236.495. Legal actions for enforcement available, procedure.
Legal actions for enforcement available, procedure.
236.495. 1. In carrying out the provisions of sections236.400 to 236.500 and to the extent not inconsistent withchapter 491, RSMo, the chief engineer or council may subpoenawitnesses and compel their attendance, and may also require thesubmission of books, papers, documents or other pertinent data inany hearing or enforcement proceedings hereunder or in any casewherein a violation of this chapter is alleged. Upon failure orrefusal to comply with such order or upon failure to honor asubpoena, as herein provided, the council may request theattorney general or a prosecuting attorney to apply to thecircuit court having jurisdiction to enforce compliance.
2. The council may request the attorney general or aprosecuting attorney, in the name of the state, to institute asuit for injunctive relief to stop or prevent violations of theprovisions of sections 236.400 to 236.500, permits, standards,orders and rules and regulations promulgated hereunder, whichshall be violations of sections 236.400 to 236.500, or torestrain any violation thereof, or after written notification ofviolation by the council, and a reasonable time to correct suchviolation, for the assessment of a penalty of up to one thousanddollars per day, for each day or part thereof the violationcontinues to occur after such notice. Such action may be broughtin any county where the defendant's principal place of businessis located, where the dam or reservoir is located, or theviolation does or may occur.
(L. 1979 H.B. 603 § 20)