Difference between revisions of "236.17 Junkyards"

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[[image:646.5 Junkyard Control.jpg|right|350px]]
 
[[image:646.5 Junkyard Control.jpg|right|350px]]
MoDOT is responsible for regulating the establishment, operation and maintenance of junkyards along the interstate and primary highway system.  The Federal Highway Beautification Act of 1965 requires MoDOT to regulate junkyards under [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.8.41&idno=23 23 CFR Section 751].  Additionally, Missouri’s rules and regulations regarding junkyards are located in [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.650 to 226.720] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-5.pdf 7 CSR 10-5].   
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MoDOT is responsible for regulating the establishment, operation and maintenance of junkyards along the interstate and primary highway system.  The Federal Highway Beautification Act of 1965 requires MoDOT to regulate junkyards under [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.8.41&idno=23 23 CFR Section 751].  Additionally, Missouri’s rules and regulations regarding junkyards are located in [http://www.moga.mo.gov/mostatutes/stathtml/22600006501.html RSMo Sections 226.650 to 226.720] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-5.pdf 7 CSR 10-5].   
  
In order to effectively maintain junkyards, an inventory system is maintained in MoDOT’s [[:Category:145 Transportation Management Systems (TMS)|Transportation Management System]] (TMS).  Failure to effectively regulate junkyards could cause the State of Missouri to lose up to seven percent of its annual share of Federal Highway construction money as provided in [http://www.law.cornell.edu/uscode/text/23/121 23 USC 121 (b)] and [http://epg.modot.org/files/e/e9/236.16_Federal-State_Agreement.pdf Missouri’s federal-state agreement] between MoDOT and the Federal Highway Administration dated February 22, 1972. 
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In order to maintain effective control of junkyards, an inventory system is maintained in MoDOT’s [http://tms/home/ Transportation Management System] (TMS). This allows staff to directly link to relevant MoDOT applications, easily update and manage junkyard traits; attach and view photos and correspondence; and generate template correspondence and reports.  Failure to provide effective control of  junkyards could cause the State of Missouri to lose up to 7 percent of its annual share of Federal Highway construction money as provided in [https://www.law.cornell.edu/uscode/text/23/121 23 USC 136 (b)].  
  
 
Additional information concerning the junkyard program can be found in [[236.3 Administration#236.3.8 Junkyard Control and Acquisition|EPG 236.3.8 Junkyard Control and Acquisition]].  
 
Additional information concerning the junkyard program can be found in [[236.3 Administration#236.3.8 Junkyard Control and Acquisition|EPG 236.3.8 Junkyard Control and Acquisition]].  
{|style="padding: 0.3em; margin-left:15px; border: 1px solid #cccccc; text-align:center; font-size: 95%; background:#f5f5f5" width="400px" align="right"   
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|-   
 
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|colspan="2"|<center>'''Forms'''</center>
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|colspan="2"|<center>'''Additional Information'''</center>
 
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/60%20Day%20Non%20Licensed%20Compliant%20Letter.pdf 60-Day Non-Licensed Compliant Letter]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/60%20Day%20Not%20Licensed%20Noncompliant%20Letter.pdf 60-Day Not Licensed Noncompliant Letter]
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|[https://www.modot.org/sites/default/files/documents/Application%20For%20License%20to%20Maintain%20A%20Junkyard_1.pdf Application for License to Maintain a Junkyard] ||[https://www.modot.org/sites/default/files/documents/2018%20JY%20BOOKLET%20to%20post.pdf Missouri Control of Junkyards]
 
|-
 
|-
|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/60%20Day%20Notice%20Noncompliant%20Licensed%20Junkyard.pdf 60-Day Notice Noncompliant License Junkyard]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Application%20for%20License%20to%20Maintain%20A%20Junkyard.pdf Application for License to Maintain a Junkyard]
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|[https://www.modot.org/sites/default/files/documents/New%20Junkyard%20Information%20Sheet.pdf New Junkyard Information Sheet] ||[https://www.modot.org/contact-us-area-locations-information Outdoor Advertising Area Map]
 
|-
 
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20Checklist%20to%20Legal%20Department.pdf Junkyard Checklist to Legal Department]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20Information%20Sheet%20for%20Renewal.pdf Junkyard Information Sheet for Renewal]
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|[https://www.modot.org/outdoor-advertising-home Outdoor Advertising Internet Site] ||[https://www.modot.org/sites/default/files/documents/Missouri%20Control%20of%20Junkyards%20Brochure.pdf Right of Way's Brochure, ''Missouri Control of Junkyards'']
 
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Cover%20Letter.pdf Junkyard License Cover Letter]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Delinquent.pdf Junkyard License Delinquent]
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|colspan="2"|<center>'''Controlled Routes'''</center>
 
|-
 
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Denial%20Letter.pdf Junkyard License Denial Letter]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Expiration%20Cover%20Letter.pdf Junkyard License Expiration Cover Letter]
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|[https://www.modot.org/sites/default/files/documents/ODA_Junkyard_wAreas9272018%20%282%29.pdf Junkyard Controlled Travelway Map] || [https://www.modot.org/junkyard-controlled-travelway-map-county Junkyard Controlled Travelway Map by County]
 
|-
 
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Expired.pdf Junkyard License Expired]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License.pdf Junkyard License]
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|[https://www.modot.org/sites/default/files/documents/JunkyardControlledRoutes_0.pdf Junkyard Controlled Travelway Report]||  
|-
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20Licensed%20Noncompliant.pdf Junkyard License Noncompliant]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20Request%20for%20Survey.pdf Junkyard Request for Survey]
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|-
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Letter%20to%20ODA%20Manager%20Requesting%20Legal%20Action.pdf Letter to ODA Manager Requesting Legal Action]||[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/New%20Junkyard%20Information%20Sheet.pdf New Junkyard Information Sheet]
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|-
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|colspan="2"|<center>'''Other Information'''</center>
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|-
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|[[media:236.17 Junkyard map 2013.pdf|Controlled Travelways Map]]||[http://modot.org/business/Outdoor_Advertising/documents/JunkyardControlledRoutes.pdf Controlled Travelways Description]
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|-
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|[http://modot.org/business/Outdoor_Advertising/documents/JunkyardManual.pdf "Missouri Control of Junkyards" Booklet]||[[media:236.17 Missouri Control of Junkyards Brochure 2015.pdf|"Missouri Control of Junkyards" Brochure]]
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|-
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|[http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Outdoor%20Advertising%20Area%20Map.pdf Outdoor Advertising Area Map]
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||[http://www.modot.org/business/outdoor_advertising/ Outdoor Advertising's internet site]
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|}
 
|}
  
 
==236.17.1 General Information==
 
==236.17.1 General Information==
  
'''Reason.''' Procedures have been established to enable [http://epg.modot.org/index.php?title=236.16_Outdoor_Advertising#236.16.2_Organization_.26_Personnel Outdoor Advertising staff] to be completely informed and able to perform their duties in a skillful manner.  Each employee is a professional and must accomplish assigned duties in a professional manner.
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====236.17.1.1 Reason====
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Procedures have been established to enable [http://epg.modot.org/index.php?title=236.16_Outdoor_Advertising#236.16.2_Organization_.26_Personnel Outdoor Advertising staff] to be completely informed and able to perform their duties in a skillful manner.  Each employee is a professional and must accomplish assigned duties in a professional manner.
  
'''Scope.''' This procedure guide contains the regulations, requirements and procedural directives governing junkyard control and will be updated and amended as needed.
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====236.17.1.2 Scope====
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This procedure guide contains the regulations, requirements and procedural directives governing junkyard control and will be updated and amended as needed.
  
'''Purpose.''' This article is used as the policy and procedure guide for MoDOT.  The contents establish a uniform method for completing each phase of the junkyard process.  Written authority to deviate from the prescribed policy must be obtained from the ODA manager.
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====236.17.1.3 Purpose====
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This article is used as the policy and procedure guide for MoDOT.  The contents establish a uniform method for completing each phase of the junkyard process.  Written authority to deviate from the prescribed policy must be obtained from the outdoor advertising manager.
  
'''One Standard of Operation.''' MoDOT has only one standard of operation, which is applicable for all junkyard processes.
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====236.17.1.4 One Standard of Operation====
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MoDOT has only one standard of operation, which is applicable for all junkyard processes.
  
'''Federal Regulations.''' Federal regulations governing junkyard control are found in [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.8.41&idno=23 23 CFR Section 751].
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====236.17.1.5 Federal Regulations====
 
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Federal regulations governing junkyard control are found in [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.8.41&idno=23 23 CFR Section 751]. The Federal Highway Administration and MoDOT work cooperatively to ensure federal requirements are met to avoid loss of construction money.  
'''Federal Highway Administration - State Relationship.''' The Federal Highway Administration and MoDOT work cooperatively to ensure federal requirements are met to avoid loss of Federal Highway Administration construction money. The Federal Highway Administration is not intended  to be a policing agency for junkyard control; they should assist MoDOT in meeting federal requirements.
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==236.17.2 Organization & Personnel==
 
==236.17.2 Organization & Personnel==
  
The role of MoDOT's outdoor advertising staff is to promote consistent business practices for the control of junkyards. MoDOT is given the authority to regulate junkyards in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.650 to 226.720]. An inventory system for junkyards is maintained in [[:Category:145 Transportation Management Systems (TMS)|TMS]].  
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The role of MoDOT's outdoor advertising staff is to promote consistent business practices for the control of junkyards. This effort is achieved through cooperation with the public and other federal, state and city organizations, as well as MoDOT partnering divisions.  
 
