Effective - 28 Aug 1993
260.425. Violations, how punished. — 1. It is unlawful for any person to cause or permit any acts or hazardous waste management practices which violate sections 260.350 to 260.430 or any standard, rule or regulation, order or license or permit term or condition adopted or issued hereunder. In the event the commission or the department determines that any provision of sections 260.350 to 260.430 or any standard, rule or regulation, order or determination, or license or permit term or condition adopted or issued hereunder by the commission or the department, or any filing requirement under sections 260.350 to 260.430 or any provision which this state is required to enforce under any federal hazardous waste management act, is being, was, or is in imminent danger of being violated, the commission or department may, in addition to other remedies under sections 260.350 to 260.430, cause to have instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent any such violation or further violation or for the assessment of a civil penalty not to exceed ten thousand dollars per day for each day, or part thereof, the violation occurred and continues to occur, or both, as the court deems proper. A civil monetary penalty under this section shall not be assessed for a violation where an administrative penalty was assessed under section 260.412. The commission or the department may request either the attorney general or a prosecuting attorney to bring any action authorized in this section in the name of the people of the state of Missouri. Suit may be brought in any county where the defendant's principal place of business is located or was located at the time the violation occurred, or has or may cause injury or threat to the health of humans or the environment. Any offer of settlement to resolve a civil penalty under this section shall be in writing, shall state that an action for imposition of a civil penalty may be initiated by the attorney general or a prosecuting attorney representing the department under authority of this section, and shall identify any dollar amount as an offer of settlement which shall be negotiated in good faith through conference, conciliation and persuasion.
2. Moneys received pursuant to this section which are not required by Article IX, Section 7, of the Constitution to be distributed to schools shall be deposited in the hazardous waste fund created in section 260.391.
3. Any person who knowingly:
(1) Transports any hazardous waste to a facility which is not authorized to receive such waste pursuant to sections 260.350 to 260.430 or permits or causes any other hazardous waste transportation practice in violation of any provision of sections 260.350 to 260.430;
(2) Treats, stores or disposes of any hazardous waste either:
(a) Without authorization to do so pursuant to sections 260.350 to 260.430; or
(b) In knowing violation of any material condition or requirement of such authorization; or
(c) In violation of any provision of sections 260.350 to 260.430;
(3) Makes any false material statement, representation or certification in any application, label, permit, record, report, manifest or other document filed, maintained, or required to be maintained under sections 260.350 to 260.430;
(4) Falsifies, tampers with, or renders inaccurate any monitoring device or result therefrom used, filed, maintained, or required to be maintained under sections 260.350 to 260.430;
(5) Generates, treats, stores, transports, disposes of or otherwise handles any hazardous waste, and who in connection therewith knowingly destroys, alters or conceals any record required to be maintained pursuant to sections 260.350 to 260.430; or
(6) Owns, maintains or operates any hazardous waste disposal facility in a manner which permits any acts or hazardous waste management practices in violation of sections 260.350 to 260.430, shall, upon conviction, be punished by a fine of not less than twenty-five hundred dollars nor more than twenty-five thousand dollars for each day of violation, or by confinement in the county jail for not more than one year, or by both such fine and confinement. Second and successive convictions for violation of this section shall be punished by a fine of not less than five thousand dollars nor more than fifty thousand dollars for each day of violation, or by imprisonment for not less than ten years, or by both such fine and imprisonment.
4. Whenever the director or his designee observes or has reason to believe any such person is violating or has violated the provisions of sections 260.350 to 260.430 relating to hazardous waste facilities, the director or his designee may request the sheriff or deputy sheriff of the county where the hazardous waste facility is located, or any law enforcement officer otherwise authorized by law to issue a summons, to make investigation. If the officer views any violation of sections 260.350 to 260.430 or has probable cause to believe any violation of sections 260.350 to 260.430 is occurring or has occurred, he shall issue to the owner or operator a summons, in lieu of arrest, which shall state the nature of any alleged violations and shall command the owner or operator to appear in circuit court, associate division, at a stated time and place in answer thereto. If the owner or operator shall fail to appear as commanded by the summons, a warrant of arrest shall be issued.
