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
Top
Missouri General Assembly
Copyright © Missouri Legislature, all rights reserved.