644.076. Unlawful acts prohibited--false statements and negligent acts prohibited--penalties--exception.
Unlawful acts prohibited--false statements and negligent actsprohibited--penalties--exception.
644.076. 1. It is unlawful for any person to cause or permit anydischarge of water contaminants from any water contaminant or point sourcelocated in Missouri in violation of sections 644.006 to 644.141, or anystandard, rule or regulation promulgated by the commission. In the eventthe commission or the director determines that any provision of sections644.006 to 644.141 or standard, rules, limitations or regulationspromulgated pursuant thereto, or permits issued by, or any final abatementorder, other order, or determination made by the commission or thedirector, or any filing requirement pursuant to sections 644.006 to 644.141or any other provision which this state is required to enforce pursuant toany federal water pollution control act, is being, was, or is in imminentdanger of being violated, the commission or director may cause to haveinstituted a civil action in any court of competent jurisdiction for theinjunctive relief to prevent any such violation or further violation or forthe assessment of a penalty not to exceed ten thousand dollars per day foreach day, or part thereof, the violation occurred and continues to occur,or both, as the court deems proper. A civil monetary penalty pursuant tothis section shall not be assessed for a violation where an administrativepenalty was assessed pursuant to section 644.079. The commission, thechair of a watershed district's board of trustees created under section249.1150, RSMo, or the director may request either the attorney general ora prosecuting attorney to bring any action authorized in this section inthe name of the people of the state of Missouri. Suit may be brought inany county where the defendant's principal place of business is located orwhere the water contaminant or point source is located or was located atthe time the violation occurred. Any offer of settlement to resolve acivil penalty pursuant to this section shall be in writing, shall statethat an action for imposition of a civil penalty may be initiated by theattorney general or a prosecuting attorney representing the departmentpursuant to this section, and shall identify any dollar amount as an offerof settlement which shall be negotiated in good faith through conference,conciliation and persuasion.
2. Any person who knowingly makes any false statement, representationor certification in any application, record, report, plan, or otherdocument filed or required to be maintained pursuant to sections 644.006 to644.141 or who falsifies, tampers with, or knowingly renders inaccurate anymonitoring device or method required to be maintained pursuant to sections644.006 to 644.141 shall, upon conviction, be punished by a fine of notmore than ten thousand dollars, or by imprisonment for not more than sixmonths, or by both.
3. Any person who willfully or negligently commits any violation setforth pursuant to subsection 1 of this section shall, upon conviction, bepunished by a fine of not less than two thousand five hundred dollars normore than twenty-five thousand dollars per day of violation, or byimprisonment for not more than one year, or both. Second and successiveconvictions for violation of the same provision of this section by anyperson shall be punished by a fine of not more than fifty thousand dollarsper day of violation, or by imprisonment for not more than two years, orboth.
4. The liabilities which shall be imposed pursuant to any provisionof sections 644.006 to 644.141 upon persons violating the provisions ofsections 644.006 to 644.141 or any standard, rule, limitation, orregulation adopted pursuant thereto shall not be imposed due to anyviolation caused by an act of God, war, strike, riot, or other catastrophe.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1993 S.B. 80, et al., A.L. 2000 S.B. 741, A.L. 2004 H.B. 1433, A.L. 2005 H.B. 58 merged with H.B. 617)*Transferred 1986; formerly 204.076
(1978) Held, discharging water with a low oxygen level does not constitute either "pollution" or "contamination" since both require the addition of contaminants or pollutants. State ex rel. Ashcroft v. Union Electric Co. (A.), 559 S.W.2d 216.