Missouri Revised Statutes
Chapter 644
Water Pollution
←644.071
Section 644.076.1
644.079→
August 28, 2015
Unlawful acts prohibited--false statements and negligent acts prohibited--penalties--exception.
644.076. 1. It is unlawful for any person to cause or permit any
discharge of water contaminants from any water contaminant or point source
located in Missouri in violation of sections 644.006 to 644.141, or any
standard, rule or regulation promulgated by the commission. In the event the
commission or the director determines that any provision of sections 644.006
to 644.141 or standard, rules, limitations or regulations promulgated
pursuant thereto, or permits issued by, or any final abatement order, other
order, or determination made by the commission or the director, or any filing
requirement pursuant to sections 644.006 to 644.141 or any other provision
which this state is required to enforce pursuant to any federal water
pollution control act, is being, was, or is in imminent danger of being
violated, the commission or director may cause to have instituted a civil
action in any court of competent jurisdiction for the injunctive relief to
prevent any such violation or further violation or for the assessment of a
penalty not to exceed ten thousand dollars per day for each day, or part
thereof, the violation occurred and continues to occur, or both, as the court
deems proper. A civil monetary penalty pursuant to this section shall not be
assessed for a violation where an administrative penalty was assessed
pursuant to section 644.079. The commission, the chair of a watershed
district's board of trustees created under section 249.1150, or the director
may request either the attorney general or a prosecuting attorney to bring
any action authorized in this section in the name of the people of the state
of Missouri. Suit may be brought in any county where the defendant's principal
place of business is located or where the water contaminant or point source
is located or was located at the time the violation occurred. Any offer of
settlement to resolve a civil penalty pursuant to this section shall be in
writing, shall state that an action for imposition of a civil penalty may be
initiated by the attorney general or a prosecuting attorney representing the
department pursuant to this section, and shall identify any dollar amount as
an offer of settlement which shall be negotiated in good faith through
conference, conciliation and persuasion.
2. Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan, or other document
filed or required to be maintained pursuant to sections 644.006 to 644.141 or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required to be maintained pursuant to sections 644.006 to
644.141 shall, upon conviction, be punished by a fine of not more than ten
thousand dollars, or by imprisonment for not more than six months, or by both.
3. Any person who willfully or negligently commits any violation set
forth pursuant to subsection 1 of this section shall, upon conviction, be
punished by a fine of not less than two thousand five hundred dollars nor
more than twenty-five thousand dollars per day of violation, or by
imprisonment for not more than one year, or both. Second and successive
convictions for violation of the same provision of this section by any person
shall be punished by a fine of not more than fifty thousand dollars per day
of violation, or by imprisonment for not more than two years, or both.
4. The liabilities which shall be imposed pursuant to any provision of
sections 644.006 to 644.141 upon persons violating the provisions of sections
644.006 to 644.141 or any standard, rule, limitation, or regulation adopted
pursuant thereto shall not be imposed due to any violation 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
2004
2000
2004
644.076. 1. It is unlawful for any person to cause or permit any
discharge of water contaminants from any water contaminant or point source
located in Missouri in violation of sections 644.006 to 644.141, or any
standard, rule or regulation promulgated by the commission. In the event
the commission or the director determines that any provision of sections
644.006 to 644.141 or standard, rules, limitations or regulations
promulgated pursuant thereto, or permits issued by, or any final abatement
order, other order, or determination made by the commission or the
director, or any filing requirement pursuant to sections 644.006 to 644.141
or any other provision which this state is required to enforce pursuant to
any federal water pollution control act, is being, was, or is in imminent
danger of being violated, the commission or director may cause to have
instituted a civil action in any court of competent jurisdiction for the
injunctive relief to prevent any such violation or further violation or for
the assessment of a penalty not to exceed ten thousand dollars per day for
each day, or part thereof, the violation occurred and continues to occur,
or both, as the court deems proper. A civil monetary penalty pursuant to
this section shall not be assessed for a violation where an administrative
penalty was assessed pursuant to section 644.079. The commission, the
chair of a watershed district's board of trustees created under section
249.1150 or 249.1152, or the director may request either the attorney
general or a prosecuting attorney to bring any action authorized in this
section in the name of the people of the state of Missouri. Suit may be
brought in any county where the defendant's principal place of business is
located or where the water contaminant or point source is located or was
located at the time the violation occurred. Any offer of settlement to
resolve a civil penalty pursuant to this section shall be in writing, shall
state that an action for imposition of a civil penalty may be initiated by
the attorney general or a prosecuting attorney representing the department
pursuant to this section, and shall identify any dollar amount as an offer
of settlement which shall be negotiated in good faith through conference,
conciliation and persuasion.
2. Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to sections 644.006 to
644.141 or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required to be maintained pursuant to sections
644.006 to 644.141 shall, upon conviction, be punished by a fine of not
more than ten thousand dollars, or by imprisonment for not more than six
months, or by both.
3. Any person who willfully or negligently commits any violation set
forth pursuant to subsection 1 of this section shall, upon conviction, be
punished by a fine of not less than two thousand five hundred dollars nor
more than twenty-five thousand dollars per day of violation, or by
imprisonment for not more than one year, or both. Second and successive
convictions for violation of the same provision of this section by any
person shall be punished by a fine of not more than fifty thousand dollars
per day of violation, or by imprisonment for not more than two years, or
both.
4. The liabilities which shall be imposed pursuant to any provision
of sections 644.006 to 644.141 upon persons violating the provisions of
sections 644.006 to 644.141 or any standard, rule, limitation, or
regulation adopted pursuant thereto shall not be imposed due to any
violation caused by an act of God, war, strike, riot, or other catastrophe.
2000
644.076. 1. It is unlawful for any person to cause or permit any
discharge of water contaminants from any water contaminant or point source
located in Missouri in violation of sections 644.006 to 644.141, or any
standard, rule or regulation promulgated by the commission. In the event
the commission or the director determines that any provision of sections
644.006 to 644.141 or standard, rules, limitations or regulations
promulgated pursuant thereto, or permits issued by, or any final abatement
order, other order, or determination made by the commission or the
director, or any filing requirement pursuant to sections 644.006 to 644.141
or any other provision which this state is required to enforce pursuant to
any federal water pollution control act, is being, was, or is in imminent
danger of being violated, the commission or director may cause to have
instituted a civil action in any court of competent jurisdiction for the
injunctive relief to prevent any such violation or further violation or for
the assessment of a penalty not to exceed ten thousand dollars per day for
each day, or part thereof, the violation occurred and continues to occur,
or both, as the court deems proper. A civil monetary penalty pursuant to
this section shall not be assessed for a violation where an administrative
penalty was assessed pursuant to section 644.079. The commission or the
director may request either the attorney general or a prosecuting attorney
to bring any action authorized in this section in the name of the people of
the state of Missouri. Suit may be brought in any county where the
defendant's principal place of business is located or where the water
contaminant or point source is located or was located at the time the
violation occurred. Any offer of settlement to resolve a civil penalty
pursuant to this section shall be in writing, shall state that an action
for imposition of a civil penalty may be initiated by the attorney general
or a prosecuting attorney representing the department pursuant to this
section, and shall identify any dollar amount as an offer of settlement
which shall be negotiated in good faith through conference, conciliation
and persuasion.
2. Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to sections 644.006 to
644.141 or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required to be maintained pursuant to sections
644.006 to 644.141 shall, upon conviction, be punished by a fine of not
more than ten thousand dollars, or by imprisonment for not more than six
months, or by both.
3. Any person who willfully or negligently commits any violation set
forth pursuant to subsection 1 of this section shall, upon conviction, be
punished by a fine of not less than two thousand five hundred dollars nor
more than twenty-five thousand dollars per day of violation, or by
imprisonment for not more than one year, or both. Second and successive
convictions for violation of the same provision of this section by any
person shall be punished by a fine of not more than fifty thousand dollars
per day of violation, or by imprisonment for not more than two years, or
both.
4. The liabilities which shall be imposed pursuant to any provision
of sections 644.006 to 644.141 upon persons violating the provisions of
sections 644.006 to 644.141 or any standard, rule, limitation, or
regulation adopted pursuant thereto shall not be imposed due to any
violation caused by an act of God, war, strike, riot, or other catastrophe.
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