640.131. Administrative penalties.

MISSOURI STATUTES AND CODES

640.131. Administrative penalties.

Administrative penalties.

640.131. 1. In addition to any other remedy provided by law, upon adetermination by the director that a provision of sections 640.100 to640.140 or a standard, limitation, order, rule or regulation promulgatedthereunder, or a term or condition of any permit has been violated, thedirector may issue an order assessing an administrative penalty upon theviolator under this section. An administrative penalty shall not beimposed until the director has sought to resolve the violations throughconference, conciliation and persuasion. If the violation is resolvedthrough conference, conciliation and persuasion, no administrative penaltyshall be assessed unless the violation has caused a risk to human health orto the environment, or has caused or has potential to cause pollution orwas knowingly committed.

2. The maximum amount of administrative penalties assessed pursuantto this section for public water systems serving ten thousand or morepersons shall be no more than one thousand dollars per day, or partthereof, for each violation, up to a maximum of twenty-five thousanddollars for each violation. The maximum amount of administrative penaltiesassessed pursuant to this section for public water systems serving at leastfive hundred persons but less than ten thousand persons shall be no morethan two hundred fifty dollars per day, or part thereof, for eachviolation, up to a maximum of five thousand dollars for each violation.The maximum amount of administrative penalties assessed pursuant to thissection for public water systems serving less than five hundred personsshall be no more than one hundred dollars per day, or part thereof, foreach violation, up to a maximum of one thousand dollars for each violation.In determining the amount of the administrative penalty, the departmentshall take into consideration all relevant circumstances, including, butnot limited to, the harm which the violation causes or may cause, theviolator's previous compliance record, the nature and persistence of theviolation, any corrective actions taken, the number of connections servedby the system and any other factors which the department may reasonablydeem relevant.

3. Any order assessing an administrative penalty shall state that anadministrative penalty is being assessed under this section and that theperson subject to the penalty may appeal as provided by this section. Anysuch order which fails to state the law or regulation under which thepenalty is being sought, the manner of collection or rights of appeal shallresult in the state's waiving any right to collection of the penalty. Anadministrative penalty shall be paid within sixty days from the date ofissuance of the order assessing the penalty. Any person subject to anadministrative penalty may appeal to the commission. Any appeal shall staythe due date of such administrative penalty until the appeal is resolved.Any person who fails to pay an administrative penalty by the final due dateshall be liable to the state for a surcharge of fifteen percent of thepenalty plus ten percent per annum on any amounts owed. Any administrativepenalty paid pursuant to this section shall be handled in accordance withsection 7 of article IX of the Missouri Constitution. An action may bebrought in the appropriate circuit court to collect any unpaidadministrative penalty, and for attorney's fees and costs incurred directlyin the collection thereof.

4. An administrative penalty shall not be increased in thoseinstances where department action, or failure to act, has caused acontinuation of the violation that was a basis for the penalty. Anyadministrative penalty shall be assessed within two years following thedepartment's initial discovery of such alleged violation, or from the datethe department in the exercise of ordinary diligence should have discoveredsuch alleged violation.

5. Any final order imposing an administrative penalty is subject tojudicial review upon the filing of a petition pursuant to section 536.100,RSMo, by any person subject to the administrative penalty. No judicialreview shall be available, however, until all administrative remedies areexhausted.

6. The state may elect to assess an administrative penalty, or, inlieu thereof, to request that the attorney general or prosecutor file anappropriate legal action seeking a civil penalty in the appropriate circuitcourt.