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|[[236.16 Outdoor Advertising#The Outdoor Advertising Central Office is located in Jefferson City|'''Contact Info for MoDOT Area Specialists]]'''
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|[https://www.modot.org/contact-us-area-locations-information  '''Contact Info for MoDOT Area Specialists]'''
 
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The Outdoor Advertising Central Office is located in Jefferson City, Missouri with six [[236.16 Outdoor Advertising#The Outdoor Advertising Central Office is located in Jefferson City|area specialists located throughout the state]] to best serve our customers. Activities outlined in the following portions of this article and in [[236.16 Outdoor Advertising|EPG 236.16 Outdoor Advertising]] shall be undertaken by each Outdoor Advertising employee.
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The Outdoor Advertising Central Office is located in Jefferson City, Missouri with six [https://www.modot.org/contact-us-area-locations-information  area specialists located throughout the state] to best serve our customers. Activities outlined in the following portions of this article and in [[236.16 Outdoor Advertising|EPG 236.16 Outdoor Advertising]] shall be undertaken by each outdoor advertising employee.
  
==236.17.3 Licensing of Junkyard==
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==236.17.3 Controlled Routes==
  
Customer’s interested in establishing, operating or maintaining a new junkyard along the interstate and primary highway system should submit an [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Application%20for%20License%20to%20Maintain%20A%20Junkyard.pdf Application for License to Maintain a Junkyard] and a [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/New%20Junkyard%20Information%20Sheet.pdf Junkyard Information Sheet] for approval prior to operating the junkyard.
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MoDOT is responsible for regulating junkyards adjacent to the interstate and primary highway system.  (Refer to the [https://www.modot.org/sites/default/files/documents/ODA_Junkyard_wAreas9272018%20%282%29.pdf map], [https://www.modot.org/junkyard-controlled-travelway-map-county county map] or [https://www.modot.org/sites/default/files/documents/JunkyardControlledRoutes_0.pdf description]).
  
===236.17.3.1 Processing of Application===
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==236.17.4 Licensing of Junkyard==
Upon receipt of an Application for License to Maintain a Junkyard and New Junkyard Information Sheet, the following procedures shall apply:
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This procedure provides guidance for the licensing process of junkyards in accordance with RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.
  
:* The application shall be time and date stamped.
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===236.17.4.1 Application Process===
:* The application information, including involved party information, shall be entered in [[:Category:145 Transportation Management Systems (TMS)|TMS]] with a permit status of “Recorded”.
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Upon receipt of an [https://www.modot.org/sites/default/files/documents/Application%20For%20License%20to%20Maintain%20A%20Junkyard_1.pdf Application for License to Maintain a Junkyard] and [https://www.modot.org/sites/default/files/documents/New%20Junkyard%20Information%20Sheet.pdf Junkyard Information Sheet], the following procedures apply:  
:* Application fees shall be sent to the Financial Services Office for deposit (see [[#236.17.9 Processing Financial Transactions|Processing Financial Transactions]]).
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:* The application and information sheet shall be reviewed and include all information necessary to process the application; receipt of the $10.00 application fee; and notarized signature by the applicant on the back of the application.
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If the application and information sheet are complete, but clarification of an item is necessary, a phone call may be placed to obtain clarification.  The conversation shall be documented in the comment section in TMS.  
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:* The application shall be time and date stamped.
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:* The information provided on the application, including involved party information, should be entered and assigned a transaction number with status “RECORDED” and reason “PENDING”; and application type “JUNKYARD” with permit status “RECORDED” and reason “RESEARCH”. 
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:* The application fee shall be forwarded to the Financial Services Office for deposit (see [[#236.17.14 Financial Transactions|EPG 236.17.14 Financial Transactions]]).
 +
:* Junkyard applications will be reviewed within 10 working days.
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:* If clarification of an item is necessary, a phone call may be placed to obtain clarification.  The conversation may be documented in the comments section.  If written clarification is necessary, the applicant may be given an appropriate deadline of not more than 10 working days to respond. 
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:* If the application is incomplete, it may be rejected (see [[#236.17.4.3 Denying a New License|EPG 237.17.4.3 Denying a New License]]). 
 +
:* The area specialist should perform a site inspection and enter this information in TMS.  
  
If the application and information sheet are incomplete, the application shall be rejected and the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Denial%20Letter.pdf Junkyard License Denial Letter] shall be generated in TMS explaining the reason(s) for rejection (see [[#236.17.3.4 Denial of Junkyard Application|Denial of Junkyard Application]]).
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Original applications that have been resubmitted should be entered under the original transaction number with permit status “RESUBMITTED” and reason “RESEARCH”.
  
===236.17.3.2 Inspecting a Location===
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===236.17.4.2 Issuing a New License===
Upon processing an application, the area specialist shall perform an inspection to determine if the location meets the description of a junkyard as defined in [http://www.moga.mo.gov/STATUTES/C226.HTM Section 226.650 to 226.720 RMSo] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-5.pdf 7 CSR 10-5.010]. Inspections shall be entered under the “Action / Insp List” in TMS.
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If the application and site inspection meet the requirements, a license shall be issued. The status shall be changed to “CONFORMING” with reason “COMPLIANCE” and the permit status shall be changed to “ACCEPTED” with reason “COMPLIANT”. TMS will automatically generate the Junkyard License Cover Letter and Junkyard License. The area specialist shall change the expiration date to January 1 with the exception of new licenses issued during the months of October, November or December, which shall expire January 1 of the following year. The license, application and information sheet, along with the supporting documentation should be attached in TMS and filed (see [[#236.17.15 Creating a New File|EPG 236.17.15 Creating a New File]]). The cover letter and license shall be sent to the applicant.  
  
The area specialist shall:
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===236.17.4.3 Denying a New License===
:* Obtain the beginning and ending log mile using the distance measuring device installed in the state vehicle and the appropriate county log book available on TMS.
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If the application and/or site inspection does not meet the requirements, the application should be rejected. The permit status shall be changed to “REJECTED” with the appropriate reason and the Junkyard License Denial Letter generated explaining the reason(s) for the rejection. Additional information regarding the denial may be documented in the comments section. The denial letter, application, and information sheet, along with the supporting documentation should be attached in TMS. The original application, information sheet, and supporting documentation should be returned to the applicant with the denial letter.  A refund of the application fee shall be requested through the Financial Services Office (see EPG 237.17.14 Financial Transactions). 
:* Photograph the location including the surrounding area and screening and attach the photographs in TMS.
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:* Verify the following traits:
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::o Junkyard name
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::o City and zoning information
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::o Approximate distance from the right of way
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::o Approximate width and depth
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::o Screen type, condition and quality
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::o Type of junk
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::o Approximate vehicles and running vehicles
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===236.17.3.3 Issuing a New License===
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==236.17.5 Junkyard Renewal==
If the application meets screening requirements, a license shall be issued.  The permit status shall be changed from “Recorded” to “Accepted” and the feature list status shall be changed to “Conforming”.  TMS will automatically generate the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Cover%20Letter.pdf Junkyard License Cover Letter] and [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License.pdf Junkyard License]. The area specialist shall change the expiration date to December 31 of that year with the exception of new licenses issued during the months of October, November or December shall expire December 31 of the following year. The area specialist shall auto save the license to TMS Media.  The original license, along with the application and supporting documentation, shall be scanned and attached in TMS and filed (see [[#236.17.10 Creating a New File|EPG 236.17.10 Creating a New File]]).  The cover letter and license shall be sent to the applicant. 
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===236.17.3.4 Denial of Junkyard Application===
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This procedure provides guidance for the annual junkyard inspection process and license renewal pursuant to RSMo Section 226.670 and 7 CSR 10-5.010.
If the application does not meet screening requirements, the application will be rejected.  The permit status shall be changed from “Recorded” to “Rejected”.
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The area specialist shall generate the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Denial%20Letter.pdf Junkyard License Denial Letter] in TMS selecting the reason(s) for rejection and auto save the denial letter to TMS.   
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Junkyard licenses expire on January 1 with the exception of new licenses issued during the months of October, November or December, which shall expire January 1 of the following year. Junkyards are inspected October 1 through November 30 each year to ensure compliance.
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Beginning October 1, the area specialist shall change the status of all licensed junkyards from “ACCEPTED” to “PENDING INSPECTION” in the Junkyard Year End application in TMS.  Between October 1 and November 30, the area specialist should travel the controlled routes and perform an annual inspection for all junkyardsThe annual inspection, including comments, changes and photos, should also be entered between October 1 and November 30.
  
The denial letter shall be scanned and attached to the appropriate transaction number in TMS. Additional information regarding the denial shall be documented in the comment section of TMS.  
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===236.17.5.1 Compliant===
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If the junkyard is in compliance, the permit status shall be changed from “PENDING INSPECTION” to “PENDING RENEWAL” with the Junkyard License Renewal and Junkyard Information Sheet for Renewal generated and sent to the junkyard owner.
  
