260.910. Violations of dry-cleaning remediation laws--civil damages.

MISSOURI STATUTES AND CODES

260.910. Violations of dry-cleaning remediation laws--civil damages.

Violations of dry-cleaning remediation laws--civil damages.

260.910. 1. No person shall:

(1) Operate an active dry-cleaning facility in violation of sections260.900 to 260.960, rules and regulations adopted pursuant to sections260.900 to 260.960 or orders of the director pursuant to sections 260.900to 260.960, or operate an active dry-cleaning facility in violation of anyother applicable federal or state environmental statutes, rules orregulations;

(2) Prevent or hinder a properly identified officer or employee ofthe department or other authorized agent of the director from entering,inspecting, sampling or responding to a release at reasonable times andwith reasonable advance notice to the operator as authorized by sections260.900 to 260.960;

(3) Knowingly make any false material statement or representation inany record, report or other document filed, maintained or used for thepurpose of compliance with sections 260.900 to 260.960;

(4) Knowingly destroy, alter or conceal any record required to bemaintained by sections 260.900 to 260.960 or rules and regulations adoptedpursuant to sections 260.900 to 260.960;

(5) Willfully allow a release in excess of a reportable quantity orknowingly fail to make an immediate response to a release in accordancewith sections 260.900 to 260.960 and rules and regulations pursuant tosections 260.900 to 260.960.

2. The director may bring a civil damages action against any personwho violates any provisions of subsection 1 of this section. Such civildamages may be assessed in an amount not to exceed five hundred dollars foreach violation and are in addition to any other penalty assessed by law.

3. In assessing any civil damages pursuant to this section, a courtof competent jurisdiction shall consider, when applicable, the followingfactors:

(1) The extent to which the violation presents a hazard to humanhealth;

(2) The extent to which the violation has or may have an adverseeffect on the environment;

(3) The amount of the reasonable costs incurred by the state indetection and investigation of the violation; and

(4) The economic savings realized by the person in not complying withthe provision for which a violation is charged.