444.375. Inspections, investigations, director to perform--civil penalties authorized, procedures--emergency situations, powers of director.
Inspections, investigations, director to perform--civil penaltiesauthorized, procedures--emergency situations, powers of director.
444.375. 1. The director shall cause investigations to bemade to determine compliance with sections 444.350 to 444.380 andthe permits issued pursuant to sections 444.350 to 444.380.
2. The director and authorized representatives of thedirector may at all normal working times enter upon any metallicminerals waste management area for the purpose of inspection todetermine whether the provisions of sections 444.350 to 444.380have been complied with. No person shall refuse entry requestedfor purposes of inspection to the director or an authorizedrepresentative who presents appropriate credentials, nor obstructor hamper any such person in carrying out the inspection. Ifentry or access is denied, the director may suspend the permitand may seek a suitably restricted search warrant, describing theplace to be searched and showing probable cause in writing andupon written oath or affirmation by the director or an authorizedrepresentative, shall be issued by any circuit judge or associatecircuit judge in the county where the search is to be made.
3. The director shall cause investigations to be made ofall metallic minerals waste management areas in the state ofMissouri. If the investigations show that waste disposal isbeing or is going to be conducted or that a waste management areais being operated without a permit in violation of this law, thedirector shall request the attorney general to file suit in thename of the state of Missouri, for injunction and civil penaltiesnot to exceed one thousand dollars per day from the date of thefiling of such action for each day in addition to any otherremedies provided by law the violation has occurred and continuesto occur as the court may deem proper. A civil monetary penaltyunder this section shall not be assessed for a violation where anadministrative penalty was assessed under section 444.376. Suitmay be filed either in the county where the violation occurs orin the county of Cole if not objected to by the defendant. Anyoffer of settlement to resolve a civil penalty under this sectionshall be in writing, shall state that an action for imposition ofa civil penalty may be initiated by the attorney general or aprosecuting attorney representing the department under authorityof this section, and shall identify any dollar amount as an offerof settlement which shall be negotiated in good faith throughconference, conciliation and persuasion.
4. If the investigation shows that a metallic mineralswaste management area for which a permit has been issued is beingconducted contrary to, or in substantial violation of, anyprovision of sections 444.350 to 444.380, any final orders or anyrule or regulation promulgated pursuant to sections 444.350 to444.380 or any term or condition of any permit issued pursuant tosections 444.350 to 444.380, the director may by conference,conciliation and persuasion endeavor to eliminate the violation.If the violation is not eliminated, the director shall provide tothe operator by registered mail a notice describing the nature ofthe violation, corrective measures to be taken to abate theviolation and the time period for abatement. Within fifteen daysof receipt of this notice the operator may request an informalconference to contest the notice. The director may modify,vacate or enforce the notice and shall provide notice to theoperator of his action within thirty days of the informalconference. If the operator fails to comply with the notice, asamended by the director, in the time prescribed, the directorshall cause to have issued and served upon the person complainedagainst a written notice together with a copy of the formalcomplaint, which shall specify the rule or regulation, conditionsof the permit or the provision of sections 444.350 to 444.380 ofwhich the person is alleged to be in violation, a statement ofthe manner in, and the extent to, which the person is alleged tobe in violation and the penalty to be assessed. The personcomplained against may, within fifteen days of receipt of thecomplaint, request a hearing before the director. Such hearingshall be conducted in accordance with the provisions of section444.377.
5. After due consideration of the hearing record, or uponfailure of the operator to request a hearing by the datespecified in the complaint, the director shall issue and entersuch final order and make such final determination as he deemsappropriate under the circumstances. Included in such order anddetermination may be the revocation of any permit and an order tocease and desist operations. The director shall immediatelynotify the respondent of his decision in writing by certifiedmail.
6. Any final order or determination or other final actionshall be in writing. The director shall not issue any permit toany person who has had a metallic minerals waste managementpermit revoked until the violation that caused the revocation iscorrected to the satisfaction of the director.
7. In the event the director determines that any provisionsof sections 444.350 to 444.380, rules and regulations promulgatedhereunder, permits issued, or any final order or determinationmade by the director is being violated, the director may cause tohave instituted a civil action, either in the county where theviolation occurs or in the county of Cole, if not objected to bythe defendant, for injunctive relief, for collection of the civilpenalty and for forfeiture of bond. At the request of thedirector, the attorney general shall bring such action in thename of the state of Missouri.
8. When, on the basis of any inspection, the director, orany authorized representative of the director, determines thatany condition or practices exist, or that any permittee is inviolation of any requirement of this law, regulation, or anypermit provision, which condition, practice or violation alsocreates an imminent danger to the health or safety of the public,or is causing, or can reasonably be expected to cause,significant, imminent environmental harm to land, air, or waterresources, the director or any authorized representative shallimmediately order a cessation of mining and metallic mineralswaste disposal activity or the portion of such activity relevantto the condition, practice, or violation. Such cessation ordershall remain in effect until the director or any authorizedrepresentative determines that the condition, practice orviolation has been abated, or until modified, vacated, orterminated by the director. Where the director, or anyauthorized representative, finds that the ordered cessation ofmining and metallic minerals waste disposal activity, or anyportion of such activity, will not completely abate the imminentdanger to health or safety of the public or the significantimminent environmental harm to land, air, or water resources, thedirector or authorized agent shall, in addition to the cessationorder, impose affirmative obligations on the operator requiringhim to take whatever steps deemed necessary to abate the imminentdanger or the significant environmental harm.
(L. 1989 H.B. 321 § 11, A.L. 1991 S.B. 45, A.L. 1993 S.B. 80, et al.)