A copy of the application and the denial letter, along with all attachments, shall be kept on file (see [[#236.17.11.2 File Storage Process|File Storage Process]] and [[#236.17.11.3 Retention of Records|Retention of Records]]).  
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Upon receipt of the Junkyard Information Sheet for Renewal and $10.00 fee (see [[#236.17.14 Financial Transactions|EPG 236.17.14 Financial Transactions]]), the permit status shall be changed from “PENDING RENEWAL” to “ACCEPTED” with the Junkyard License Cover Letter and Junkyard License with an expiration date of January 1 generated and sent to the junkyard owner.  The information sheet should be attached in TMS.  
  
The original denial letter, original application, and all other attachments shall be returned to the applicant.  
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===236.17.5.2 Expired===
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If the Junkyard Information Sheet for Renewal and $10.00 fee are not received by February 1 for a compliant junkyard, the permit status shall be changed from “PENDING RENEWAL” to “EXPIRED-PENDING RENEWAL” and the junkyard status shall be changed from “CONFORMING” to “ILLEGAL-PERMIT EXPIRED”.  Upon verification of the junkyard owner and address, the Junkyard License Expired and Junkyard Information Sheet for Renewal shall be generated and sent to the junkyard owner.
  
A refund for the $10.00 application fee shall be requested through the Financial Services Office. The following information must be provided:
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Upon receipt of the Junkyard Information Sheet for Renewal and $10.00 fee (see EPG 236.17.14 Financial Transactions), the permit status shall be changed from “EXPIRED-PENDING RENEWAL” to “EXPIRED-PENDING INSPECTION” and the area specialist shall perform an annual inspection.
  
:::Name and address on the check,
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If the junkyard is still in compliance, the permit status shall be changed from “EXPIRED-PENDING INSPECTION” to “ACCEPTED” with the Junkyard License Cover Letter and Junkyard License with an expiration date of January 1 generated and sent to the junkyard owner.  The information sheet should be attached in [http://tms/home/ TMS].
:::Amount,
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:::Transmittal number,
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If the junkyard owner fails to submit the information sheet and $10.00 fee, the 60-Day Failure to Renew Compliant Notice may be requested (see EPG 236.17.10 60-Day Notice).
:::Check number,  
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:::and reason the money is being refunded.  
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==236.17.4 Illegal Junkyard Process==
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If the junkyard is not in compliance, see EPG 236.17.5.3 Noncompliant.
 +
 
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===236.17.5.3 Noncompliant===
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If the junkyard is in noncompliance, the junkyard status shall be changed from “CONFORMING” to “ILLEGAL” with the appropriate reason and the Junkyard Violation 1st generated and sent to the junkyard owner.  Any conversations concerning the junkyard may be noted in the comments section. 
  
Possible junkyard locations are identified through observation, complaints, or the [http://dor.mo.gov/ Department of Revenue’s] Dealer Salvage Report. Upon the identification of a possible junkyard, the area specialist shall perform an inspection (see [[#236.17.3.2 Inspecting a Location|Inspecting a Location]]) to determine if the location meets the description of a junkyard as defined in [http://www.moga.mo.gov/STATUTES/C226.HTM Section 226.650 to 226.720 RSMo] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-5.pdf 7 CSR 10-5.010].  
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If the junkyard owner requests additional time after receiving the Junkyard Violation 1st, a reasonable timeframe may be set.  The conversation may be noted in the comments section. The area specialist may generate the Timeframe Follow-up with the agreed upon information.  The area specialist should regularly inspect the junkyard and contact the owner regarding progress.
  
===236.17.4.1 Non-Junkyard===
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When the timeframe has expired, the specialist should perform an annual inspection.
If the site is close to meeting the definition of a junkyard, the area specialist shall create a new transaction in [[:Category:145 Transportation Management Systems (TMS)|TMS]] with a permit status of “Temporary” and feature list status as “Non-junkyard” and monitor the site.  
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===236.17.4.2 Legal Junkyard That Requires a License===
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:* If the junked items have been removed or cleaned up, the transaction shall be voided (see EPG 236.17.11 Voiding of Junkyard License). 
If the location meets the definition of a junkyard and screening requirements are met, the area specialist shall create a new transaction in TMS with a permit status of “Temporary” and feature list status of “Illegal”, enter a passed annual inspection, and generate the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/60%20Day%20Non%20Licensed%20Compliant%20Letter.pdf 60-Day Non-Licensed Compliant Letter].  Any conversations concerning the junkyard shall be documented in the comments section in TMS. Refused or unclaimed letters shall be date/time stamped, documented in the comments section in TMS and placed in the file.  
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:* If the junkyard has been brought into compliance and the information sheet and $10.00 fee has been received, a license may be issued (see [[#236.17.5.1 Compliant|EPG 236.17.5.1 Compliant]]). 
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:* If the junkyard has been brought into compliance; however, the information sheet and $10.00 fee has not been received, the specialist should contact the junkyard owner that a license is required.
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:If the junkyard owner fails to submit the information sheet and $10.00 fee, the 60-Day Failure to Renew Compliant Notice may be requested (see [[#236.17.10 60-Day Notice|EPG 236.17.10 60-Day Notice]]).   
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:* If the junkyard is still not in compliance and/or the junkyard clean-up is not progressing, the Junkyard Violation 2nd should be generated and sent to the junkyard owner.
 +
:If the junkyard remains noncompliant and/or the junkyard clean-up is not progressing, the 60-Day Licensed Noncompliant Notice may be requested (see EPG 236.17.10 60-Day Notice). 
  
If the completed application, information sheet, supporting documentation, and  $10.00 application fee (see [[#236.17.3 Licensing of Junkyard|Licensing of Junkyard]]) is received within the 30-day inspection window, the area specialist shall issue a junkyard license.
+
==236.17.6 Status of Licensed Junkyard==
  
If the completed application, information sheet, supporting documentation and $10.00 application fee (see [[#236.17.3 Licensing of Junkyard|Licensing of Junkyard]]) is received outside the 30-day inspection window, the area specialist shall perform another annual inspection.  If the location meets the definition of a junkyard and screening requirements are met, the area specialist shall issue a junkyard license.
+
Junkyards are classified as recorded, conforming, nonconforming or illegal based on current statutory and administrative rule requirements for junkyards.
  
===236.17.4.3 Illegal Junkyard That Requires Corrective Action and License===
+
===236.17.6.1 Recorded===
[[Image:236.17.7 junkyard3.jpg|right|350px]]
+
Upon receiving an Application for License to Maintain a Junkyard and Junkyard Information Sheet, the status is classified as recorded.
If the location meets the definition of a junkyard; however, screening requirements are not met, the area specialist shall create a new transaction in TMS with a permit status of “Temporary” and feature list status of “Illegal”, enter a failed surprise inspection, and generate the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/60%20Day%20Non%20Licensed%20Compliant%20Letter.pdf 60-Day Not Licensed Noncompliant Letter]. This letter, along with a copy of the regulation booklet “Missouri Control of Junkyards”, shall be sent to both the landowner and junkyard owner by certified mail. The area specialist may obtain property owner information from the county assessor’s office or by requesting a Title Commitment from the district right of way office. Any conversations concerning the junkyard shall be documented in the comments section in TMS. Refused or unclaimed letters shall be date/time stamped, documented in the comments section in TMS and placed in the file.  
+
  
Once all requirements are met, and a completed application, information sheet, supporting documentation and $10.00 application fee (See Licensing of Junkyard) are received, the area specialist shall enter a passed annual inspection and issue a junkyard license. If the completed Application for License to Maintain a Junkyard is received and the screening requirements have not been met, the application shall be denied (See Denial of Junkyard Application).
+
===236.17.6.2 Conforming===
 +
A licensed junkyard is classified as conforming when it meets the current requirements for junkyards pursuant to RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.
  
If the requirements are not met in the 60-day time frame, the area specialist may contact the ODA manager to discuss legal action (see [[#236.17.8 Junkyard Legal Proceedings|Junkyard Legal Proceedings]]). Legal action may be pursued through the [http://wwwi/intranet/cc/modot.asp?nav= Chief Counsel’s office (CCO)].
+
===236.17.6.3 Nonconforming (Grandfathered)===
 +
A licensed junkyard is classified as nonconforming (grandfathered) when a new route is controlled and the junkyard is licensed in its current condition, which fails to meet the current requirements for junkyards pursuant to RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.
  
==236.17.5 Renewal of Junkyard License==
+
===236.17.6.4 Illegal===
 +
A licensed junkyard is classified as illegal when it has violated the requirements for junkyards pursuant to RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.
  