5. In addition to the authority granted to it under chapter 43, the Missouri state highway patrol, any of its officers, or any other law enforcement officer, who has probable cause to believe that such a violation of sections 260.350 to 260.430 has been committed may detain any equipment involved in the violation and arrest the person controlling or operating such equipment. Any such officer shall also notify the department or the Missouri public service commission as soon as practicable, which shall, in addition, take whatever civil action they determine is necessary to correct or eliminate such violation or any threat to the health of humans or the environment. It shall be the duty of the Missouri state highway patrol as it pertains to highway use, and all other officers of the state of Missouri charged with enforcement of criminal law, to further the purposes of sections 260.350 to 260.430 and to render and furnish to the department when requested all information and assistance in their possession and in their power.
6. The liabilities which shall be imposed pursuant to any provision of sections 260.350 to 260.430 upon persons violating the provisions of sections 260.350 to 260.430 or any standard, rule or regulation, or license or permit term or condition adopted or issued hereunder shall not be imposed for any violation caused by a strike or an act of God, war, riot or other catastrophe.
7. No provision of sections 260.350 to 260.430 shall be construed to limit any action at law or in equity from being brought by any person or political subdivision aggrieved by any violation of sections 260.350 to 260.430 nor shall any provision be construed to prohibit any person from exercising otherwise existing rights to suppress nuisances.
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(L. 1977 H.B. 318 § 16, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1983 H.B. 528, A.L. 1993 S.B. 80, et al.)
Structure Missouri Revised Statutes
Title XVI - Conservation, Resources and Development
Chapter 260 - Environmental Control
Section 260.005 - Definitions.
Section 260.010 - Authority created.
Section 260.015 - Purpose of authority.
Section 260.020 - Membership of authority, appointed how, terms, quorum.
Section 260.025 - Officers, how selected.
Section 260.030 - Compensation and expenses.
Section 260.040 - Revenue bonds, issued when — sale, limitations — procedure — rate.
Section 260.045 - Notes issued when, how sold.
Section 260.050 - Renewal notes or refunding bonds issued when.
Section 260.055 - Resolution authorizing notes or bonds, contents of.
Section 260.060 - Resolution may provide for trust agreements.
Section 260.065 - Notes and bonds not an indebtedness of the state.
Section 260.070 - Notes and bonds approved as investments — who may invest.
Section 260.075 - Projects subject to taxation — notes, bonds and their income tax free, exceptions.
Section 260.085 - Termination or dissolution, property to pass to state.
Section 260.095 - Contracts between authority and political subdivisions, purpose.
Section 260.100 - Authority member not personally liable on notes or bonds issued.
Section 260.110 - Statutory conflicts, which prevails.
Section 260.120 - Interest rate on loans.
Section 260.125 - Severability.
Section 260.200 - Definitions.
Section 260.204 - Permit for treatment of infectious waste, not to be issued, when.
Section 260.211 - Demolition waste, criminal disposition of — penalties — conspiracy.
Section 260.212 - Solid waste, criminal disposition of — penalties — conspiracy.
Section 260.213 - Disclosure of landfill, sale of property, required.
Section 260.216 - Solid waste disposal in receptacle of another, prohibited — penalty.
Section 260.220 - Plans to be submitted, contents of — disapproval, effect of.
Section 260.221 - Processed recycled asphalt shingles — definitions — use without permit, when.
Section 260.236 - Severability of provisions.
Section 260.241 - Permit not to be issued, when.
Section 260.243 - Buffer zone required, commercial processing facility, how determined.
Section 260.245 - Tax, how levied — limitation — form of ballot.
Section 260.260 - Batteries, lead-acid, disposal of restricted — penalty.
Section 260.262 - Retailers of lead-acid batteries, duties — notice to purchaser, contents.
Section 260.264 - Notices to public, batteries, duties of department.
Section 260.266 - Wholesalers of lead-acid batteries, duties — storage of batteries, requirements.
Section 260.269 - In-state private entity disposal permitted, when.
Section 260.273 - Fee, sale of new tires, amount — collection, use of moneys — termination.
Section 260.300 - Regions, division of state into — procedures, purpose.
Section 260.302 - County may apply for change in region, when, procedures.
Section 260.310 - Contractual authority, powers.
Section 260.324 - Grants, familial relationships not a disqualifier — voting restrictions.
Section 260.350 - Short title.
Section 260.355 - Exempted wastes.
Section 260.360 - Definitions.
Section 260.371 - Severability clause, exceptions.
Section 260.372 - Powers and duties of commission.
Section 260.375 - Duties of department — licenses required — permits required.
Section 260.377 - Inspection by department.
