Section 260.910

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

Effective - 28 Aug 2000   

  260.910.  Violations of dry-cleaning remediation laws — civil damages. — 1.  No person shall:

  (1)  Operate an active dry-cleaning facility in violation of sections 260.900 to 260.960, rules and regulations adopted pursuant to sections 260.900 to 260.960 or orders of the director pursuant to sections 260.900 to 260.960, or operate an active dry-cleaning facility in violation of any other applicable federal or state environmental statutes, rules or regulations;

  (2)  Prevent or hinder a properly identified officer or employee of the department or other authorized agent of the director from entering, inspecting, sampling or responding to a release at reasonable times and with reasonable advance notice to the operator as authorized by sections 260.900 to 260.960;

  (3)  Knowingly make any false material statement or representation in any record, report or other document filed, maintained or used for the purpose of compliance with sections 260.900 to 260.960;

  (4)  Knowingly destroy, alter or conceal any record required to be maintained by sections 260.900 to 260.960 or rules and regulations adopted pursuant to sections 260.900 to 260.960;

  (5)  Willfully allow a release in excess of a reportable quantity or knowingly fail to make an immediate response to a release in accordance with sections 260.900 to 260.960 and rules and regulations pursuant to sections 260.900 to 260.960.

  2.  The director may bring a civil damages action against any person who violates any provisions of subsection 1 of this section.  Such civil damages may be assessed in an amount not to exceed five hundred dollars for each violation and are in addition to any other penalty assessed by law.

  3.  In assessing any civil damages pursuant to this section, a court of competent jurisdiction shall consider, when applicable, the following factors:

  (1)  The extent to which the violation presents a hazard to human health;

  (2)  The extent to which the violation has or may have an adverse effect on the environment;

  (3)  The amount of the reasonable costs incurred by the state in detection and investigation of the violation; and

  (4)  The economic savings realized by the person in not complying with the provision for which a violation is charged.

­­--------

(L. 2000 S.B. 577)

Expires 8-28-17