260.240. Violations, how proceeded against--county regulations, how enforced, penalty for violation--exceptions. - Missouri Statutes

Violations, how proceeded against--county regulations, how enforced,penalty for violation--exceptions.

260.240. 1. In the event the director determines that any provisionof sections 260.200 to 260.245 and 260.330 or any standard, rule,regulation, final order or approved plan promulgated pursuant thereto isbeing, was, or is in imminent danger of being violated, the director may,in addition to those remedies provided in section 260.230, cause to haveinstituted a civil action in any court of competent jurisdiction forinjunctive relief to prevent any such violation or further violation or inthe case of violations concerning a solid waste disposal area or a solidwaste processing facility, for the assessment of a penalty not to exceedone thousand dollars per day for each day, or part thereof, the violationoccurred and continues to occur, or both, as the court deems proper or inthe case of violations concerning a solid waste disposal area and in thecase of a violation of section 260.330 by a solid waste processingfacility, for the assessment of a penalty not to exceed five thousanddollars per day, or part thereof, the violation occurred and continues tooccur, or both, as the court deems proper. A civil monetary penalty underthis section shall not be assessed for a violation where an administrativepenalty was assessed under section 260.249. The director may requesteither the attorney general or a prosecuting attorney to bring any actionauthorized in this section in the name of the people of the state ofMissouri. Suit can be brought in any county where the defendant'sprincipal place of business is located or where the violation occurred.Any offer of settlement to resolve a civil penalty under this section shallbe in writing, shall state that an action for imposition of a civil penaltymay be initiated by the attorney general or a prosecuting attorneyrepresenting the department under authority of this section, and shallidentify any dollar amount as an offer of settlement which shall benegotiated in good faith through conference, conciliation and persuasion.

2. Any rule, regulation, standard or order of a county commission,adopted pursuant to the provisions of sections 260.200 to 260.245, may beenforced in a civil action for mandatory or prohibitory injunctive reliefor for the assessment of a penalty not to exceed five hundred dollars perday for each day, or part thereof, that a violation of such rule,regulation, standard or order of a county commission occurred and continuesto occur, or both, as the commission deems proper. The county commissionmay request the prosecuting attorney or other attorney to bring any actionauthorized in this section in the name of the people of the state ofMissouri.

3. The liabilities imposed by this section shall not be imposed dueto any violation caused by an act of God, war, strike, riot or othercatastrophe.

(L. 1972 S.B. 387 § 9, A.L. 1975 S.B. 98, A.L. 1993 S.B. 80, et al., A.L. 2007 S.B. 54)

Effective 1-01-08