Missouri Revised Statutes
Chapter 640 - Department of Natural Resources
Section 640.236 - Punitive and exemplary damages, exempt from, when.

Effective - 11 Oct 2013
*640.236. Punitive and exemplary damages, exempt from, when. — In all civil actions involving claims for exposure or contamination arising from the ownership, maintenance, management, or control of underground hard rock mining or hard rock milling sites that ceased operations prior to January 1, 1975, or such claims that arise from chat or tailings generated at those sites, brought against persons or entities alleged to have owned, maintained, managed, or controlled such sites, chat, or tailings at any time, such persons and entities shall be exempt from punitive or exemplary damages with respect to all such claims that relate in any way to the ownership, maintenance, management, or control of such sites, chat, or tailings, so long as such persons or entities or their employees, agents, owners, parent, subsidiary, or any related companies have made or are making good faith efforts to remediate such sites. Any evidence may be introduced to demonstrate good faith efforts to remediate including substantial compliance with an order or permit issued by or negotiated with either the state of Missouri or the United States concerning remediation or closure. The total of any awards of punitive or exemplary damages shall not exceed two million five hundred thousand dollars in the aggregate as to all defendants in a civil action within this section. The provisions of section 537.675 shall not apply to such action, and one-half of any such awards for punitive or exemplary damages shall be paid into the Missouri lead abatement loan fund established under section 701.337. Nothing in this section shall be construed as precluding any party from pursuing compensatory damages, including claims for natural resource damages.
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(L. 2013 H.B. 650)
*Effective 10-11-13, see § 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 640 - Department of Natural Resources

Section 640.010 - Department created — director, appointment, powers, duties — transfer of certain agencies.

Section 640.012 - Burden of proof in contested cases heard by administrative hearing commission, exceptions.

Section 640.013 - Appeals from certain environmental decisions to be heard by administrative hearing commission.

Section 640.015 - Environmental conditions or standards, rules to cite specific law or authority relied upon — regulatory impact report required, contents, procedure, not required when — section not applicable, when.

Section 640.016 - Permit restrictions by department of natural resources prohibited in absence of statutory authority — permit issuance procedures — denial of permit, basis to be detailed — approval of permit not to be altered for one year, when.

Section 640.017 - Unified permit schedule authorized for activities requiring multiple permits — director's duties — procedure — rulemaking authority.

Section 640.018 - Permit issuance after expiration of statutorily required time frame — engineering plans, specifications and designs — permit application or modification, statement required, use by department.

Section 640.026 - Enforcement and penalties, list of documents produced for external dissemination — JCAR review, contents.

Section 640.030 - Interagency plan, department of natural resources and department of conservation.

Section 640.033 - Department may not adopt certain rules.

Section 640.035 - Environmental control — conservation programs — department's duty to maintain records, content.

Section 640.040 - Cleanup of controlled substance laboratories — rules — fund.

Section 640.045 - Revolving fund for cash transactions for sale of items made by Department of Natural Resources divisions established.

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 640.078 - Federal Clean Water Act and federal Safe Drinking Water Act, tax refunds in violation of — department of natural resources to identify other appropriated funds to department for transfer to the state general revenue fund.

Section 640.080 - E. coli measuring standard — posting of signs when beaches exceed, language — authority to close beaches.

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 640.100 - Commission, duties, promulgate rules — political subdivisions may set certain additional standards — certain departments test water supply, when — fees, amount — federal compliance — customer fees, effective, when.

Section 640.102 - Definitions.

Section 640.105 - Commission established, members appointed — organization — reimbursement for expenses.

Section 640.107 - Drinking water revolving fund — loans and grants — funds for training and technical assistance.

Section 640.110 - Fund established — deposits, disbursements — unexpended balance not transferred.

Section 640.115 - Information to be furnished — approval of supplies — system changes to conform to rules — permit applications — appeals.

Section 640.116 - Exemption from rules, system exclusively serving charitable or benevolent organization, when.

Section 640.120 - Tests, required when — inspections, sampling, entry denied, procedure — publication, community water quality — lead-free construction and repair materials required, exceptions.

Section 640.125 - Test results to be reported — records to be retained — notices — information to be provided.

Section 640.128 - Voluntary reporting by permit holders, department to notify local and state health departments of potential risks.

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 640.137 - Source water of public water systems — duties of department — petition program authorized.

Section 640.140 - Department may cooperate with others — may receive aid, conduct training and research — may financially assist in construction of water systems.

Section 640.141 - Citation of law — definition of public water system.

Section 640.142 - Plan for identifying and mitigating cyber risk — exemption, when — inapplicability, when.

Section 640.144 - Valve inspection program, requirements — hydrant inspection program, requirements — inapplicability, when.

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 640.220 - Natural resources protection fund created — purpose — funding — administration — fund relapses into general fund, when.

Section 640.235 - Damages received, use, limit, purpose — additional funds used, when — funds transferred, when, how much.

Section 640.236 - Punitive and exemplary damages, exempt from, when.

Section 640.400 - Citation of law.

Section 640.403 - Definitions.

Section 640.405 - Interstate use of water, negotiation of interstate compacts, duties of department — general assembly and other agencies to be consulted.

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 640.415 - State water resource plan to be established for use of surface and ground water — annual report, contents — powers of department.

Section 640.418 - Special water protection area, procedure to establish.

Section 640.420 - Special water protection area, information program to be established, purpose, duties.

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 640.435 - Judicial review from final orders of department, procedure — duties of department not to conflict.

Section 640.600 - Grants in aid to certain public water supply sewer systems.

Section 640.605 - Purpose of grants.

Section 640.610 - Appropriation for grants made to the department of natural resources — to administer.

Section 640.615 - Applicant to obtain primary source to finance project and then apply for grant — rules governing grants, authority of department.

Section 640.620 - Limitation on grants — exceptions.

Section 640.648 - Right to private water systems and ground source systems retained, exceptions — right to rainwater collection systems retained.

Section 640.651 - Definitions.

Section 640.653 - Application and technical assistance report, content and form — loans, how granted — review and summary by agencies.

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 640.672 - Remittance for improper use of loan, procedure — failure to remit payment, collection, actions — audit of loan, when.

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 640.715 - Notification by owners or operators, information required — department to issue permit, when.

Section 640.725 - Inspection of facility, when, records retention period — automatic shutoff system required.

Section 640.730 - Facility to have containment structure.

Section 640.735 - Discharge to be reported, when, to whom.

Section 640.740 - Fund created — how money to be expended — abandoned property defined — transfer of fund to general revenue, prohibited.

Section 640.745 - Fee to be paid by facility owner/operator, when, amount — fund expended, how, limit — closure activities.

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.