Junkyard licenses expire on December 31st of each year. Area specialists are to complete inspections (see [[#236.17.3.2 Inspecting a Location|Inspecting a Location]]) October 1st through November 30th of each year for current licensed junkyards to ensure compliance for renewal. Beginning October 1, the area specialist shall run the TMS report “Junkyard Inventory by Area” and change the status of all permitted junkyards from “Accepted” to “Pending Inspection” in [[:Category:145 Transportation Management Systems (TMS)|TMS]].
+
==236.17.7 Inspection Process==
  
===236.17.5.1 Compliant===
+
This procedure provides guidance for the various inspection processes for junkyards.   
If the junkyard is found to be compliant, the area specialist shall enter a passed annual inspection, change the permit status from “Pending Inspection” to “Pending Renewal”, change the current expiration date to reflect the end of year date, and generate the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Expired.pdf Junkyard License Expired Cover Letter]The area specialist shall mail this letter along with the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20Information%20Sheet%20for%20Renewal.pdf Junkyard Information Sheet for Renewal] to the junkyard owner.
+
  
Upon receipt of the Junkyard Information Sheet for Renewal and the $10.00 fee from the junkyard owner (see [http://epg.modot.org/index.php?title=236.16_Outdoor_Advertising#236.16.3.1_Processing_Financial_Transactions EPG 236.16.3.1 Processing Financial Transactions]), the area specialist shall change the permit status from “Pending Renewal” to “Accepted”.  The Junkyard License Cover Letter and [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License.pdf Junkyard License] shall be generated in TMS. When generating the Junkyard License, the area specialist shall change the expiration date to December 31 of the new year.  The information sheet and all supporting documentation shall be scanned and attached to the appropriate transaction number in TMS.
+
===236.17.7.1 Site Inspection===
 +
A site inspection must be completed for each new junkyard.  The area specialist should take a photo(s) of the junkyard and upload in TMS; obtain the begin log and end log; and verify the following information:
  
If the Information sheet and $10.00 fee are not received by February 1, the area specialist shall change the permit status from “Pending Renewal” to “Expired- Pending Renewal”, change the feature list status to “Illegal- Permit Expired”, and verify the junkyard owner and address for accuracy.  Upon verification, the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20License%20Expired.pdf Junkyard License Expired] letter shall be generated in TMS. 
+
:* Location: junkyard location requirements were met
 +
:* Zoning: junkyard zoning requirements were met
 +
:* Screening: junkyard screening requirements were met
 +
:* Screen Condition: junkyard screen condition requirements were met
  
===236.17.5.2 Noncompliant===
+
===236.17.7.2 Annual Inspection===
If the junkyard is found to be noncompliant, the area specialist shall enter a failed annual inspection, change the feature list status to “Illegal” and generate the [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20Licensed%20Noncompliant.pdf Junkyard Licensed Noncompliant] letter in TMS. The owner shall have sixty (60) days to bring the junkyard into compliance. 
+
An annual inspection should be completed each year for all junkyards between October 1 and November 30.  During the inspection, any changes to the junkyard should be noted.  The junkyard status and all junkyard traits should be verified. The area specialist should take a photo(s) of the junkyard and upload in TMS and verify the following information:
  
If the junkyard is still found to be noncompliant after sixty (60) days, the area specialist shall verify the junkyard owner and address for accuracy.  If there are changes to the owner or address information, another Junkyard Licensed Noncompliant letter shall be generated in TMS. 
+
:* Location: junkyard location requirements were met
 +
:* Zoning: junkyard zoning requirements were met
 +
:* Screening: junkyard screening requirements were met
 +
:* Screen Condition: junkyard screen condition requirements were met
  
If the junkyard is still found to be noncompliant after it has been determined that the letter was mailed to the correct owner and address, the area specialist may contact the ODA manager to discuss legal action (See Junkyard Legal Proceedings). Legal action may be pursued through the [http://wwwi/intranet/cc/modot.asp?nav= Chief Counsel’s office (CCO)].
+
===236.17.7.3 Surprise Inspection===
 +
A surprise inspection may be conducted and entered in TMS when changes have been noted.  Any changes to the junkyard may be noted in the comments section and include compliance information.  The area specialist should take a photo(s) of the changes and upload in TMS and verify the following information:
  
==236.17.6 Voiding of Junkyard License==
+
:* Location: junkyard location requirements were met
 +
:* Zoning: junkyard zoning requirements were met
 +
:* Screening: junkyard screening requirements were met
 +
:* Screen Condition: junkyard screen condition requirements were met
  
This procedure provides guidance for voiding junkyard permits in accordance with [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.650 to 226.720] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-5.pdf CSR 10-5.010].
+
==236.17.8 Adding or Removing Controlled Routes==
 +
 
 +
Based on changes made to functional classifications, routes classified as the National Highway System (NHS) or primary system may be added and removed for the control of junkyards. 
 +
 
 +
===236.17.8.1 Adding Controlled Routes===
 +
Routes reclassified and designated as part of the NHS or primary system shall be regulated for the control of junkyards.  Existing junkyards located along the route prior to the designation shall be grandfathered in their current condition and required to either obtain a license or clean-up the junkyard.  The route should be inventoried within ninety (90) days of notification to document junkyards with a site inspection to determine junkyard status. 
 +
 
 +
Junkyards that have been approved as grandfathered should be assigned a transaction number with the appropriate junkyard status and reason.  If the junkyard status is “NONCONFORMING”, the reason should be “GRANDFATHER”.  The permit type should remain as “PSEUDO” with status of “TEMPORARY” reason “AUTO SETUP” and the Grandfathered Junkyard generated and sent to the junkyard owner, along with an Application for License to Maintain a Junkyard, Junkyard Information Sheet, and Missouri Control of Junkyards brochure.  Any conversations concerning the junkyard may be noted in the comments section. 
 +
 
 +
:* If the completed application, information sheet, supporting documentation, and $10.00 application fee is received within the 30-day inspection window, the area specialist shall issue a junkyard license (see [[#236.17.4 Licensing of Junkyard|EPG 236.17.4 Licensing of Junkyard]]).
 +
:* If the completed application, information sheet, supporting documentation and $10.00 application fee is received outside the thirty (30) day inspection window, the area specialist shall perform another site inspection. If the location still meets the definition of a junkyard, the area specialist shall issue a junkyard license (see EPG 236.17.4 Licensing of Junkyard).
 +
:* If a response is not received after 30 days, a site inspection should be completed to confirm the junkyard status.  Further research may be necessary to confirm ownership.  If the junkyard has not been cleaned-up, the area specialist should contact the junkyard owner to discuss licensing with the Grandfathered Junkyard generated and sent to the junkyard owner. 
 +
:* If the junkyard owner fails to submit the application, information sheet, supporting documentation and $10.00 fee, the 60-Day Not Licensed Compliant Notice may be requested (see [[#236.17.10 60-Day Notice|EPG 236.17.10 60-Day Notice]]). 
 +
 
 +
===236.17.8.2 Removing Controlled Routes===
 +
Routes that are reclassified and removed from the NHS or primary system shall no longer be regulated for the control of junkyards.  For NHS routes, upon approval by the Federal Highway Administration and outdoor advertising manager, licensed junkyards along these routes shall be voided (see [[#236.17.11 Voiding of Junkyard License|EPG 236.17.11 Voiding of Junkyard License]]).  For primary routes, upon approval by the Missouri Highways and Transportation Commission and the outdoor advertising manager, licensed junkyards along these routes shall be voided (see EPG 236.17.11 Voiding of Junkyard License).  Information regarding approval for removal of the controlled route shall be attached in TMS.
 +
 
 +
==236.17.9 Unauthorized Illegal Junkyards==
 +
 
 +
Possible junkyard locations are identified through observation, complaints, or the [http://dor.mo.gov/ Department of Revenue’s] Dealer Salvage Report. Upon the identification of a possible junkyard, the area specialist shall perform a site inspection to determine if the location meets the description of a junkyard in accordance with RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.
 +
 
 +
===236.17.9.1 Non-Junkyard===
 +
If the location is close to meeting the definition of a junkyard, the area specialist shall create a new transaction in TMS with a junkyard status of “NON-JY” and the appropriate reason.  The permit type should remain as “PSEUDO” with status “TEMPORARY” and reason “AUTO SETUP”.  The area specialist should continue to monitor the site for compliance.
 +
 
 +
===236.17.9.2 Junkyard That Requires a License===
 +
If the location meets the definition of a junkyard and screening requirements are met, the area specialist shall create a new transaction in TMS with a junkyard status of “ILLEGAL” and the appropriate reason.  The permit type should remain as “PSEUDO” and permit status “TEMPORARY” with reason “AUTO SETUP”.  A site inspection should be performed with the Junkyard Violation 1st  generated and sent to the junkyard owner, along with an Application for License to Maintain a Junkyard, Junkyard Information Sheet, and Missouri Control of Junkyards brochure.  Any conversations concerning the junkyard may be noted in the comments section.
 +
 
 +
:* If the completed application, information sheet, supporting documentation, and $10.00 application fee is received within the 30-day inspection window, the area specialist shall issue a junkyard license (see EPG 236.17.4 Licensing of Junkyard).
 +
:* If the completed application, information sheet, supporting documentation and $10.00 application fee  is received outside the 30-day inspection window, the area specialist shall perform another site inspection. If the location still meets the definition of a junkyard and screening requirements are met, the area specialist shall issue a junkyard license (see EPG 236.17.4 Licensing of Junkyard).
 +
:* If a response is not received after 30 days, a site inspection should be completed to confirm the junkyard status.  Further research may be necessary to confirm ownership.  If the junkyard has not been cleaned-up, the area specialist should contact the junkyard owner or landowner to discuss licensing with the Junkyard Violation 2nd generated and sent to the junkyard owner. 
 +
:* If the junkyard owner fails to submit the application, information sheet, supporting documentation and $10.00 fee, the 60-Day Not Licensed Compliant Notice may be requested (see EPG 236.17.10 60-Day Notice). 
 +
 
