rules of

Department of Natural Resources

Division 80—Solid Waste Management
Chapter 9—Solid Waste Management Fund
Title Page
10 CSR 80-9.010 Solid Waste Management Fund—Planning/Organizational Grants
(Rescinded October 30, 2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

10 CSR 80-9.020 Solid Waste Management Fund—Solid Waste Management Areas. . . . . . . 3

10 CSR 80-9.030 Scrap Tire Grants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

10 CSR 80-9.035 Scrap Tire Cleanup Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

10 CSR 80-9.040 Solid Waste Management Fund—Financial Assistance for Waste

Reduction and Recycling Projects (Rescinded August 30, 2018) . . . . . . . . . 5

10 CSR 80-9.050 Solid Waste Management Fund—District Grants

(Terminated October 24, 2023) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

John R. Ashcroft (2/29/24) CODE OF STATE REGULATIONS 1

Secretary of State
10 CSR 80-9—DEPARTMENT OF NATURAL DIVISION 80—SOLID WASTE
RESOURCES MANAGEMENT

TITLE 10—DEPARTMENT OF NATURAL RESOURCES using scrap tires as a fuel or fuel supplement; or for equipment
Division 80—Solid Waste Management to convert or modify existing facilities to manufacture prod-
Chapter 9—Solid Waste Management Fund ucts made from scrap tires.

10 CSR 80-9.010 Solid Waste Management Fund—Planning/ (3) Eligibility.

Organizational Grants (A) This rule applies to any person located in Missouri in-
(Rescinded October 30, 2007) volved in any activity funded under section (2) of this rule.
(B) Applications for activities that, in the department’s pro-
AUTHORITY: sections 260.225 and 260.335, RSMo Supp. 1990. fessional judgment, would cause a public nuisance or environ-
Emergency rule filed Aug. 15, 1991, effective Aug. 25, 1991, expired mental, safety, or health hazards, will be disqualified.
Dec. 13, 1991. Original rule filed Aug. 15, 1991, effective Feb. 6, 1992. (C) Grants will only be awarded for an activity which uses
Emergency amendment filed Sept. 15, 1993, effective Sept. 25, at least forty percent (40%) of its tires from Missouri scrap tire
1993, expired Jan. 22, 1994. Amended: Filed Sept. 15, 1993, effective sites, retailers processors, or residents. The burden of proof
May 9, 1994. Rescinded: Filed Jan. 5, 2007, effective Oct. 30, 2007. shall be on the applicant to show that the eligibility require-
ments have been met.
(D) Grants will not be awarded to activities for projects that
10 CSR 80-9.020 Solid Waste Management Fund—Solid result in the landfilling of scrap tires.
Waste Management Areas
(4) Application Requirements for Grants. An application shall—
Original rule filed March 17, 1992.** Emergency rescission of the (A) Be completed on forms provided by the department and
1992 rule filed March 19, 1997, effective April 1, 1997, expired Sept. include all required documentation;
27, 1997. Rescission of the 1992 rule filed April 3, 1997, effective (B) Be received by the deadline established by the depart-
Aug. 30, 1997. ment to be eligible for funding; and
(C) Include documentation to the department’s satisfaction
**The Missouri Supreme Court in Missouri Coalition for the that the use being proposed is an eligible use as described in
Environment, et al., v. Joint Committee on Administrative sections (2) and (3) of this rule.
Rules, et al., Case No. 78628, dated February 25, 1997, ordered the
secretary of state to publish this rule. The Missouri Department (5) Application Review and Evaluation. Applications will be
of Natural Resources subsequently filed an emergency rescission reviewed for completeness and ranked according to the evalu-
of this rule as well as a proposed rescission on this rule which ation criteria established by the department with the advice of
became effective August 30, 1997. See the above authority section the Scrap Tire Advisory Group and in light of the goals as set
for filing dates. forth in subsection (1)(B) of this rule.

(6) Grant Awards.

