236.17 Junkyards

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 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 effectively maintain junkyards, an inventory system is maintained in MoDOT’s 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 23 USC 121 (b) and Missouri’s federal-state agreement between MoDOT and the Federal Highway Administration dated February 22, 1972.

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

Forms
60-Day Non-Licensed Compliant Letter	60-Day Not Licensed Noncompliant Letter
60-Day Notice Noncompliant License Junkyard	Application for License to Maintain a Junkyard
Junkyard Checklist to Legal Department	Junkyard Information Sheet for Renewal
Junkyard License Cover Letter	Junkyard License Delinquent
Junkyard License Denial Letter	Junkyard License Expiration Cover Letter
Junkyard License Expired	Junkyard License
Junkyard License Noncompliant	Junkyard Request for Survey
Letter to ODA Manager Requesting Legal Action	New Junkyard Information Sheet
Other Information
Controlled Travelways Map	Controlled Travelways Description
"Missouri Control of Junkyards" Booklet	"Missouri Control of Junkyards" Brochure
Outdoor Advertising Area Map	Outdoor Advertising's internet site

236.17.1 General Information

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.

Scope. 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.

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

Federal Regulations. Federal regulations governing junkyard control are found in 23 CFR Section 751.

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.

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 RSMo Sections 226.650 to 226.720. An inventory system for junkyards is maintained in TMS.

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 Licensing of Junkyard

Customer’s interested in establishing, operating or maintaining a new junkyard along the interstate and primary highway system should submit an Application for License to Maintain a Junkyard and a Junkyard Information Sheet for approval prior to operating the junkyard.

236.17.3.1 Processing of Application

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

• The application shall be time and date stamped.
• The application information, including involved party information, shall be entered in TMS with a permit status of “Recorded”.
• Application fees shall be sent to the Financial Services Office for deposit (see Processing Financial Transactions).
• 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.

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.

If the application and information sheet are incomplete, the application shall be rejected and the Junkyard License Denial Letter shall be generated in TMS explaining the reason(s) for rejection (see Denial of Junkyard Application).

236.17.3.2 Inspecting a Location

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 Section 226.650 to 226.720 RMSo and 7 CSR 10-5.010. Inspections shall be entered under the “Action / Insp List” in TMS.

The area specialist shall:

• 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.
• Photograph the location including the surrounding area and screening and attach the photographs in TMS.
• Verify the following traits:

o Junkyard name

o City and zoning information

o Approximate distance from the right of way

o Approximate width and depth

o Screen type, condition and quality

o Type of junk

o Approximate vehicles and running vehicles

236.17.3.3 Issuing a New License

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 Junkyard License Cover Letter and 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 EPG 236.17.10 Creating a New File). The cover letter and license shall be sent to the applicant.

236.17.3.4 Denial of Junkyard Application

If the application does not meet screening requirements, the application will be rejected. The permit status shall be changed from “Recorded” to “Rejected”.

The area specialist shall generate the Junkyard License Denial Letter in TMS selecting the reason(s) for rejection and auto save the denial letter to TMS.

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.

A copy of the application and the denial letter, along with all attachments, shall be kept on file (see File Storage Process and Retention of Records).

The original denial letter, original application, and all other attachments shall be returned to the applicant.

A refund for the $10.00 application fee shall be requested through the Financial Services Office. The following information must be provided:

Name and address on the check,

Amount,

Transmittal number,

Check number,

and reason the money is being refunded.

236.17.4 Illegal Junkyard Process

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 an inspection (see Inspecting a Location) to determine if the location meets the description of a junkyard as defined in Section 226.650 to 226.720 RSMo and 7 CSR 10-5.010.

236.17.4.1 Non-Junkyard

If the site is close to meeting the definition of a junkyard, the area specialist shall create a new transaction in TMS with a permit status of “Temporary” and feature list status as “Non-junkyard” and monitor the site.

236.17.4.2 Legal 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 permit status of “Temporary” and feature list status of “Illegal”, enter a passed annual inspection, and generate the 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.

If the completed application, information sheet, supporting documentation, and $10.00 application fee (see Licensing of Junkyard) is received within the 30-day inspection window, the area specialist shall issue a junkyard license.

If the completed application, information sheet, supporting documentation and $10.00 application fee (see 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.

236.17.4.3 Illegal Junkyard That Requires Corrective Action and License

350px

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 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).

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 Junkyard Legal Proceedings). Legal action may be pursued through the Chief Counsel’s office (CCO).

236.17.5 Renewal of Junkyard License

Junkyard licenses expire on December 31st of each year. Area specialists are to complete inspections (see 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 TMS.

236.17.5.1 Compliant

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 Junkyard License Expired Cover Letter. The area specialist shall mail this letter along with the 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 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 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.

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 Junkyard License Expired letter shall be generated in TMS.

236.17.5.2 Noncompliant

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 Junkyard Licensed Noncompliant letter in TMS. The owner shall have sixty (60) days to bring the junkyard into compliance.

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.

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 Chief Counsel’s office (CCO).

236.17.6 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 area specialist shall change the permit status to “Void”, change the feature list status to “Removal” and retain the file in accordance with EPG 236.17.11.3 Retention of Records.

236.17.7 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 236.16.9 Sign Structures/Junkyards Affected by Highway Projects.

236.17.8 Junkyard Legal Proceedings

Copies of correspondence, photographs, notes, phone conversations, inspections, deed, title commitment and visits to the junkyard shall be submitted to the ODA manager. The ODA manager will 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.

236.17.9 Processing 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 Office. All fees shall be deposited the same day as received.

236.17.10 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

236.17.11 Sunshine Law and File Retention

236.17.11.1 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.

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.

236.17.11.2 File Storage Process

All junkyard files shall be kept in numerical order and the following documentation shall be retained in the file:

Original application and supporting documentation,

Original permits,

Any correspondence that is not generated in TMS.

TMS will keep a history of correspondence generated. Photographs may be viewed in TMS.

236.17.11.3 Retention of Records

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

Digital photos shall be taken and attached in TMS.

Scanning Documents

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

Original license

Any other documents crucial to the history of the permit

Documents shall be scanned according to current scanning procedures.