 +
===236.17.9.3 Junkyard That Requires Corrective Action and License===
 +
If the location meets the definition of a junkyard; however, screening requirements are not met, the area specialist shall create a new transaction in TMS with a junkyard status of “ILLEGAL” and the appropriate reason.  The permit type should remain as “PSEUDO” with permit status “TEMPORARY” and reason “AUTO SETUP”.  A site inspection should be performed with the Junkyard Violation 1st generated and sent to the junkyard owner, along with an Application for License to Maintain a Junkyard, Junkyard Information Sheet, and Missouri Control of Junkyards brochure.  Any conversations concerning the junkyard may be noted in the comments section.
 +
 
 +
If the junkyard owner requests additional time after receiving the Junkyard Violation 1st , a reasonable timeframe may be set. The conversation may be noted in the comments section.  The area specialist may generate the Timeframe Follow-up with the agreed upon information.
 +
 
 +
The area specialist should regularly inspect the junkyard and contact the owner regarding progress.
 +
 
 +
When the timeframe has expired, the specialist should perform a site inspection.
 +
:* If the junked items have been removed or cleaned up, the transaction shall be voided (see EPG 236.17.11 Voiding of Junkyard License).
 +
:* If the junkyard has been brought into compliance and an application, information sheet, supporting documentation and $10.00 application fee has been received, a license may be issued (see EPG 236.17.4 Licensing of Junkyard). 
 +
:* If the junkyard has been brought into compliance; however, an application has not been received, the specialist should inform the junkyard owner that a license is required.
 +
:* If the junkyard is still not in compliance and/or the junkyard clean-up is not progressing, the Junkyard Violation 2nd should be generated and sent to the junkyard owner. 
 +
:If the junkyard remains noncompliant and/or the junkyard clean-up is not progressing, the 60-Day Not Licensed Noncompliant Notice may be requested (see EPG 236.17.10 60-Day Notice).
 +
 
 +
==236.17.10 60-Day Notice==
 +
Junkyard owner and landowner information should be verified prior to submitting a request to issue notice and may be determined by researching county records in the assessor’s office.  A Request to Issue Notice should be generated and sent to the outdoor advertising manager for review.  Upon approval, either the 60-Day Licensed Noncompliant Notice, 60-Day Not Licensed Noncompliant Notice, 60-Day Not Licensed Compliant Notice or 60-Day Failure to Renew Compliant Notice should be generated and sent certified mail to the junkyard owner and landowner.  If delivery of the certified mail to the junkyard owner or landowner is unsuccessful, the notice should be delivered by hand or personal service.  The date the certified mail was received, along with the certified mail number, or the date of delivery by hand or personal service should be entered under correspondence history.  Certified mail receipts and green cards should be attached in TMS and maintained in the file. 
 +
 
 +
Upon receipt of the letter, the junkyard owner or landowner has 60 days to bring the junkyard into compliance. 
 +
 
 +
When the timeframe has expired, the specialist should perform a site inspection.
 +
:* If the junked items have been removed or cleaned up, the transaction shall be voided (see EPG 236.17.11 Voiding of Junkyard License).
 +
:* If the junkyard has been brought into compliance and an application, information sheet, supporting documentation and $10.00 application fee has been received, a license may be issued (see EPG 236.17.4 Licensing of Junkyard). 
 +
:If the junkyard has been brought into compliance; however, an application has not been received, the specialist should inform the junkyard owner that a license is required. 
 +
:* If the junkyard is still not in compliance and/or the junkyard clean-up is not progressing, the area specialist may request legal action (see EPG 236.17.13 Junkyard Legal Proceedings).
 +
 
 +
==236.17.11 Voiding of Junkyard License==
 +
 
 +
This procedure provides guidance for voiding junkyard permits in accordance with [http://www.moga.mo.gov/mostatutes/stathtml/22600006501.html RSMo Sections 226.650 to 226.720] and [http://www.sos.mo.gov/adrules/csr/current/7csr/7c10-5.pdf CSR 10-5.010].
  
 
When a junkyard has been removed or cleaned-up, the following procedure shall be followed before the license is voided:
 
When a junkyard has been removed or cleaned-up, the following procedure shall be followed before the license is voided:
Line 160: Line 222:
 
:* Additional information regarding the voiding shall be documented in the comment section of TMS.
 
:* Additional information regarding the voiding shall be documented in the comment section of TMS.
  
The area specialist shall change the permit status to “Void”, change the feature list status to “Removal” and retain the file in accordance with [[#236.17.11.3 Retention of Records|EPG 236.17.11.3 Retention of Records]].
+
The junkyard status shall be changed to “REMOVED” with the appropriate reason and permit status shall be changed to “VOID” with the appropriate reason. The file should be maintained in accordance with [[#236.17.18 Retention of Records|EPG 236.17.18 Retention of Records]].  
  
==236.17.7 Junkyards Affected by Highway Projects==
+
==236.17.12 Junkyards Affected by Highway Projects==
  
This procedure provides guidance for the concealment of junkyards affected by highway projects.  MoDOT is encouraged to conceal any junkyards that are open to visibility due to a new highway project under [http://www.moga.mo.gov/STATUTES/C226.HTM RSMo Sections 226.600 to 226.720].  Details concerning this process can be found in [http://epg.modot.org/index.php?title=236.16_Outdoor_Advertising#236.16.9_Sign_Structures.2FJunkyards_Affected_by_Highway_Projects EPG 236.16.9 Sign Structures/Junkyards Affected by Highway Projects].
+
This procedure provides guidance for the concealment of junkyards affected by highway projects.  MoDOT is encouraged to conceal any junkyards that are open to visibility due to a new highway project under [http://www.moga.mo.gov/mostatutes/stathtml/22600006501.html RSMo Sections 226.600 to 226.720].  Details concerning this process can be found in [http://epg.modot.org/index.php?title=236.16_Outdoor_Advertising#236.16.19_Sign_Structures_Affected_by_Highway_Projects EPG 236.16.19 Sign Structures Affected by Highway Projects].
  
==236.17.8 Junkyard Legal Proceedings==
+
==236.17.13 Junkyard Legal Proceedings==
  
Copies of correspondence, photographs, notes, phone conversations, inspections, deed, title commitment and visits to the junkyard [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Junkyard%20Checklist%20to%20Legal%20Department.pdf shall be submitted] to the ODA manager. The ODA manager will [http://epg.modot.org/forms/RW/Chapter%2017_Junkyards/Letter%20to%20ODA%20Manager%20Requesting%20Legal%20Action.pdf notify the area specialist] if a case has been filed through the Chief Counsel’s office (CCO). The area specialist may be required to testify.
+
The area specialist should generate the Letter to ODA Manager Requesting Legal Action and forward the request along with copies of correspondence, photographs, notes, phone conversations, inspections, deed, title commitment and visits to the junkyard to the outdoor advertising manager for review. If approved, the outdoor advertising manager should generate the Junkyard Checklist to Legal Department and forward the checklist along with all supporting documentation to the Chief Counsel’s office. The ODA manager will notify the area specialist if a case has been filed through the Chief Counsel’s office. The area specialist may be required to testify.  
  
==236.17.9 Processing Financial Transactions==
+
==236.17.14 Financial Transactions==
  
Fees may be received within each area office or in the Central Office. Checks received in the Financial Services Office will be attached to a transmittal form and routed to the outdoor advertising office.  The outdoor advertising office will complete the transmittal (date, district, reason for payment, permit number) and return the transmittal to the Financial Services OfficeAll fees shall be deposited the same day as received.   
+
Fees may be received within each area office or in the Central Office. A Transmittal of Money shall be completed and forwarded to Financial Services.  Fees shall be deposited the day as received.  A copy of the transmittal shall be kept in the area office for one year. See [http://epg.modot.org/index.php?title=236.16_Outdoor_Advertising#236.16.24_Financial_Transactions EPG 236.16.24 Financial Transactions].   
  
==236.17.10 Creating a New File==
+
==236.17.15 Creating a New File==
  
 
A file and label shall be made which includes the following information:  
 
A file and label shall be made which includes the following information:  
Line 181: Line 243:
 
:::'''Route:''' MO 25 N &nbsp;&nbsp;'''Log Point:''' 28.919-29.193
 
:::'''Route:''' MO 25 N &nbsp;&nbsp;'''Log Point:''' 28.919-29.193
  
==236.17.11 Sunshine Law and File Retention==
+
==236.17.16 File Storage Process==
 
+
===236.17.11.1 [http://www.modot.mo.gov/about/commission/introsunshinelaw.htm Sunshine Law] (Open Records)===
+
It is MoDOT's policy to comply with the provisions of Chapter 610 of the 2000 Revised Statutes of Missouri (RSMo), as amended, the Missouri Open Records (Sunshine) law. MoDOT recognizes that it is the public policy of the state of Missouri that all meetings, records, etc., of public governmental bodies are open to public inspection except those that the statutes allow to be closed (Section 610.021). MoDOT also recognizes that the law regarding access to such meetings and records is to be liberally construed.
+
  
