Effective - 09 Jun 1998
640.130. Emergencies — actions to be taken — water systems in violation, penalties. — 1. Whenever the department of natural resources determines that an emergency exists which endangers or could be expected to endanger the public health and safety with regard to drinking water supplies, the department of natural resources may, without notice or hearing, issue an order reciting the existence of such a condition and requiring the person to take such action as will lessen or abate the danger. Notwithstanding any provisions of section 192.320 and sections 640.100 to 640.140, such order shall be effective immediately.
2. At the request of the department, the attorney general may bring an injunctive action or other appropriate action in the name of the people of the state to enforce provisions of section 192.320 and sections 640.100 to 640.140, the rules promulgated pursuant to section 192.320 and sections 640.100 to 640.140 and the orders of the department of natural resources issued pursuant to section 192.320 and sections 640.100 to 640.140.
3. Whenever the department of natural resources determines that a public water system is in violation of sections 640.100 to 640.140, or any rules promulgated pursuant thereunder, the department of natural resources may issue an administrative order requiring the public water system to comply with such rule or statute.
4. The court may impose a civil penalty of not more than fifty dollars per day or part thereof for the first violation of section 192.320 and sections 640.100 to 640.140; one hundred dollars per day or part thereof for the second violation and for each violation thereafter, including any order issued pursuant to this section, or any rules or regulations promulgated pursuant to sections 640.100 to 640.140. The department shall not seek a civil monetary penalty under this section for a violation where an administrative penalty was assessed and collected. 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 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.
5. Any person aggrieved by an emergency order may appeal within thirty days after the issuance of the order to the circuit court of the county in which the public water system is located or if the public water system is located in more than one county, to the circuit court of any such county. The circuit court shall within ten days after the filing of the appeal hear the cause and determine the same.
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(L. 1978 S.B. 509 § 192.210, A.L. 1981 S.B. 204, A.L. 1998 H.B. 1161)
Effective 6-09-98
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 640 - Department of Natural Resources
Section 640.030 - Interagency plan, department of natural resources and department of conservation.
Section 640.033 - Department may not adopt certain rules.
Section 640.040 - Cleanup of controlled substance laboratories — rules — fund.
Section 640.065 - Revolving services fund created, use of moneys.
Section 640.075 - Brochures on Thomas Hart Benton murals and capitol art work, publication.
Section 640.090 - Implementation impact report, submitted to whom — criteria.
Section 640.095 - Penalties, imposition of — department duties, procedure.
Section 640.099 - Nonseverability of act.
Section 640.102 - Definitions.
Section 640.110 - Fund established — deposits, disbursements — unexpended balance not transferred.
Section 640.130 - Emergencies — actions to be taken — water systems in violation, penalties.
Section 640.131 - Administrative penalties.
Section 640.135 - Fluoride rules prohibited.
Section 640.136 - Fluoridation modification, notification to department and customers, when.
Section 640.141 - Citation of law — definition of public water system.
Section 640.145 - Report, contents — inapplicability, when.
Section 640.153 - Home energy audits — definitions — certification process.
Section 640.155 - Energy information, defined — confidentiality — penalty for disclosure.
Section 640.157 - Energy center to serve as coordinator of energy sustainability activities, duties.
Section 640.160 - Energy futures fund created, use of moneys.
Section 640.236 - Punitive and exemplary damages, exempt from, when.
Section 640.400 - Citation of law.
Section 640.403 - Definitions.
Section 640.409 - Surface and ground water monitoring program, duties of department, purpose.
Section 640.412 - Inventory to be maintained on ground and surface water uses, quantity and users.
Section 640.418 - Special water protection area, procedure to establish.
Section 640.423 - Designation as protection area removed, when.
Section 640.426 - Report by department annually, content.
Section 640.430 - Interagency task force established, members, meetings.
Section 640.600 - Grants in aid to certain public water supply sewer systems.
Section 640.605 - Purpose of grants.
Section 640.620 - Limitation on grants — exceptions.
Section 640.651 - Definitions.
Section 640.657 - Annual computation of actual energy cost savings.
Section 640.660 - Loan repayment.
Section 640.663 - Record-keeping requirements for borrowers.
Section 640.665 - Energy set-aside program fund.
Section 640.668 - Transfer of funds from industrial/commercial energy conservation loan fund.
Section 640.670 - Transfer of funds from local government energy conservation loan fund.
Section 640.674 - Rulemaking authority, procedure.
Section 640.676 - Public and private partnership agreements.
Section 640.678 - Administration of fund.
Section 640.680 - Administration of program moneys from sources other than appropriations.
Section 640.682 - Revenue bonds, purpose.
Section 640.686 - Form, details and incidents of revenue bonds.
Section 640.700 - Certain sections to apply only to facilities with a flush system.
Section 640.703 - Definitions.
Section 640.710 - Department to regulate facilities — rules — setback — exemption.
Section 640.730 - Facility to have containment structure.
Section 640.735 - Discharge to be reported, when, to whom.
Section 640.747 - Closure, funds to be returned, when.
Section 640.750 - Department to inspect, when.
Section 640.755 - Rulemaking, procedure — clean water commission to administer.
Section 640.758 - Does not apply to livestock markets.
Section 640.760 - Liquified manure, surface applied, required setback.