260.1074. Audits and inspections by department permitted--enforcement of act--warning notices--penalties may be assessed, subaccount created.

MISSOURI STATUTES AND CODES

260.1074. Audits and inspections by department permitted--enforcement of act--warning notices--penalties may be assessed, subaccount created.

Audits and inspections by department permitted--enforcement ofact--warning notices--penalties may be assessed, subaccountcreated.

260.1074. 1. The department may conduct audits and inspections todetermine compliance with sections 260.1050 to 260.1101.

2. The department and the attorney general, as appropriate, shallenforce sections 260.1050 to 260.1101 and, except as provided bysubsections 4 and 5 of this section, take enforcement action against anymanufacturer, retailer, or person who recycles or reuses equipment forfailure to comply with sections 260.1050 to 260.1101.

3. The attorney general may file suit to enjoin an activity relatedto the sale of equipment in violation of sections 260.1050 to 260.1101.

4. The department shall issue a written warning notice to a personupon the person's first violation of sections 260.1050 to 260.1101. Theperson shall comply with sections 260.1050 to 260.1101 not later than thesixtieth day after the date the warning notice is issued.

5. A retailer who receives a warning notice from the department thatthe retailer's inventory violates sections 260.1050 to 260.1101 because itincludes equipment from a manufacturer that has not submitted the recoveryplan required by section 260.1062 shall bring the inventory into compliancewith sections 260.1050 to 260.1101 not later than the sixtieth day afterthe date the warning notice is issued.

6. (1) The department may assess a penalty against a manufacturerthat does not label its equipment or adopt, implement, or submit a recoveryplan as required by section 260.1062. No penalty shall be assessed for afirst violation and the amount of the penalty shall not exceed ten thousanddollars for the second violation or twenty-five thousand dollars for eachsubsequent violation.

(2) Any penalty collected under this section shall be credited to the"Equipment Recycling Subaccount", which is hereby created, in the hazardouswaste fund. Moneys in the subaccount shall be used for the purpose ofadministering the provisions of sections 260.1050 to 260.1101. The statetreasurer shall be custodian of the subaccount and may approvedisbursements from the fund in accordance with sections 30.170 and 30.180,RSMo. Upon appropriation, money in the subaccount shall be used solely forthe administration of sections 260.1050 to 260.1101. Any moneys remainingin the subaccount at the end of the biennium shall revert to the credit ofthe general revenue fund. The state treasurer shall invest moneys in thefund in the same manner as other funds are invested. Any interest andmoneys earned on such investments shall be credited to the subaccount.