This policy is adopted by MoDOT pursuant to Section 610.028.2 of the 2000 RSMo, as amended. MoDOT has appointed the Secretary to the Commission as the custodian of such records as required by Section 610.023 of the 2000 RSMo, as amended. MoDOT hereby adopts and implements this Open Records Policy and Procedure to respond to requests for access to such records. The adoption of this policy and procedure repeals and replaces all earlier policies and/or procedures.  Requests for documents must be directed to the Secretary to the Commission at P.O. Box 270, Jefferson City, Missouri 65102, or by fax (573) 522-2698.
+
All junkyard files shall be kept in each area office in numerical order and electronically in TMS as they are created. The following documentation shall be retained in both files:
 +
:* Original application, information sheet and supporting documentation,
 +
:* Original permit
 +
:* Information Sheet for Renewal (electronically only)
 +
:* Correspondence that is not generated in TMS
 +
:* Any other documents crucial to the history of the permit
  
Outdoor Advertising staff may be required to make copies or research data to satisfy a request. After the information has been compiled, the documents shall be forwarded, along with amount of time spent, to the appropriate Chief Counsel’s office. The Chief Counsel’s office will review the information and the costs calculated are billed to the requestor. The information will be forwarded to the requestor after payment is received. Chief Counsel’s office shall maintain copies of all requests indefinitely.  
+
==236.17.17 Photographs==
  
===236.17.11.2 File Storage Process===
+
Digital photos should be taken and attached in TMS using the naming convention below. Photos can be uploaded individually in TMS under “Media”, “Add Document” or through the mass media upload process using the naming convention below. 
All junkyard files shall be kept in numerical order and the following documentation shall be retained in the file:
+
  
:Original application and supporting documentation,
+
Data for each media file includes
:Original permits,  
+
:* Name: the following naming convention should be used for all images
:Any correspondence that is not generated in TMS.
+
::Permit #-Date Taken-Sequence
 +
::Example: 12345-01012015-1
 +
:* View: Frontage 1, Frontage 2, Side 1, Side 2, Violation, N/A
 +
:* Media Type: Image
 +
:* Media Date: Date photo was taken
 +
:* Permit Number
  
TMS will keep a history of correspondence generated. Photographs may be viewed in TMS.  
+
==236.17.18 Retention of Records==
  
===236.17.11.3 Retention of Records===
+
All files, correspondence and photographs shall be retained for 5 years following voiding of the license or transaction. Copies of transmittal of money should be retained for one year.  
All files, correspondence and photographs shall be retained for 5 years following the release of the license or transaction. Transmittals shall be retained for one year.  
+
  
:::'''Photographs '''
+
==236.17.19 Sunshine Law (Open Records Request)==
:::Digital photos shall be taken and attached in TMS.  
+
  
:::'''Scanning Documents '''
+
It is the policy of MoDOT to comply with the provisions of Chapter 610 of the 2000 Revised Statutes of Missouri (RSMo), as amended, the Missouri Open Records (Sunshine) law. Outdoor Advertising, a section of MoDOT, implements this Open Records Policy and Procedure to respond to requests for access to junkyard records. Requests for information other than the document list, brochures and rules or regulations must be submitted on the [http://www.modot.org/about/PublicRecords.htm Records Request Questionnaire]. MoDOT has appointed the Secretary to the Commission as the custodian of such records as required by Section 610.023, RSMo, as amended. Requests should be forwarded to the Secretary of the Commission, PO Box 270, Jefferson City, Missouri 65102, or by fax (573) 526-5419.
:::All active permit files shall be scanned. New files shall be scanned as they are created.  
+
:::Documents in each file that shall be scanned are:
+
  
:Original application and any supporting documentation
+
Outdoor advertising personnel may be required to make copies or research data to satisfy the request. After the information has been compiled, the documents should be forwarded, including amount of time spent, to the Chief Counsel’s Office. The Chief Counsel’s Office will review the information and the costs calculated will be billed to the requestor. The information will be forwarded to the requestor after payment is received. The Chief Counsel’s Office maintains copies of all requests indefinitely.
:Original license
+
:Any other documents crucial to the history of the permit
+
  
:::Documents shall be scanned according to current [http://epg.modot.mo.gov/forms/RW/Chapter%2016_Outdoor%20Advertising/scanning%20procedure.doc scanning procedures].
 
  
  

Latest revision as of 07:52, 31 May 2019

646.5 Junkyard Control.jpg

MoDOT is responsible for regulating the establishment, operation and maintenance of junkyards along the interstate and primary highway system. The Federal Highway Beautification Act of 1965 requires MoDOT to regulate junkyards under 23 CFR Section 751. Additionally, Missouri’s rules and regulations regarding junkyards are located in RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.

In order to maintain effective control of junkyards, an inventory system is maintained in MoDOT’s Transportation Management System (TMS). This allows staff to directly link to relevant MoDOT applications, easily update and manage junkyard traits; attach and view photos and correspondence; and generate template correspondence and reports. Failure to provide effective control of junkyards could cause the State of Missouri to lose up to 7 percent of its annual share of Federal Highway construction money as provided in 23 USC 136 (b).

Additional information concerning the junkyard program can be found in EPG 236.3.8 Junkyard Control and Acquisition.

Additional Information
Application for License to Maintain a Junkyard Missouri Control of Junkyards
New Junkyard Information Sheet Outdoor Advertising Area Map
Outdoor Advertising Internet Site Right of Way's Brochure, Missouri Control of Junkyards
Controlled Routes
Junkyard Controlled Travelway Map Junkyard Controlled Travelway Map by County
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236.17.1 General Information

236.17.1.1 Reason

Procedures have been established to enable Outdoor Advertising staff to be completely informed and able to perform their duties in a skillful manner. Each employee is a professional and must accomplish assigned duties in a professional manner.

236.17.1.2 Scope

This procedure guide contains the regulations, requirements and procedural directives governing junkyard control and will be updated and amended as needed.

236.17.1.3 Purpose

This article is used as the policy and procedure guide for MoDOT. The contents establish a uniform method for completing each phase of the junkyard process. Written authority to deviate from the prescribed policy must be obtained from the outdoor advertising manager.

236.17.1.4 One Standard of Operation

MoDOT has only one standard of operation, which is applicable for all junkyard processes.

236.17.1.5 Federal Regulations

Federal regulations governing junkyard control are found in 23 CFR Section 751. The Federal Highway Administration and MoDOT work cooperatively to ensure federal requirements are met to avoid loss of construction money.

236.17.2 Organization & Personnel

The role of MoDOT's outdoor advertising staff is to promote consistent business practices for the control of junkyards. This effort is achieved through cooperation with the public and other federal, state and city organizations, as well as MoDOT partnering divisions.

Contact Info for MoDOT Area Specialists

The Outdoor Advertising Central Office is located in Jefferson City, Missouri with six area specialists located throughout the state to best serve our customers. Activities outlined in the following portions of this article and in EPG 236.16 Outdoor Advertising shall be undertaken by each outdoor advertising employee.

236.17.3 Controlled Routes

MoDOT is responsible for regulating junkyards adjacent to the interstate and primary highway system. (Refer to the map, county map or description).

236.17.4 Licensing of Junkyard

This procedure provides guidance for the licensing process of junkyards in accordance with RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.

236.17.4.1 Application Process

Upon receipt of an Application for License to Maintain a Junkyard and Junkyard Information Sheet, the following procedures apply:

  • The application shall be time and date stamped.
  • The information provided on the application, including involved party information, should be entered and assigned a transaction number with status “RECORDED” and reason “PENDING”; and application type “JUNKYARD” with permit status “RECORDED” and reason “RESEARCH”.
  • The application fee shall be forwarded to the Financial Services Office for deposit (see EPG 236.17.14 Financial Transactions).
  • Junkyard applications will be reviewed within 10 working days.
  • If clarification of an item is necessary, a phone call may be placed to obtain clarification. The conversation may be documented in the comments section. If written clarification is necessary, the applicant may be given an appropriate deadline of not more than 10 working days to respond.
  • If the application is incomplete, it may be rejected (see EPG 237.17.4.3 Denying a New License).
  • The area specialist should perform a site inspection and enter this information in TMS.

Original applications that have been resubmitted should be entered under the original transaction number with permit status “RESUBMITTED” and reason “RESEARCH”.

236.17.4.2 Issuing a New License

If the application and site inspection meet the requirements, a license shall be issued. The status shall be changed to “CONFORMING” with reason “COMPLIANCE” and the permit status shall be changed to “ACCEPTED” with reason “COMPLIANT”. TMS will automatically generate the Junkyard License Cover Letter and Junkyard License. The area specialist shall change the expiration date to January 1 with the exception of new licenses issued during the months of October, November or December, which shall expire January 1 of the following year. The license, application and information sheet, along with the supporting documentation should be attached in TMS and filed (see EPG 236.17.15 Creating a New File). The cover letter and license shall be sent to the applicant.

236.17.4.3 Denying a New License

If the application and/or site inspection does not meet the requirements, the application should be rejected. The permit status shall be changed to “REJECTED” with the appropriate reason and the Junkyard License Denial Letter generated explaining the reason(s) for the rejection. Additional information regarding the denial may be documented in the comments section. The denial letter, application, and information sheet, along with the supporting documentation should be attached in TMS. The original application, information sheet, and supporting documentation should be returned to the applicant with the denial letter. A refund of the application fee shall be requested through the Financial Services Office (see EPG 237.17.14 Financial Transactions).

236.17.5 Junkyard Renewal

This procedure provides guidance for the annual junkyard inspection process and license renewal pursuant to RSMo Section 226.670 and 7 CSR 10-5.010.

