Missouri Revised Statutes













Chapter 640

Department of Natural Resources

←640.128

Section 640.130.1

640.131→

August 28, 2015

Emergencies--actions to be taken--water systems in violation, penalties.

640.130. 1. Whenever the department of natural resources determines that

an emergency exists which endangers or could be expected to endanger the

public health and safety with regard to drinking water supplies, the

department of natural resources may, without notice or hearing, issue an

order reciting the existence of such a condition and requiring the person to

take such action as will lessen or abate the danger. Notwithstanding any

provisions of section 192.320 and sections 640.100 to 640.140, such order

shall be effective immediately.



2. At the request of the department, the attorney general may bring an

injunctive action or other appropriate action in the name of the people of

the state to enforce provisions of section 192.320 and sections 640.100 to

640.140, the rules promulgated pursuant to section 192.320 and sections

640.100 to 640.140 and the orders of the department of natural resources

issued pursuant to section 192.320 and sections 640.100 to 640.140.



3. Whenever the department of natural resources determines that a public

water system is in violation of sections 640.100 to 640.140, or any rules

promulgated pursuant thereunder, the department of natural resources may

issue an administrative order requiring the public water system to comply

with such rule or statute.



4. The court may impose a civil penalty of not more than fifty dollars

per day or part thereof for the first violation of section 192.320 and

sections 640.100 to 640.140; one hundred dollars per day or part thereof for

the second violation and for each violation thereafter, including any order

issued pursuant to this section, or any rules or regulations promulgated

pursuant to sections 640.100 to 640.140. The department shall not seek a

civil monetary penalty under this section for a violation where an

administrative penalty was assessed and collected. Any offer of settlement

to resolve a civil penalty under this section shall be in writing, shall

state that an action for imposition of a civil penalty may be initiated by

the attorney general under authority of 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.



5. Any person aggrieved by an emergency order may appeal within thirty

days after the issuance of the order to the circuit court of the county in

which the public water system is located or if the public water system is

located in more than one county, to the circuit court of any such county.

The circuit court shall within ten days after the filing of the appeal hear

the cause and determine the same.



(L. 1978 S.B. 509 § 192.210, A.L. 1981 S.B. 204, A.L. 1998 H.B. 1161)



Effective 6-9-98







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