Section 643.151

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 643

Effective - 28 Aug 1993   

  643.151.  Violations, penalties, notice — civil action — offer of settlement, method — disclosure of confidential information, penalty. — 1.  It is unlawful for any person to cause or permit any air pollution by emission of any air contaminant from any air contaminant source located in Missouri, in violation of sections 643.010 to 643.190, or any rule promulgated by the commission.

  2.  No person who knows or should know of the existence of such rules may cause or permit any air pollution by emission of any air contaminant source located outside Missouri, and which emissions enter Missouri in excess of the emission control regulations applicable to the portion of Missouri where the air contaminant enters the state.

  3.  In the event the commission determines that any provision of sections 643.010 to 643.190, or the rules promulgated hereunder, permits issued, or any final order or determination made by the commission or the director is being violated, the commission may cause to have instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent any further violation or for the assessment of a penalty not to exceed ten thousand dollars for each violation per day for each day, or part thereof, the violation continues to occur, or both, as the court may deem proper.  A civil monetary penalty under this section shall not be assessed for a violation where an administrative penalty was assessed under section 643.085.  The commission may request the attorney general or other counsel to bring such action in the name of the people of the state of Missouri.  Process may be served in any manner provided by chapter 506 including but not limited to sections 506.510 and 506.520.  Suit may be brought in any county where the defendant's principal place of business is located or where the air contaminant source is located or where the air contaminants enter the state of Missouri.  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 or a prosecuting attorney representing the department 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.

  4.  Any member of the commission or employee thereof who is convicted of willful disclosure or conspiracy to disclose confidential information to any person other than one entitled to the information under sections 643.010 to 643.190 is guilty of a class A misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars.

  5.  No liability shall be imposed upon persons violating the provisions of sections 643.010 to 643.190 or any rule hereunder due to any violation caused by an act of God, war, strike, riot or other catastrophe.

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(L. 1972 H.B. 1184 § 203.150, A.L. 1992 S.B. 544, A.L. 1993 S.B. 80, et al.)