Junkyard licenses expire on January 1 with the exception of new licenses issued during the months of October, November or December, which shall expire January 1 of the following year. Junkyards are inspected October 1 through November 30 each year to ensure compliance.

Beginning October 1, the area specialist shall change the status of all licensed junkyards from “ACCEPTED” to “PENDING INSPECTION” in the Junkyard Year End application in TMS. Between October 1 and November 30, the area specialist should travel the controlled routes and perform an annual inspection for all junkyards. The annual inspection, including comments, changes and photos, should also be entered between October 1 and November 30.

236.17.5.1 Compliant

If the junkyard is in compliance, the permit status shall be changed from “PENDING INSPECTION” to “PENDING RENEWAL” with the Junkyard License Renewal and Junkyard Information Sheet for Renewal generated and sent to the junkyard owner.

Upon receipt of the Junkyard Information Sheet for Renewal and $10.00 fee (see EPG 236.17.14 Financial Transactions), the permit status shall be changed from “PENDING RENEWAL” to “ACCEPTED” with the Junkyard License Cover Letter and Junkyard License with an expiration date of January 1 generated and sent to the junkyard owner. The information sheet should be attached in TMS.

236.17.5.2 Expired

If the Junkyard Information Sheet for Renewal and $10.00 fee are not received by February 1 for a compliant junkyard, the permit status shall be changed from “PENDING RENEWAL” to “EXPIRED-PENDING RENEWAL” and the junkyard status shall be changed from “CONFORMING” to “ILLEGAL-PERMIT EXPIRED”. Upon verification of the junkyard owner and address, the Junkyard License Expired and Junkyard Information Sheet for Renewal shall be generated and sent to the junkyard owner.

Upon receipt of the Junkyard Information Sheet for Renewal and $10.00 fee (see EPG 236.17.14 Financial Transactions), the permit status shall be changed from “EXPIRED-PENDING RENEWAL” to “EXPIRED-PENDING INSPECTION” and the area specialist shall perform an annual inspection.

If the junkyard is still in compliance, the permit status shall be changed from “EXPIRED-PENDING INSPECTION” to “ACCEPTED” with the Junkyard License Cover Letter and Junkyard License with an expiration date of January 1 generated and sent to the junkyard owner. The information sheet should be attached in TMS.

If the junkyard owner fails to submit the information sheet and $10.00 fee, the 60-Day Failure to Renew Compliant Notice may be requested (see EPG 236.17.10 60-Day Notice).

If the junkyard is not in compliance, see EPG 236.17.5.3 Noncompliant.

236.17.5.3 Noncompliant

If the junkyard is in noncompliance, the junkyard status shall be changed from “CONFORMING” to “ILLEGAL” with the appropriate reason and the Junkyard Violation 1st generated and sent to the junkyard owner. Any conversations concerning the junkyard may be noted in the comments section.

If the junkyard owner requests additional time after receiving the Junkyard Violation 1st, a reasonable timeframe may be set. The conversation may be noted in the comments section. The area specialist may generate the Timeframe Follow-up with the agreed upon information. The area specialist should regularly inspect the junkyard and contact the owner regarding progress.

When the timeframe has expired, the specialist should perform an annual inspection.

  • If the junked items have been removed or cleaned up, the transaction shall be voided (see EPG 236.17.11 Voiding of Junkyard License).
  • If the junkyard has been brought into compliance and the information sheet and $10.00 fee has been received, a license may be issued (see EPG 236.17.5.1 Compliant).
  • If the junkyard has been brought into compliance; however, the information sheet and $10.00 fee has not been received, the specialist should contact the junkyard owner that a license is required.
If the junkyard owner fails to submit the information sheet and $10.00 fee, the 60-Day Failure to Renew Compliant Notice may be requested (see EPG 236.17.10 60-Day Notice).
  • If the junkyard is still not in compliance and/or the junkyard clean-up is not progressing, the Junkyard Violation 2nd should be generated and sent to the junkyard owner.
If the junkyard remains noncompliant and/or the junkyard clean-up is not progressing, the 60-Day Licensed Noncompliant Notice may be requested (see EPG 236.17.10 60-Day Notice).

236.17.6 Status of Licensed Junkyard

Junkyards are classified as recorded, conforming, nonconforming or illegal based on current statutory and administrative rule requirements for junkyards.

236.17.6.1 Recorded

Upon receiving an Application for License to Maintain a Junkyard and Junkyard Information Sheet, the status is classified as recorded.

236.17.6.2 Conforming

A licensed junkyard is classified as conforming when it meets the current requirements for junkyards pursuant to RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.

236.17.6.3 Nonconforming (Grandfathered)

A licensed junkyard is classified as nonconforming (grandfathered) when a new route is controlled and the junkyard is licensed in its current condition, which fails to meet the current requirements for junkyards pursuant to RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.

236.17.6.4 Illegal

A licensed junkyard is classified as illegal when it has violated the requirements for junkyards pursuant to RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.

236.17.7 Inspection Process

This procedure provides guidance for the various inspection processes for junkyards.

236.17.7.1 Site Inspection

A site inspection must be completed for each new junkyard. The area specialist should take a photo(s) of the junkyard and upload in TMS; obtain the begin log and end log; and verify the following information:

  • Location: junkyard location requirements were met
  • Zoning: junkyard zoning requirements were met
  • Screening: junkyard screening requirements were met
  • Screen Condition: junkyard screen condition requirements were met

236.17.7.2 Annual Inspection

An annual inspection should be completed each year for all junkyards between October 1 and November 30. During the inspection, any changes to the junkyard should be noted. The junkyard status and all junkyard traits should be verified. The area specialist should take a photo(s) of the junkyard and upload in TMS and verify the following information:

  • Location: junkyard location requirements were met
  • Zoning: junkyard zoning requirements were met
  • Screening: junkyard screening requirements were met
  • Screen Condition: junkyard screen condition requirements were met

236.17.7.3 Surprise Inspection

A surprise inspection may be conducted and entered in TMS when changes have been noted. Any changes to the junkyard may be noted in the comments section and include compliance information. The area specialist should take a photo(s) of the changes and upload in TMS and verify the following information:

  • Location: junkyard location requirements were met
  • Zoning: junkyard zoning requirements were met
  • Screening: junkyard screening requirements were met
  • Screen Condition: junkyard screen condition requirements were met

236.17.8 Adding or Removing Controlled Routes

Based on changes made to functional classifications, routes classified as the National Highway System (NHS) or primary system may be added and removed for the control of junkyards.

236.17.8.1 Adding Controlled Routes

Routes reclassified and designated as part of the NHS or primary system shall be regulated for the control of junkyards. Existing junkyards located along the route prior to the designation shall be grandfathered in their current condition and required to either obtain a license or clean-up the junkyard. The route should be inventoried within ninety (90) days of notification to document junkyards with a site inspection to determine junkyard status.

Junkyards that have been approved as grandfathered should be assigned a transaction number with the appropriate junkyard status and reason. If the junkyard status is “NONCONFORMING”, the reason should be “GRANDFATHER”. The permit type should remain as “PSEUDO” with status of “TEMPORARY” reason “AUTO SETUP” and the Grandfathered Junkyard generated and sent to the junkyard owner, along with an Application for License to Maintain a Junkyard, Junkyard Information Sheet, and Missouri Control of Junkyards brochure. Any conversations concerning the junkyard may be noted in the comments section.

  • If the completed application, information sheet, supporting documentation, and $10.00 application fee is received within the 30-day inspection window, the area specialist shall issue a junkyard license (see EPG 236.17.4 Licensing of Junkyard).
  • If the completed application, information sheet, supporting documentation and $10.00 application fee is received outside the thirty (30) day inspection window, the area specialist shall perform another site inspection. If the location still meets the definition of a junkyard, the area specialist shall issue a junkyard license (see EPG 236.17.4 Licensing of Junkyard).
  • If a response is not received after 30 days, a site inspection should be completed to confirm the junkyard status. Further research may be necessary to confirm ownership. If the junkyard has not been cleaned-up, the area specialist should contact the junkyard owner to discuss licensing with the Grandfathered Junkyard generated and sent to the junkyard owner.
  • If the junkyard owner fails to submit the application, information sheet, supporting documentation and $10.00 fee, the 60-Day Not Licensed Compliant Notice may be requested (see EPG 236.17.10 60-Day Notice).

236.17.8.2 Removing Controlled Routes

Routes that are reclassified and removed from the NHS or primary system shall no longer be regulated for the control of junkyards. For NHS routes, upon approval by the Federal Highway Administration and outdoor advertising manager, licensed junkyards along these routes shall be voided (see EPG 236.17.11 Voiding of Junkyard License). For primary routes, upon approval by the Missouri Highways and Transportation Commission and the outdoor advertising manager, licensed junkyards along these routes shall be voided (see EPG 236.17.11 Voiding of Junkyard License). Information regarding approval for removal of the controlled route shall be attached in TMS.

236.17.9 Unauthorized Illegal Junkyards

Possible junkyard locations are identified through observation, complaints, or the Department of Revenue’s Dealer Salvage Report. Upon the identification of a possible junkyard, the area specialist shall perform a site inspection to determine if the location meets the description of a junkyard in accordance with RSMo Sections 226.650 to 226.720 and 7 CSR 10-5.

