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Code · Missouri · Chapter 260

260.437. Rules and regulations, authority.

334 words·~2 min read·/mo/chapter-260/260-437

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260.437. Rules and regulations, authority. — 1. In addition to any other powers vested in it by law, the commission shall have the power to adopt, amend or repeal, after due notice and public hearing, standards, rules and regulations to implement sections 260.435 to 260.482 .
2. Except as provided in sections 260.565 to 260.573 , the commission shall not promulgate rules that are stricter than, apply prior to, or apply mandatory obligations outside of the requirements of Title 40, U.S. Code of Federal Regulations, Part 300, as promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended.
3. The commission shall file with the Missouri secretary of state any amendments necessary to ensure that rules are not inconsistent with the provisions of this section. Any rule contained in the Missouri code of state regulations that is inconsistent with the provisions of this section shall be null and void to the extent that it is inconsistent, and the least stringent rule shall control. Any such rule that applies mandatory obligations outside of the requirements of Title 40, U.S. Code of Federal Regulations, Part 300, as promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, shall be null and void.
4. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in sections 260.435 to 260.482 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2022, shall be invalid and void.
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(L. 1983 H.B. 528, A.L. 1995 S.B. 3, A.L. 2022 H.B. 2485)
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