Section 260.385 - Activities not allowed and requirements to be met by hazardous waste transporters.
Section 260.400 - Procedure for conducting public hearings.
Section 260.405 - Variances granted, when.
Section 260.410 - Department to enforce standards, rules and regulations — appeal authorized.
Section 260.415 - Appeals — other remedies available, costs.
Section 260.420 - Imminent hazard, action to be taken.
Section 260.423 - Facility ordered to accept waste, reimbursement rate disagreement, procedure.
Section 260.424 - Underground injection prohibited.
Section 260.425 - Violations, how punished.
Section 260.429 - No permit in non-karst area of state over groundwater divide.
Section 260.430 - Confidential information — illegal disclosure, penalty.
Section 260.437 - Rules and regulations, authority.
Section 260.445 - Abandoned and uncontrolled sites, annual report, content — sent to whom.
Section 260.455 - Registry, proposed site addition, procedure, notice.
Section 260.460 - Listing or proposed listing of site in registry, procedure to remove.
Section 260.470 - Recording of sites, placed on or removed from registry — removal procedure.
Section 260.480 - Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund.
Section 260.482 - Incineration of certain material by Department of Defense, limitation.
Section 260.500 - Definitions.
Section 260.510 - Hazardous substances, director's powers and duties.
Section 260.515 - Actions to abate, control or clean up not construed as admission of liability.
Section 260.520 - Rules and regulations, limitation — procedure.
Section 260.525 - Investigation, no person to refuse entry — search warrant to be issued.
Section 260.535 - Hazardous waste fund, deposits to — purpose for use.
Section 260.540 - State employees acting in official capacity, liability.
Section 260.550 - Information to be available to public, exceptions.
Section 260.565 - Definitions.
Section 260.571 - Hazardous waste management commission may promulgate rules, scope.
Section 260.573 - Completion of plan, department to issue letter, contents — effect.
Section 260.575 - False information, submission of — penalty.
Section 260.602 - Authorities' articles of incorporation, content.
Section 260.603 - Articles filed where — secretary of state, duties.
Section 260.605 - Board of directors, number, qualifications, election, term.
Section 260.607 - Powers and duties of board.
Section 260.609 - Authority, state and state employees no liability, when.
Section 260.700 - Membership authorized — compact — purposes.
Section 260.705 - Definitions.
Section 260.730 - Tax levy authorized for counties containing regional disposal facilities.
Section 260.750 - Environmental radiation monitoring program and fund established — purposes.
Section 260.800 - Definitions.
Section 260.805 - Electric suppliers to purchase electricity generated, rate allowable.
Section 260.810 - Extraordinary costs and interconnection charges paid by governing body.
Section 260.815 - Loss of revenue, rate case before public service commission allowable.
Section 260.818 - Definitions.
Section 260.819 - Removal costs and damages, liability, limitations.
Section 260.820 - Definitions.
Section 260.822 - Content concentration of certain elements, restrictions.
Section 260.900 - Definitions.
Section 260.910 - Violations of dry-cleaning remediation laws — civil damages.
Section 260.915 - Registration of dry-cleaning facilities with department.
Section 260.945 - Surcharges not collected, when.
Section 260.950 - Judicial review.
Section 260.955 - Department to report on fund, corrective action from fund.
Section 260.965 - Expiration date.
Section 260.1000 - Citation of law.
Section 260.1003 - Definitions.
Section 260.1009 - Contents of a covenant.
Section 260.1012 - Enforceability of covenants, criteria.
Section 260.1015 - Use of real property subject to zoning laws and recorded instruments.
Section 260.1018 - Copy of covenant to be provided, to whom.
Section 260.1021 - Recording of a covenant, procedure.
Section 260.1024 - Covenants are perpetual, exceptions — department may terminate covenants, when.
Section 260.1036 - Inapplicability to storage tanks.
Section 260.1039 - Effect of act on certain federal laws.
Section 260.1050 - Citation of act.
Section 260.1053 - Definitions.
Section 260.1059 - Applicability of act — exceptions.
Section 260.1065 - Labeling requirements for sale of new equipment.
Section 260.1068 - Information on computer materials, immunity from liability, when.
Section 260.1071 - Department to educate consumers — internet site required.
Section 260.1077 - Financial and proprietary information not a public record.
Section 260.1080 - Report to legislative committees.
Section 260.1083 - Fee not authorized, when.
Section 260.1092 - Federal law may preempt, when.