Section 640.130

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 640

Effective - 09 Jun 1998, see footnote   

  640.130.  Emergencies — actions to be taken — water systems in violation, penalties. — 1.  Whenever the department of natural resources determines that an emergency exists which endangers or could be expected to endanger the public health and safety with regard to drinking water supplies, the department of natural resources may, without notice or hearing, issue an order reciting the existence of such a condition and requiring the person to take such action as will lessen or abate the danger.  Notwithstanding any provisions of section 192.320 and sections 640.100 to 640.140, such order shall be effective immediately.

  2.  At the request of the department, the attorney general may bring an injunctive action or other appropriate action in the name of the people of the state to enforce provisions of section 192.320 and sections 640.100 to 640.140, the rules promulgated pursuant to section 192.320 and sections 640.100 to 640.140 and the orders of the department of natural resources issued pursuant to section 192.320 and sections 640.100 to 640.140.

  3.  Whenever the department of natural resources determines that a public water system is in violation of sections 640.100 to 640.140, or any rules promulgated pursuant thereunder, the department of natural resources may issue an administrative order requiring the public water system to comply with such rule or statute.

  4.  The court may impose a civil penalty of not more than fifty dollars per day or part thereof for the first violation of section 192.320 and sections 640.100 to 640.140; one hundred dollars per day or part thereof for the second violation and for each violation thereafter, including any order issued pursuant to this section, or any rules or regulations promulgated pursuant to sections 640.100 to 640.140.  The department shall not seek a civil monetary penalty under this section for a violation where an administrative penalty was assessed and collected.  Any offer of settlement to resolve a civil penalty under this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general under authority of this section and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.

  5.  Any person aggrieved by an emergency order may appeal within thirty days after the issuance of the order to the circuit court of the county in which the public water system is located or if the public water system is located in more than one county, to the circuit court of any such county.  The circuit court shall within ten days after the filing of the appeal hear the cause and determine the same.

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(L. 1978 S.B. 509 § 192.210, A.L. 1981 S.B. 204, A.L. 1998 H.B. 1161)

Effective 6-09-98