Missouri Revised Statutes
Chapter 643 - Air Conservation
Section 643.090 - Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court.

Effective - 28 Aug 1992
643.090. Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court. — 1. If the commission or the director finds that a generalized condition of the ambient air due to meteorological conditions and a buildup of air contaminants in any portion of this state constitutes or may constitute an emergency risk to the public health, safety or welfare of those in the area, the commission or the director shall declare that an emergency exists and may, with the written approval of the governor, by order prohibit, restrict or condition all sources of air contaminants contributing to the emergency condition during such periods of time necessary to alleviate or lessen the effects of the emergency condition. The commission shall adopt rules and regulations to implement this subsection. Orders issued pursuant to this subsection shall be enforced by the commission and the state and local police and local air conservation enforcement personnel. Those authorized to enforce such orders may take such reasonable steps as are required to assure compliance therewith.
2. In the absence of a generalized condition of air contaminants as referred to in subsection 1 of this section, and notwithstanding other provisions of this or any other law to the contrary, if the commission or the director determines that any person is engaging or may engage in any activity involving a significant risk of air contamination or is discharging or causing to be discharged into the ambient air, directly or indirectly, any air contaminant, and such activity or discharge constitutes a clear and present danger to the public health or public welfare or the environment, the commission or the director shall issue a written cease and desist order to said person to discontinue immediately such activity or discharge; provided, however, the commission may countermand such order of the director. If such person, notwithstanding such order, continues the activity or discharge of such contaminants into the atmosphere, the commission or the director shall cause to be filed by the attorney general or other counsel in the name of this state, suit for a temporary restraining order, temporary injunction, and permanent injunction. Any such action shall be given precedence over all other matters pending in the circuit courts.
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(L. 1965 p. 335 § 8, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 643 - Air Conservation

Section 643.010 - Short title.

Section 643.020 - Definitions.

Section 643.030 - Intent of law — commission to control air pollution.

Section 643.040 - Air conservation commission created — members, terms, expenses, meetings.

Section 643.050 - Powers and duties of commission — rules, procedure.

Section 643.055 - Commission may adopt rules for compliance with federal law — suspension, reinstatement — exemption, limitations — regulation of residential wood burning heaters or appliances prohibited without legislative authorization.

Section 643.060 - Powers and duties of director.

Section 643.070 - Commission to adopt rules, notice — public hearing.

Section 643.073 - Procedure for submission of applications, fee.

Section 643.075 - Construction without permit prohibited — denial, appeal, procedure — fee, exemption — natural resources protection fund, air pollution permit fee subaccount — city or county permit granted, effect.

Section 643.076 - Sections not to apply to locomotives, exception.

Section 643.077 - Operating and construction permits, transferability.

Section 643.078 - Operation without permit prohibited — single permit for multiple sources — information to be submitted, time period — validation of permit, terms and conditions — time period — director shall enforce federal standards — appeal — cit...

Section 643.079 - Fees, amount — deposit of moneys, where, subaccount to be maintained — civil action for failure to remit fees, effect upon permit — agencies, determination of fees — fee structure revision.

Section 643.080 - Investigations, when made — violation, how eliminated — hearing, procedure — final order, notice of.

Section 643.085 - Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition.

Section 643.090 - Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court.

Section 643.100 - Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved.

Section 643.110 - Commission may grant, modify and revoke variances — director to make recommendation, when.

Section 643.120 - Commission shall act upon request — decision rendered, when — action to compel completion of proceedings.

Section 643.130 - Judicial review.

Section 643.140 - Political subdivisions not preempted in field of air pollution — certificate of authority to issue permits and variances, grounds for revocation.

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

Section 643.161 - State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited.

Section 643.170 - Existing penalties not to be impaired — no actionable rights created, exceptions.

Section 643.173 - Small business technical assistance program established, duties — advisory committee created, members, appointment, terms, compensation, duties.

Section 643.175 - Small business ombudsman, duties — appointment.

Section 643.190 - Department to be air pollution agency for purposes of federal air pollution control acts.

Section 643.191 - Violation of certain requirements unlawful, penalty — false statements unlawful, penalty.

Section 643.192 - Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when.

Section 643.210 - Rules, promulgation.

