Section 640.131

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 640

Effective - 09 Jun 1998, see footnote   

  640.131.  Administrative penalties. — 1.  In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 640.100 to 640.140 or a standard, limitation, order, rule or regulation promulgated thereunder, or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator under this section.  An administrative penalty shall not be imposed until the director has sought to resolve the violations through conference, conciliation and persuasion.  If the violation is resolved through conference, conciliation and persuasion, no administrative penalty shall be assessed unless the violation has caused a risk to human health or to the environment, or has caused or has potential to cause pollution or was knowingly committed.

  2.  The maximum amount of administrative penalties assessed pursuant to this section for public water systems serving ten thousand or more persons shall be no more than one thousand dollars per day, or part thereof, for each violation, up to a maximum of twenty-five thousand dollars for each violation.  The maximum amount of administrative penalties assessed pursuant to this section for public water systems serving at least five hundred persons but less than ten thousand persons shall be no more than two hundred fifty dollars per day, or part thereof, for each violation, up to a maximum of five thousand dollars for each violation.  The maximum amount of administrative penalties assessed pursuant to this section for public water systems serving less than five hundred persons shall be no more than one hundred dollars per day, or part thereof, for each violation, up to a maximum of one thousand dollars for each violation.  In determining the amount of the administrative penalty, the department shall take into consideration all relevant circumstances, including, but not limited to, the harm which the violation causes or may cause, the violator's previous compliance record, the nature and persistence of the violation, any corrective actions taken, the number of connections served by the system and any other factors which the department may reasonably deem relevant.

  3.  Any order assessing an administrative penalty shall state that an administrative penalty is being assessed under this section and that the person subject to the penalty may appeal as provided by this section.  Any such order which fails to state the law or regulation under which the penalty is being sought, the manner of collection or rights of appeal shall result in the state's waiving any right to collection of the penalty.  An administrative penalty shall be paid within sixty days from the date of issuance of the order assessing the penalty.  Any person subject to an administrative penalty may appeal to the commission.  Any appeal shall stay the due date of such administrative penalty until the appeal is resolved.  Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for a surcharge of fifteen percent of the penalty plus ten percent per annum on any amounts owed.  Any administrative penalty paid pursuant to this section shall be handled in accordance with Section 7 of Article IX of the Missouri Constitution.  An action may be brought in the appropriate circuit court to collect any unpaid administrative penalty, and for attorney's fees and costs incurred directly in the collection thereof.

  4.  An administrative penalty shall not be increased in those instances where department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty.  Any administrative penalty shall be assessed within two years following the department's initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.

  5.  Any final order imposing an administrative penalty is subject to judicial review upon the filing of a petition pursuant to section 536.100 by any person subject to the administrative penalty.  No judicial review shall be available, however, until all administrative remedies are exhausted.

  6.  The state may elect to assess an administrative penalty, or, in lieu thereof, to request that the attorney general or prosecutor file an appropriate legal action seeking a civil penalty in the appropriate circuit court.

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(L. 1998 H.B. 1161)

Effective 6-09-98