10 CSR 80-9.030 Scrap Tire Grants (A) Prior to award of funding, the recipient shall—
1. Provide verification to the department that all appli-
PURPOSE: This rule provides a statewide plan for the use of mon- cable federal, state, and local permits, approvals, licenses, or
eys received under section 260.273, RSMo. waivers required by law to implement the activity have been
obtained or applied for; and
(1) Statewide Plan. 2. Enter into a financial assistance agreement issued by
(A) General. In combination with 10 CSR 80-9.035 Scrap Tire the department.
Cleanup Contracts, this is a statewide plan to implement sec- (B) Funds awarded by the department must be disbursed
tion 260.273, RSMo. in accordance with the financial assistance agreement, the
(B) Goals. The goals of the statewide plan are to reduce the department’s general terms and conditions, special terms and
number of scrap tires produced and encourage sustainable conditions (if applicable), and applicable contracts.
scrap tire markets for reuse, remanufacturing, and reprocess-
ing of scrap tires; divert the stream of scrap tires from being (7) Costs and Record Keeping.
landfilled or illegally dumped; and mitigate the adverse public (A) All general and special terms and conditions of the de-
health, welfare and environmental impacts of illegal scrap tire partment applicable to the activity will be applicable to recipi-
sites. ents of awards made available by this chapter; and
(B) Persons eligible to receive grants through this rule shall
(2) Grant Types. The department may provide grants not to comply with the department’s reporting requirements, finan-
exceed forty-five percent (45%) of the monies received under cial assistance agreements and contracts, general and special
section 260.273, RSMo, for the following grant types subject to terms and conditions, as well as any applicable federal, state,
financial resources, appropriations, eligibility requirements, and local laws, permits, approvals, licenses, or waivers neces-
and application priorities: sary to implement the activity.
(A) Demonstration grants may be available to pay testing
costs required to demonstrate the technical and economic fea- AUTHORITY: sections 260.225, 260.273, and 260.276, RSMo 2016.*
sibility of utilizing scrap tire materials in the manufacture of Emergency rule filed Oct. 5, 1992, effective Nov. 4, 1992, expired
a product, as tire-derived fuel, or as a fuel supplement. Grants March 3, 1993. Original rule filed Oct. 5, 1992, effective June
may also be available for end use as shock absorbing scrap tire 7, 1993. Amended: Filed April 16, 1997, effective Dec. 30, 1997.
playground, running track material, or other eligible end uses Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended:
as approved by the department; and Filed April 13, 2018, effective Feb. 28, 2019.
(B) Capital expenditure grants may be available for equip-
ment to convert/modify existing facilities for the purpose of *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995,

John R. Ashcroft (2/29/24) CODE OF STATE REGULATIONS 3

Secretary of State
 DIVISION 80—SOLID WASTE 10 CSR 80-9—DEPARTMENT OF NATURAL
MANAGEMENT RESOURCES

2015; 260.273, RSMo 1990, amended 1995, 1999, 2005, 2009, 2014; and 260.276, RSMo B. Perform preventative maintenance as needed on
1990, amended 1995, 2005, 2009.
BMPs;
5. Provide employee training on proper handling and
maintenance practices; and
10 CSR 80-9.035 Scrap Tire Cleanup Contracts 6. Discharges shall not cause violations of the general cri-
teria in the Water Quality Standards in 10 CSR 20-7.031(3).
PURPOSE: This rule complies with section 260.276, RSMo which
allows for any person, firm, corporation, state agency, charitable, (2) Eligibility. Any person, firm, corporation, state agency, char-
fraternal, or other nonprofit organization to bid on a contract for itable, fraternal, or other nonprofit organization may bid on
resource recovery or nuisance abatement activities authorized a contract for each resource recovery or nuisance abatement
under this section. activity.
(A) Vender Preference. In letting contracts for the perfor-
(1) General. This rule applies to any person involved in the
mance of any job or service for the removal or cleanup of scrap
activities set forth in this rule. The department shall fully or
tires under this chapter, the Department of Natural Resources
partially bid, in accordance with the terms and conditions of
shall follow sections 34.073, 34.076, and 260.279, RSMo.
the state of Missouri Office of Administration’s bid process,
contracts for removing and properly disposing of scrap tires
(3) Nuisance Abatement and Resource Recovery Activities.
that are stored in violation of the Solid Waste Management
(A) The department shall give first priority to cleanup of
Law and implementing rules and/or to those that pose a public
illegal scrap tire sites owned by persons who present satisfac-
nuisance or a threat to the health or welfare of the public.
tory evidence that such persons were not responsible for the
(A) Bid applications will be reviewed and ranked in accor-
creation of the nuisance conditions or any violations of sec-
dance with the state of Missouri Office of Administration’s bid
tions 260.270 through 260.278, RSMo at the site. In evaluating
procedure authorized in Chapter 34, RSMo.
(B) Bids for cleanups will be awarded in accordance with whether a site qualifies for cleanup under this subsection, the
state of Missouri Office of Administration’s contract award pro- department may consider:
cedures authorized in Chapter 34, RSMo. 1. The degree of responsibility or culpability of such per-
(C) Awarded bids will be ranked pursuant to the criteria set sons for the creation or maintenance of the scrap tire site;
forth in section (3) of this rule. 2. The extent to which such persons profited from the haul-
(D) Cleanup Contract Payment and Records. Contractors ing, disposal, and/or storage of the scrap tires;
shall be paid and records kept in accordance with the state of 3. The extent to which such persons took steps to stop the
Missouri Office of Administration’s bid document terms and illegal deposition of tires on the property;
conditions. 4. The nature of such persons’ interest in the property on
(E) All cleanup contracts are subject to the department’s which the scrap tires were deposited; and
funding availability and appropriation. 5. The degree of cooperation that such persons provide to
(F) All scrap tire site cleanups must adhere to Best the department in abating the scrap tire violations, including
Management Practices (BMPs) for water pollution control as the willingness of such persons to allow timely access to the
follows: property to conduct any nuisance abatement or resource re-
1. Erosion and sediment control. covery activities.
A. Stabilize all high traffic areas, including entrance and (B) The department shall conduct resource recovery or
exit areas, to minimize vehicle tracking. nuisance abatement activities designed to reduce the volume
B. Minimize run-on from adjacent properties through of scrap tires or alleviate any nuisance condition at any site if
the use of diversion dikes, berms, or equivalent. the owner or operator of such a site fails to comply with the
C. Trap sediment at down-gradient locations and outlets regulations under sections 260.270 through 260.278, RSMo, or
serving unstabilized areas. This may include filter fabric fences, if the site remains in violation of such statutes and rules. The
sediment traps, vegetated swales or strips, diversion structures, department reserves all rights to recover all or a portion of the
retention/detention basins or equivalent; costs of cleanup from the property owner and any other parties
2. Oil and grease. responsible for creation of the scrap tire site except where the
A. Maintain equipment to prevent leaks and spills. property owner presents evidence that such persons were not
B. Use drip pans or other containment under equipment responsible for the creation of the nuisance conditions or any
or around petroleum storage areas. violations of sections 260.270 through 260.278, RSMo at the site.
C. Have materials such as absorbent pads easily accessi-
ble to clean up spills and leakage. (4) Any charitable, fraternal, or other nonprofit organization
3. Application of fertilizers, pesticides, and herbicides. that voluntarily cleans up land or water resources may be re-
A. Observe all applicable federal, state, and local regula- imbursed for properly disposing of scrap tires collected in the
tions when using these products. course of such cleanup. Funds will be allocated each year for
B. Strictly follow recommended applications rates and these types of activities. The amount of funds allocated will
methods (i.e., do not apply in excess of vegetative require- depend on funding availability and amount of appropriations.
ments). (A) A portion of the funds allocated will be available to any
C. Have materials such as absorbent pads easily accessi- charitable, fraternal, or other nonprofit organization that
ble to clean up spills. wishes to clean up small, illegal, scrap tire sites in their area.
D. Properly dispose of all containers. These funds will be awarded under the following conditions:
E. The use of petroleum products for vegetative control 1. On a first-come-first-served basis;
is prohibited; 2. The organization(s) shall receive written approval from
4. Maintenance. the department prior to conducting the cleanup, state where
A. Conduct inspections of BMPs. they will dispose of the tires, and estimate the number of tires,