Section 643.220 - Missouri emissions banking and trading program established by commission — promulgation of rules.

Section 643.225 - Rules for asbestos abatement projects, standards and examinations — certification requirements — application — examination, content — certificate expires, when — fees — renewal of certificate requirements — refresher course — failur...

Section 643.228 - Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee.

Section 643.230 - Denial, suspension or revocation by director, certifications, accreditation of training program or exemption status — grounds — procedure — appeal to commission, powers of commission.

Section 643.232 - Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee.

Section 643.235 - Registration, denial, suspension or revocation by directors, grounds — appeal to commission, procedure — commission's powers — revocation of registration, person may reapply, when.

Section 643.237 - Projects requiring special application, form, contents — procedure — fee, exemptions from fee — revision of project plans, notification of department required.

Section 643.240 - Friable material subject to regulation — air sample analysis, how conducted.

Section 643.242 - Inspection of projects, when — inspection fee — postponement of project, notice to department, failure to notify, effect — exemption from fee for local air pollution control agency, when.

Section 643.245 - Natural resources protection fund — subaccounts created — purpose — lapse into general revenue prohibited — fund deposited where, by state treasurer, interest credited to fund.

Section 643.250 - Entry by department on public or private property for regulation purposes — refusal to allow grounds for revocation or injunctions, violations of regulations, penalties.

Section 643.251 - Certification authorized for persons completing asbestos and earthquake training.

Section 643.255 - Cities, counties, state agencies, requirements.

Section 643.263 - Testing for asbestos, schools — report, contents of — reports of departments.

Section 643.265 - Department of health and senior services, department of natural resources, interagency agreement.

Section 643.300 - Citation of law — mandate of Congress.

Section 643.303 - Decentralized emissions program for inspections, when, program for inspecting certain motor vehicles, requirements — application for authorization to conduct emission inspections — repairs — certification to begin, when, report — re...

Section 643.305 - Commission to adopt state implementation plan, nonattainment areas, certain cities and counties — emission reductions established — department to establish air quality baseline — cost of reduction measures, determination — emissions...

Section 643.310 - Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions — selection of person to operate inspection facility or program, procedure, contract requirement — selection o...

Section 643.312 - Reformulated gasoline program.

Section 643.315 - Motor vehicles subject to program, when, evidence of inspection and approval — exceptions — reciprocity with other states — dealer inspection, return of motor vehicle for failing inspection, options, violation.

Section 643.320 - Criteria for operation of inspection stations, established — application, form, fee — commission to inspect — suspension and revocation of license, procedure — required reports — alternative administrative enforcement mechanisms — s...

Section 643.325 - Certificate and sticker, commission to establish, display of, requirements.

Section 643.330 - Vehicle failure on inspection, reinspection, charge — inspector to provide written estimate, cost of repairs — department to test facilities, violations.

Section 643.335 - Waiver amount established by commission, cost, limits — verification of repairs, procedure — waiver form, affidavit — amount, how calculated — waiver amount for repairs by owner, form — waiver amount for owners receiving public assi...

Section 643.337 - Oversight of vehicle emissions inspection program — report — rulemaking authority.

Section 643.340 - Operation of vehicle without registration, when allowed — vehicle emission inspection, lawful operation beyond registration expiration, when.

Section 643.345 - Transfer of registration not allowed without emissions certificate, when — exceptions.

Section 643.350 - Inspection fee — contractor to remit portion, deposit in Missouri air emission reduction fund, use of, balance not to lapse — moneys may be deposited into general revenue fund, when — supplementation of funds.

Section 643.353 - Annual report on effectiveness of emissions inspection program, requirements.

Section 643.355 - Illegal acts, penalties.

Section 643.400 - Polystyrene foam products made from ozone depleting chemical, sale or distribution, prohibited, penalty — effective when.

Section 643.600 - Compact entered into.

Section 643.610 - Compact to be effective, when — commissioners, qualifications, terms, vacancies, how filled.

Section 643.620 - Commissioners, per diem allowed.

Section 643.640 - Emission standards to be developed for certain carbon dioxide sources — unit-by-unit analysis required, procedure — severability clause.

Section 643.650 - Sulfur dioxide, ambient air quality monitoring or modeling network.