643.151. Violations, penalties, notice--civil action--offer of settlement, method--disclosure of confidential information, penalty.

MISSOURI STATUTES AND CODES

643.151. Violations, penalties, notice--civil action--offer of settlement, method--disclosure of confidential information, penalty.

Violations, penalties, notice--civil action--offer of settlement,method--disclosure of confidential information, penalty.

643.151. 1. It is unlawful for any person to cause orpermit any air pollution by emission of any air contaminant fromany air contaminant source located in Missouri, in violation ofsections 643.010 to 643.190, or any rule promulgated by thecommission.

2. No person who knows or should know of the existence ofsuch rules may cause or permit any air pollution by emission ofany air contaminant source located outside Missouri, and whichemissions enter Missouri in excess of the emission controlregulations applicable to the portion of Missouri where the aircontaminant enters the state.

3. In the event the commission determines that anyprovision of sections 643.010 to 643.190, or the rulespromulgated hereunder, permits issued, or any final order ordetermination made by the commission or the director is beingviolated, the commission may cause to have instituted a civilaction in any court of competent jurisdiction for injunctiverelief to prevent any further violation or for the assessment ofa penalty not to exceed ten thousand dollars for each violationper day for each day, or part thereof, the violation continues tooccur, or both, as the court may deem proper. A civil monetarypenalty under this section shall not be assessed for a violationwhere an administrative penalty was assessed under section643.085. The commission may request the attorney general orother counsel to bring such action in the name of the people ofthe state of Missouri. Process may be served in any mannerprovided by chapter 506, RSMo, including but not limited tosections 506.510 and 506.520, RSMo. Suit may be brought in anycounty where the defendant's principal place of business islocated or where the air contaminant source is located or wherethe air contaminants enter the state of Missouri. Any offer ofsettlement to resolve a civil penalty under this section shall bein writing, shall state that an action for imposition of a civilpenalty may be initiated by the attorney general or a prosecutingattorney representing the department under authority of thissection, and shall identify any dollar amount as an offer ofsettlement which shall be negotiated in good faith throughconference, conciliation and persuasion.

4. Any member of the commission or employee thereof who isconvicted of willful disclosure or conspiracy to discloseconfidential information to any person other than one entitled tothe information under sections 643.010 to 643.190 is guilty of aclass A misdemeanor and upon conviction thereof shall be punishedby a fine of not more than one thousand dollars.

5. No liability shall be imposed upon persons violating theprovisions of sections 643.010 to 643.190 or any rule hereunderdue to any violation caused by an act of God, war, strike, riotor other catastrophe.