236.17.9.1 Non-Junkyard

If the location is close to meeting the definition of a junkyard, the area specialist shall create a new transaction in TMS with a junkyard status of “NON-JY” and the appropriate reason. The permit type should remain as “PSEUDO” with status “TEMPORARY” and reason “AUTO SETUP”. The area specialist should continue to monitor the site for compliance.

236.17.9.2 Junkyard That Requires a License

If the location meets the definition of a junkyard and screening requirements are met, the area specialist shall create a new transaction in TMS with a junkyard status of “ILLEGAL” and the appropriate reason. The permit type should remain as “PSEUDO” and permit status “TEMPORARY” with reason “AUTO SETUP”. A site inspection should be performed with the Junkyard Violation 1st generated and sent to the junkyard owner, along with an Application for License to Maintain a Junkyard, Junkyard Information Sheet, and Missouri Control of Junkyards brochure. Any conversations concerning the junkyard may be noted in the comments section.

  • If the completed application, information sheet, supporting documentation, and $10.00 application fee is received within the 30-day inspection window, the area specialist shall issue a junkyard license (see EPG 236.17.4 Licensing of Junkyard).
  • If the completed application, information sheet, supporting documentation and $10.00 application fee is received outside the 30-day inspection window, the area specialist shall perform another site inspection. If the location still meets the definition of a junkyard and screening requirements are met, the area specialist shall issue a junkyard license (see EPG 236.17.4 Licensing of Junkyard).
  • If a response is not received after 30 days, a site inspection should be completed to confirm the junkyard status. Further research may be necessary to confirm ownership. If the junkyard has not been cleaned-up, the area specialist should contact the junkyard owner or landowner to discuss licensing with the Junkyard Violation 2nd generated and sent to the junkyard owner.
  • If the junkyard owner fails to submit the application, information sheet, supporting documentation and $10.00 fee, the 60-Day Not Licensed Compliant Notice may be requested (see EPG 236.17.10 60-Day Notice).

236.17.9.3 Junkyard That Requires Corrective Action and License

If the location meets the definition of a junkyard; however, screening requirements are not met, the area specialist shall create a new transaction in TMS with a junkyard status of “ILLEGAL” and the appropriate reason. The permit type should remain as “PSEUDO” with permit status “TEMPORARY” and reason “AUTO SETUP”. A site inspection should be performed with the Junkyard Violation 1st generated and sent to the junkyard owner, along with an Application for License to Maintain a Junkyard, Junkyard Information Sheet, and Missouri Control of Junkyards brochure. Any conversations concerning the junkyard may be noted in the comments section.

If the junkyard owner requests additional time after receiving the Junkyard Violation 1st , a reasonable timeframe may be set. The conversation may be noted in the comments section. The area specialist may generate the Timeframe Follow-up with the agreed upon information.

The area specialist should regularly inspect the junkyard and contact the owner regarding progress.

When the timeframe has expired, the specialist should perform a site inspection.

  • If the junked items have been removed or cleaned up, the transaction shall be voided (see EPG 236.17.11 Voiding of Junkyard License).
  • If the junkyard has been brought into compliance and an application, information sheet, supporting documentation and $10.00 application fee has been received, a license may be issued (see EPG 236.17.4 Licensing of Junkyard).
  • If the junkyard has been brought into compliance; however, an application has not been received, the specialist should inform the junkyard owner that a license is required.
  • If the junkyard is still not in compliance and/or the junkyard clean-up is not progressing, the Junkyard Violation 2nd should be generated and sent to the junkyard owner.
If the junkyard remains noncompliant and/or the junkyard clean-up is not progressing, the 60-Day Not Licensed Noncompliant Notice may be requested (see EPG 236.17.10 60-Day Notice).

236.17.10 60-Day Notice

Junkyard owner and landowner information should be verified prior to submitting a request to issue notice and may be determined by researching county records in the assessor’s office. A Request to Issue Notice should be generated and sent to the outdoor advertising manager for review. Upon approval, either the 60-Day Licensed Noncompliant Notice, 60-Day Not Licensed Noncompliant Notice, 60-Day Not Licensed Compliant Notice or 60-Day Failure to Renew Compliant Notice should be generated and sent certified mail to the junkyard owner and landowner. If delivery of the certified mail to the junkyard owner or landowner is unsuccessful, the notice should be delivered by hand or personal service. The date the certified mail was received, along with the certified mail number, or the date of delivery by hand or personal service should be entered under correspondence history. Certified mail receipts and green cards should be attached in TMS and maintained in the file.

Upon receipt of the letter, the junkyard owner or landowner has 60 days to bring the junkyard into compliance.

When the timeframe has expired, the specialist should perform a site inspection.

  • If the junked items have been removed or cleaned up, the transaction shall be voided (see EPG 236.17.11 Voiding of Junkyard License).
  • If the junkyard has been brought into compliance and an application, information sheet, supporting documentation and $10.00 application fee has been received, a license may be issued (see EPG 236.17.4 Licensing of Junkyard).
If the junkyard has been brought into compliance; however, an application has not been received, the specialist should inform the junkyard owner that a license is required.
  • If the junkyard is still not in compliance and/or the junkyard clean-up is not progressing, the area specialist may request legal action (see EPG 236.17.13 Junkyard Legal Proceedings).

236.17.11 Voiding of Junkyard License

This procedure provides guidance for voiding junkyard permits in accordance with RSMo Sections 226.650 to 226.720 and CSR 10-5.010.

When a junkyard has been removed or cleaned-up, the following procedure shall be followed before the license is voided:

  • Photos of the location where the junkyard existed shall be taken and attached TMS.
  • Additional information regarding the voiding shall be documented in the comment section of TMS.

The junkyard status shall be changed to “REMOVED” with the appropriate reason and permit status shall be changed to “VOID” with the appropriate reason. The file should be maintained in accordance with EPG 236.17.18 Retention of Records.

236.17.12 Junkyards Affected by Highway Projects

This procedure provides guidance for the concealment of junkyards affected by highway projects. MoDOT is encouraged to conceal any junkyards that are open to visibility due to a new highway project under RSMo Sections 226.600 to 226.720. Details concerning this process can be found in EPG 236.16.19 Sign Structures Affected by Highway Projects.

236.17.13 Junkyard Legal Proceedings

The area specialist should generate the Letter to ODA Manager Requesting Legal Action and forward the request along with copies of correspondence, photographs, notes, phone conversations, inspections, deed, title commitment and visits to the junkyard to the outdoor advertising manager for review. If approved, the outdoor advertising manager should generate the Junkyard Checklist to Legal Department and forward the checklist along with all supporting documentation to the Chief Counsel’s office. The ODA manager will notify the area specialist if a case has been filed through the Chief Counsel’s office. The area specialist may be required to testify.

236.17.14 Financial Transactions

Fees may be received within each area office or in the Central Office. A Transmittal of Money shall be completed and forwarded to Financial Services. Fees shall be deposited the day as received. A copy of the transmittal shall be kept in the area office for one year. See EPG 236.16.24 Financial Transactions.

236.17.15 Creating a New File

A file and label shall be made which includes the following information:

Example:
Transaction No.: 84461   County: Stoddard
Route: MO 25 N   Log Point: 28.919-29.193

236.17.16 File Storage Process

All junkyard files shall be kept in each area office in numerical order and electronically in TMS as they are created. The following documentation shall be retained in both files:

  • Original application, information sheet and supporting documentation,
  • Original permit
  • Information Sheet for Renewal (electronically only)
  • Correspondence that is not generated in TMS
  • Any other documents crucial to the history of the permit

236.17.17 Photographs

Digital photos should be taken and attached in TMS using the naming convention below. Photos can be uploaded individually in TMS under “Media”, “Add Document” or through the mass media upload process using the naming convention below.

Data for each media file includes

  • Name: the following naming convention should be used for all images
Permit #-Date Taken-Sequence
Example: 12345-01012015-1
  • View: Frontage 1, Frontage 2, Side 1, Side 2, Violation, N/A
  • Media Type: Image
  • Media Date: Date photo was taken
  • Permit Number

236.17.18 Retention of Records

All files, correspondence and photographs shall be retained for 5 years following voiding of the license or transaction. Copies of transmittal of money should be retained for one year.

236.17.19 Sunshine Law (Open Records Request)

It is the policy of MoDOT to comply with the provisions of Chapter 610 of the 2000 Revised Statutes of Missouri (RSMo), as amended, the Missouri Open Records (Sunshine) law. Outdoor Advertising, a section of MoDOT, implements this Open Records Policy and Procedure to respond to requests for access to junkyard records. Requests for information other than the document list, brochures and rules or regulations must be submitted on the Records Request Questionnaire. MoDOT has appointed the Secretary to the Commission as the custodian of such records as required by Section 610.023, RSMo, as amended. Requests should be forwarded to the Secretary of the Commission, PO Box 270, Jefferson City, Missouri 65102, or by fax (573) 526-5419.

Outdoor advertising personnel may be required to make copies or research data to satisfy the request. After the information has been compiled, the documents should be forwarded, including amount of time spent, to the Chief Counsel’s Office. The Chief Counsel’s Office will review the information and the costs calculated will be billed to the requestor. The information will be forwarded to the requestor after payment is received. The Chief Counsel’s Office maintains copies of all requests indefinitely.