640.130. Emergencies--actions to be taken--water systems in violation, penalties.

MISSOURI STATUTES AND CODES

640.130. Emergencies--actions to be taken--water systems in violation, penalties.

Emergencies--actions to be taken--water systems in violation,penalties.

640.130. 1. Whenever the department of natural resources determinesthat an emergency exists which endangers or could be expected to endangerthe public health and safety with regard to drinking water supplies, thedepartment of natural resources may, without notice or hearing, issue anorder reciting the existence of such a condition and requiring the personto take such action as will lessen or abate the danger. Notwithstandingany provisions of section 192.320, RSMo, and sections 640.100 to 640.140,such order shall be effective immediately.

2. At the request of the department, the attorney general may bringan injunctive action or other appropriate action in the name of the peopleof the state to enforce provisions of section 192.320, RSMo, and sections640.100 to 640.140, the rules promulgated pursuant to section 192.320,RSMo, and sections 640.100 to 640.140 and the orders of the department ofnatural resources issued pursuant to section 192.320, RSMo, and sections640.100 to 640.140.

3. Whenever the department of natural resources determines that apublic water system is in violation of sections 640.100 to 640.140, or anyrules promulgated pursuant thereunder, the department of natural resourcesmay issue an administrative order requiring the public water system tocomply with such rule or statute.

4. The court may impose a civil penalty of not more than fiftydollars per day or part thereof for the first violation of section 192.320,RSMo, and sections 640.100 to 640.140; one hundred dollars per day or partthereof for the second violation and for each violation thereafter,including any order issued pursuant to this section, or any rules orregulations promulgated pursuant to sections 640.100 to 640.140. Thedepartment shall not seek a civil monetary penalty under this section for aviolation where an administrative penalty was assessed and collected. Anyoffer of settlement to resolve a civil penalty under this section shall bein writing, shall state that an action for imposition of a civil penaltymay be initiated by the attorney general under authority of this sectionand shall identify any dollar amount as an offer of settlement which shallbe negotiated in good faith through conference, conciliation andpersuasion.

5. Any person aggrieved by an emergency order may appeal withinthirty days after the issuance of the order to the circuit court of thecounty in which the public water system is located or if the public watersystem is located in more than one county, to the circuit court of any suchcounty. The circuit court shall within ten days after the filing of theappeal hear the cause and determine the same.