319.127. Violations, procedure--penalty, disposition.

MISSOURI STATUTES AND CODES

319.127. Violations, procedure--penalty, disposition.

Violations, procedure--penalty, disposition.

319.127. 1. It is unlawful for any owner or operator to cause orpermit any violations of sections 319.100 to 319.137, or any standard, ruleor regulation, order or permit term or condition adopted or issuedhereunder. Except as provided in this section, whenever on the basis ofany information, the department determines that any person is in suchviolation, the department may issue an order requiring compliance within areasonable specified time period, pursuant to chapter 260, RSMo, or thedepartment may commence a civil action in a court of competent jurisdictionin which the violation occurred for appropriate relief, including atemporary or permanent injunction.

2. If an owner or operator fails to comply with an order under thissection within the time specified, the department may commence a civilaction in a court of competent jurisdiction for injunctive relief toprevent any such violation or further violation or for the assessment of acivil penalty not to exceed ten thousand dollars for each day, or partthereof, the violation occurred or continues to occur, or both, as thecourt deems proper. A civil monetary penalty under this section shall notbe assessed for a violation where an administrative penalty was assessedunder section 319.139. The department may request either the attorneygeneral or a prosecuting attorney to bring any action authorized in thissection in the name of the people of the state of Missouri. Any offer ofsettlement to resolve a civil penalty under this section shall be inwriting, shall state that an action for imposition of a civil penalty maybe initiated by the attorney general or a prosecuting attorney representingthe department under authority of this section, and shall identify anydollar amount as an offer of settlement which shall be negotiated in goodfaith through conference, conciliation and persuasion.

3. Any penalty recovered pursuant to the provisions of this sectionshall be handled in accordance with section 7 of article IX of the stateconstitution.

4. If the department alleges a violation of law or regulation ofsections 319.100 to 319.139, and mandates compliance with such law orregulation by a person or entity, the department shall provide the personor entity responsible for compliance with such law or regulation withwritten criteria detailing exactly what action is necessary for such personor entity to comply with the law or regulation. The criteria shall includeany time restrictions imposed by the department and shall be prima facieevidence of the action necessary for compliance with the law or regulation.Any person or entity meeting the criteria shall be deemed to be in fullcompliance with the requests of the department and evidence of complianceshall constitute an affirmative defense in any action brought by or onbehalf of the department under the law or regulation. The criteria may notbe amended by the department once issued to the person or entityresponsible for compliance with such law or department regulation for threeyears from the date of issuance unless mandated by a change in state orfederal law.