444.787. Investigation by commission, attorney general to file suit--formal complaint procedure.
Investigation by commission, attorney general to file suit--formalcomplaint procedure.
444.787. 1. The commission shall investigate surface miningoperations in the state of Missouri. If the investigations show thatsurface mining is being or is going to be conducted without a permit inviolation of sections 444.760 to 444.790 or in violation of any revocationorder, and the commission has not issued a variance, the commission shallrequest the attorney general to file suit in the name of the state ofMissouri for an injunction and civil penalties not to exceed one thousanddollars per day for each day, or part thereof, the violation has occurred.Suit may be filed either in the county where the violation occurs or inCole County.
2. If the investigation shows that a surface mining operation forwhich a permit has been issued is being conducted contrary to or inviolation of any provision of sections 444.760 to 444.790 or any rule orregulation promulgated by the commission or any condition imposed on thepermit or any condition of the bond, the director may by conference,conciliation and persuasion endeavor to eliminate the violation. If theviolation is not eliminated, the director shall provide to the operator byregistered mail a notice describing the nature of the violation, correctivemeasures to be taken to abate the violation, and the time period forabatement. Within fifteen days of receipt of this notice the operator mayrequest an informal conference with the director to contest the notice.The director may modify, vacate or enforce the notice and shall providenotice to the operator of his action within thirty days of the informalconference. If the operator fails to comply with the notice, as amended bythe director, in the time prescribed within the notice, the director shallfile a formal complaint with the commission for suspension or revocation ofthe permit, and for forfeiture of bond, or for appropriate correctivemeasures. When the director files a formal complaint, the commission shallcause to have issued and served upon the person complained against awritten notice together with a copy of the formal complaint, which shallspecify the provision of sections 444.760 to 444.790 or the rule orregulation or the condition of the permit or of the bond of which theperson is alleged to be in violation, a statement of the manner in, and theextent to which, the person is alleged to be in violation. The personcomplained against may, within fifteen days of receipt of the complaint,request a hearing before the commission. Such hearing shall be conductedin accordance with the provisions of section 444.789.
3. After due consideration of the hearing record, or upon failure ofthe operator to request a hearing by the date specified in the complaint,the commission shall issue and enter such final order and make such finaldetermination as it shall deem appropriate under the circumstances.Included in such order and determination may be the revocation of anypermit and to cease and desist operations. The commission shallimmediately notify the respondent of its decision in writing by certifiedmail.
4. Any final order or determination or other final action by thecommission shall be approved in writing by at least four members of thecommission. The commission shall not issue any permit to any person whohas had a permit revoked until the violation that caused the revocation iscorrected to the satisfaction of the commission. Any final order of thecommission can be appealed in accordance with chapter 536, RSMo.
(L. 1990 H.B. 1584, A.L. 1991 S.B. 45, A.L. 2001 H.B. 453)