4 CODE OF STATE REGULATIONS (2/29/24) John R. Ashcroft

Secretary of State
10 CSR 80-9—DEPARTMENT OF NATURAL DIVISION 80—SOLID WASTE
RESOURCES MANAGEMENT

and the associated disposal costs for which the organization

plans to seek reimbursement from the department; and
3. Reimbursement shall be for disposal costs only.
(B) Another portion of the funds allocated will be available
for tires picked up as incidental wastes by nonprofit groups
which voluntarily clean up land or water resources and collect
scrap tires in the course of such cleanup. These funds will be
awarded under the following conditions:
1. On a first-come-first-served basis;
2. The organization(s) shall receive written approval from
the department prior to conducting the cleanup. The organiza-
tion(s) shall state where they will dispose of the tires and shall
estimate the number of tires and the associated disposal costs
for which the organization plans to seek reimbursement from
the department; and
3. Reimbursement shall be for disposal costs only.

(5) The department reserves the right to deny funding under

section (4) to any charitable, fraternal, or other nonprofit orga-
nization if adequate funds are not available or if the require-
ments of this section are not met.

(6) The charitable, fraternal or other not-for-profit organization

shall submit documentation (on forms provided by the depart-
ment) of the number of tires picked up and disposed of before
reimbursement will be approved or made.

AUTHORITY: sections 260.225, 260.273, and 260.276, RSMo 2016.*

Original rule filed April 16, 1997, effective Dec. 30, 1997. Amended:
Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed April 13,
2018, effective Feb. 28, 2019.

*Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995,
2015; 260.273, RSMo 1990, amended 1995, 1999, 2005, 2009, 2014; and 260.276, RSMo
1990, amended 1995, 2005, 2009.

10 CSR 80-9.040 Solid Waste Management Fund—Financial

Assistance for Waste Reduction and Recycling Projects
(Rescinded August 30, 2018)

AUTHORITY: sections 260.225 and 260.335, RSMo Supp. 1999.

Emergency rule filed Aug. 4, 1992, effective Oct. 1, 1992, expired
Jan. 28, 1993. Original rule filed Aug. 4, 1992, effective April
8, 1993. Amended: Filed Dec. 14, 1999, effective Aug. 30, 2000.
Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

10 CSR 80-9.050 Solid Waste Management Fund—District

Grants
(Terminated October 24, 2023)

AUTHORITY: sections 260.225, RSMo 2000, and 260.335, RSMo

Supp. 2006. Emergency rule filed Dec. 2, 1992, effective Dec. 12,
1992, expired April 11, 1993. Original rule filed Dec. 2, 1992, effec-
tive Aug. 9, 1993. Amended: Filed Dec. 14, 1999, effective Aug. 30,
2000. Amended: Filed Jan. 5, 2007, effective Oct. 30, 2007.

In the case of St. Louis—Jefferson Solid Waste Management

District v. Department of Natural Resources, State of Missouri
WD 85984, the court terminated 10 CSR 80-9.050, effective Oct.
24, 2023.

John R. Ashcroft (2/29/24) CODE OF STATE REGULATIONS 5

Secretary of State