Terms Used In Missouri Laws > Chapter 643 - Air Conservation

• Abatement project designer: an individual who designs or plans AHERA asbestos abatement. See Missouri Laws 643.020
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• AHERA: Asbestos Hazard Emergency Response Act of 1986 (P. See Missouri Laws 643.020
• Air contaminant: any particulate matter or any gas or vapor or any combination thereof. See Missouri Laws 643.020
• Air contaminant source: any and all sources of air contaminants whether privately or publicly owned or operated. See Missouri Laws 643.020
• Air pollution: the presence in the ambient air of one or more air contaminants in quantities, of characteristics and of a duration which directly and proximately cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interferes with the enjoyment of life or use of property. See Missouri Laws 643.020
• Ambient air: all space outside of buildings, stacks, or exterior ducts. See Missouri Laws 643.020
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Area of the state: any geographical area designated by the commission. See Missouri Laws 643.020
• Asbestos: the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite. See Missouri Laws 643.020
• Asbestos abatement: the encapsulation, enclosure or removal of asbestos-containing materials in or from a building or air contaminant source, or preparation of friable asbestos-containing material prior to demolition. See Missouri Laws 643.020
• Asbestos abatement contractor: any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than his own place of business. See Missouri Laws 643.020
• Asbestos abatement projects: an activity undertaken to encapsulate, enclose or remove one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic feet or more of regulated asbestos-containing materials from buildings and other air contaminant sources, or to demolish buildings and other air contaminant sources containing one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic feet or more of regulated asbestos-containing materials. See Missouri Laws 643.020
• Asbestos abatement supervisor: an individual who directs, controls, or supervises others in asbestos abatement projects. See Missouri Laws 643.020
• Asbestos abatement worker: an individual who engages in asbestos abatement projects. See Missouri Laws 643.020
• Asbestos air sampling professional: an individual who by qualifications and experience is proficient in asbestos abatement air monitoring. See Missouri Laws 643.020
• Asbestos-containing material: any material or product which contains more than one percent asbestos. See Missouri Laws 643.020
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Commission: the air conservation commission of the state of Missouri created in section 643. See Missouri Laws 643.020
• Competent person: as defined in the United States Occupational Safety and Health Administration's (OSHA) standard 29 C. See Missouri Laws 643.020
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: the department of natural resources of the state of Missouri. See Missouri Laws 643.020
• Dependent: A person dependent for support upon another.
• Director: the director of the department of natural resources. See Missouri Laws 643.020
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Emission: the discharge or release into the atmosphere of one or more air contaminants. See Missouri Laws 643.020
• Emission control regulations: limitations on the emission of air contaminants into the ambient air. See Missouri Laws 643.020
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
• Fraud: Intentional deception resulting in injury to another.
• Friable asbestos-containing material: any material containing more than one percent, as determined by either the method specified in appendix E, section 1 Polarized Light Microscopy in 40 C. See Missouri Laws 643.020
• Grinding: to reduce to powder or small fragments and includes mechanical chipping or drilling. See Missouri Laws 643.020
• hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: an individual who collects and assimilates information used to determine whether asbestos-containing material is present in a building or other air contaminant sources. See Missouri Laws 643.020
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Management planner: an individual, under AHERA, who devises and writes plans for asbestos abatement. See Missouri Laws 643.020
• Nonattainment area: any area designated by the governor as a "nonattainment area" as defined in the federal Clean Air Act, as amended, 42 U. See Missouri Laws 643.020
• Nonfriable asbestos-containing material: any material containing more than one percent asbestos as determined by either the method specified in appendix E, section 1 Polarized Light Microscopy in 40 C. See Missouri Laws 643.020
• Oath: A promise to tell the truth.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: any individual, partnership, copartnership, firm, company, or public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties. See Missouri Laws 643.020
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes real and personal property. See Missouri Laws 1.020
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• School district: seven-director districts, urban school districts, and metropolitan school districts, as defined in section 160. See Missouri Laws 643.020
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Small business: for the purpose of sections 643. See Missouri Laws 643.020
• State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• United States: includes such district and territories. See Missouri Laws 1.020