Missouri Revised Statutes













Chapter 644

Water Pollution

←644.055

Section 644.056.1

644.057→

August 28, 2015

Investigations, when--misrepresentation or failure to disclose a violation, when--abatement orders, when--permits terminated, when--hearings--appeals.

644.056. 1. The director shall cause investigations to be made upon

the request of the commission or upon receipt of information concerning

alleged violations of sections 644.006 to 644.141 or any standard,

limitation, order, rule or regulation promulgated pursuant thereto, or any

term or condition of any permit and may cause to be made any other

investigations he or she deems advisable. Violations shall include

obtaining a permit by misrepresentation or failure to fully disclose all

relevant facts.



2. If, in the opinion of the director, the investigation discloses

that a violation does exist, the director may, by conference, conciliation

or persuasion, endeavor to eliminate the violation.



3. In case of the failure by conference, conciliation or persuasion

to correct or remedy any claimed violation, or as required to immediately

and effectively halt or eliminate any imminent or substantial endangerments

to the health or welfare of persons resulting from the discharge of

pollutants, the director may order abatement or request legal action by the

attorney general. When the director files a complaint, the commission

shall order a hearing. The director shall cause to have issued and served

upon the person complained against a written notice of the order or

complaint, together with a copy of the order or complaint, which shall

specify the provision of sections 644.006 to 644.141 or the standard, rule,

limitation, or regulation adopted pursuant thereto, or the condition of the

permit of which the person is alleged to be in violation, and a statement

of the manner in which and the extent to which the person is alleged to

violate sections 644.006 to 644.141 or the standard, rule, limitation, or

regulation, or condition of the permit. In any case involving a complaint,

the commission shall require the person complained against to answer the

charges of the formal complaint at a hearing before the commission at a

time not less than thirty days after the date of notice. Service may be

made upon any person within or without the state by registered mail, return

receipt requested. Any person against whom the director issues an order

may appeal the order to the commission within thirty days and the appeal

shall stay the enforcement of the order until final determination by the

commission. The commission shall set appeals for a hearing at a time not

less than thirty days after the date of the request. The commission may

sustain, reverse, or modify the director's order or may make such other

orders as the commission deems appropriate under the circumstances. If any

order issued by the director is not appealed within the time provided in

this section, the order becomes final and may be enforced as provided in

section 644.076. When the commission schedules a matter for hearing, the

petitioner on appeal or the respondent to a formal complaint may appear at

the hearing in person or by counsel, and may make oral argument, offer

testimony and evidence, and cross-examine witnesses. After due

consideration of the record, or upon default in appearance of the

respondent on the return day specified in the notice given as provided in

this subsection, the commission shall issue and enter such final order, or

make such final determination as it deems appropriate under the

circumstances, and it shall immediately notify the petitioner or respondent

thereof in writing by certified or registered mail.



4. Permits may be revoked, terminated, or modified if obtained in

violation of sections 644.006 to 644.141 or by misrepresentation or failing

to fully disclose all relevant facts, or when required to prevent

violations of any provision of sections 644.006 to 644.141, or to protect

the waters of this state, when such action is required by a change in

conditions or the existence of a condition which requires either a

temporary or permanent reduction or elimination of the authorized

discharge, subject to the right of appeal contained in sections 621.250 and

640.013.



5. Whenever a permit under this chapter is revoked, terminated, or

modified by the department of natural resources, the applicant, by petition

filed with the administrative hearing commission within thirty days of the

decision, may appeal such decision as provided by sections 621.250 and

640.013. Once the administrative hearing commission has reviewed the

appeal, the administrative hearing commission shall issue a recommended

decision to the commission on permit revocation, termination, or

modification. The commission shall issue its own decision, based on the

appeal, for permit revocation, termination, or modification. If the

commission changes a finding of fact or conclusion of law made by the

administrative hearing commission, or modifies or vacates the decision

recommended by the administrative hearing commission, it shall issue its

own decision, which shall include findings of fact and conclusions of law.

The commission shall mail copies of its final decision to the parties to

the appeal or their counsel of record. The commission's decision shall be

subject to judicial review pursuant to chapter 536, except that the court

of appeals district with territorial jurisdiction coextensive with the

county where the point source is located or is to be located shall have

original jurisdiction. No judicial review shall be available until and

unless all administrative remedies are exhausted.



(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741,

A.L. 2015 H.B. 92)



*Transferred 1986; formerly 204.056





2000



2000



644.056. 1. The director shall cause investigations to be made upon the

request of the commission or upon receipt of information concerning alleged

violations of sections 644.006 to 644.141 or any standard, limitation, order,

rule or regulation promulgated pursuant thereto, or any term or condition of

any permit and may cause to be made any other investigations he or she deems

advisable. Violations shall include obtaining a permit by misrepresentation

or failure to fully disclose all relevant facts.



2. If, in the opinion of the director, the investigation discloses that

a violation does exist, the director may, by conference, conciliation or

persuasion, endeavor to eliminate the violation.



3. In case of the failure by conference, conciliation or persuasion to

correct or remedy any claimed violation, or as required to immediately and

effectively halt or eliminate any imminent or substantial endangerments to

the health or welfare of persons resulting from the discharge of pollutants,

the director shall order abatement or file an abatement complaint with the

commission if no permit has been issued, or in addition may file a complaint

to revoke a permit if such permit has been issued. When the director files a

complaint, the commission shall order a hearing. The director shall cause to

have issued and served upon the person complained against a written notice of

the order or complaint, together with a copy of the order or complaint, which

shall specify the provision of sections 644.006 to 644.141 or the standard,

rule, limitation, or regulation adopted pursuant thereto, or the condition of

the permit of which the person is alleged to be in violation, and a statement

of the manner in which and the extent to which the person is alleged to

violate sections 644.006 to 644.141 or the standard, rule, limitation, or

regulation, or condition of the permit. In any case involving a complaint,

the commission shall require the person complained against to answer the

charges of the formal complaint at a hearing before the commission at a time

not less than thirty days after the date of notice. Service may be made upon

any person within or without the state by registered mail, return receipt

requested. Any person against whom the director issues an order may appeal

the order to the commission within thirty days and the appeal shall stay the

enforcement of the order until final determination by the commission. The

commission shall set appeals for a hearing at a time not less than thirty

days after the date of the request. The commission may sustain, reverse, or

modify the director's order or may make such other orders as the commission

deems appropriate under the circumstances. If any order issued by the

director is not appealed within the time provided in this section, the order

becomes final and may be enforced as provided in section 644.076.



4. Permits may be terminated or modified if obtained in violation of

sections 644.006 to 644.141 or by misrepresentation or failing to fully

disclose all relevant facts, or when required to prevent violations of any

provision of sections 644.006 to 644.141, or to protect the waters of this

state, when such action is required by a change in conditions or the

existence of a condition which requires either a temporary or permanent

reduction or elimination of the authorized discharge, subject to the right of

appeal contained in this section.



5. When the commission schedules a matter for hearing, the petitioner on

appeal or the respondent to a formal complaint may appear at the hearing in

person or by counsel, and may make oral argument, offer testimony and

evidence, and cross-examine witnesses.



6. After due consideration of the record, or upon default in appearance

of the respondent on the return day specified in the notice given as provided

in subsection 3, the commission shall issue and enter such final order, or

make such final determination as it deems appropriate under the

circumstances, and it shall immediately notify the petitioner or respondent

thereof in writing by certified or registered mail.



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