, which may also be called utility waste landfills.

Utility waste landfills are designed to dispose of fly ash, bottom ash, slag and flue gas emission control waste produced mainly from burning coal or other fossil fuels in power-generating plants. These wastes may contain contaminants like mercury, cadmium and arsenic. 

Landfills accept and manage various types of waste for disposal, in order to prevent the waste materials from harming public health or the environment.

Length of Permit 

Is there a timeline to complete the construction project?

If approved, the construction permit remains valid for the life of the facility. However, the owner of the disposal area or landfill is required to obtain a construction permit for each additional expansion or new construction project at the facility.

If the department determines a disposal area is in violation of state or federal laws, or creating a public nuisance or health hazard, the department may order the facility to make alterations, per Section 260.230 RSMo.

Laws, Rules and Regulations

How to Apply

Applications

Financial Assurance Instruments

Fees

Application and engineering review cost fees are used to fund the department’s solid waste management operations, as detailed in the Missouri Revised Statutes, sections 260.200 to 260.345, RSMo. The application fees are non-refundable and must be submitted with the permit application. Applicants who withdraw their application before the department completes its evaluation are required to reimburse the department for costs incurred in the evaluation.

  • Nonreturnable Application fee: $2,000
  • Engineering Review Costs: All reasonable costs incurred by the department, up to a maximum of $8,000

Timeline/ Process

The department must approve or deny a construction permit application within 12 consecutive months of receiving the permit application. The department will complete a review of the application within 90 days of receiving the initial application and within 180 days of receiving subsequent revisions. The department will request additional information if the application is not complete, which will delay the review process.

The permit applicant must respond to the department's requests for information or comment letters within 90 days. If the department does not receive the requested information within 90 days, the application review may be terminated and the application denied. 

Solid Waste Disposal Areas (Landfills) are required to establish an approvable closure plan and financial assurance instrument. A permit will not be issued until applicable financial assurance requirements are complete.

If the application complies with the Missouri Solid Waste Management Law and rules, the department shall approve the application and issue a construction permit.

Public Participation

The department and permit applicant conduct several public participation activities throughout the permitting process, as detailed in section 260.205, RSMo. Below is a table listing the type of activity and when it is held.

Type of Activity

When Held

Purpose

Public Notice sent Certified Mail30 days after the preliminary site investigation approvalThe applicant shall notify the solid waste management district as well as the governing body of the county or city where the proposed disposal area is to be located for situational awareness.
Public Awareness SessionWithin 90 days after the department approves the preliminary site investigationThe department shall conduct a public awareness session in the county in which the proposed disposal area is to be located. The department provides general information to interested citizens about the design and operations of solid waste disposal areas and the permitting process in general. The public notice shall be provided at least 30 days prior to the session being held. The intent of the session shall be to provide general information to interested citizens on the design and operation of solid waste disposal areas.
Community Involvement SessionAt least 60 days prior to the applicant finishing the detailed site investigation, but before submitting the report to the departmentThe applicant shall conduct a community involvement session in the county in which the proposed disposal area is to be located. The department will also attend the session. The permit applicant updates the public on the progress of the subsurface investigation and gathers input from the public.
Public Comment PeriodBegins the day of the Community Involvement Session and continues for at least 30 daysAllows the public additional time to submit comments on the proposed solid waste disposal area. The permit applicant will respond to all comments received during the public comment period. 
Public HearingAfter the department issues a draft construction permitThe department shares it decision regarding the construction permit application and discusses the draft construction permit.

For public notice information about any currently proposed solid waste disposal areas, public comment periods or public meetings and hearings scheduled, visit the Waste and Recycling Public Notices/ Public Comments.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

Reporting

Landfill owners and operators are required to conduct routine sampling on an established schedule. The resulting data must be submitted the department within 90 days of the sampling event. In order for data to be accurate it must be submitted in the exact same format each reporting period. To aid this, the department created several worksheets to ensure consistency.

Financial Assurance Instruments 

Each year, all Missouri sanitary landfills are required to submit adjusted closure and post-closure care cost estimates to the department. Demolition landfills are also required to submit adjusted closure care cost estimates to the department each year. Review the Solid Waste Facilities Financial Assurance Instruments and Annual Updates tab on that website for more details about required Financial Assurance Instruments.

Renewal

Resources

After Issuance of Construction Permit

After the issuance of a construction permit for a solid waste disposal area, but prior to the beginning of disposal operations, the owner and the department shall execute an easement to allow the department, its agents or its contractors to enter the premises to complete work specified in the closure plan, or to monitor or maintain the site or to take remedial action during the post closure period.  After issuance of a construction permit for a solid waste disposal area, but prior to the beginning of disposal operations, the owner shall submit evidence that such owner has recorded, in the office of the recorder of deeds in the county where the disposal area is located, a notice and covenant running with the land that the property has been permitted as a solid waste disposal area and prohibits use of the land in any manner which interferes with the closure and, where appropriate, post closure plans filed with the department.

Every person desiring to obtain a permit to operate a solid waste disposal area or processing facility shall submit applicable information and apply for an operating permit from the department.

Disclosure of Landfill, Sale of Property, Required

According to Solid Waste Management Law Section 260.213, RSMo, No person may knowingly sell, convey or transfer title to any property that contains a permitted or unpermitted solid waste disposal site or demolition landfill, without disclosing to the buyer early in the negotiation process the existence and location of the site. The seller shall also notify the buyer that he may be assuming liability to the state for any remedial action at the site, except that the sale, conveyance or transfer of property shall not absolve any person responsible for the illegal disposition of solid waste, including the seller, of liability for any remedial action at the site.

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