Missouri Revised Statutes













Chapter 444

Rights and Duties of Miners and Mine Owners

←444.372

Section 444.375.1

444.376→

August 28, 2015

Inspections, investigations, director to perform--civil penalties authorized, procedures--emergency situations, powers of director.

444.375. 1. The director shall cause investigations to be made to

determine compliance with sections 444.350 to 444.380 and the permits issued

pursuant to sections 444.350 to 444.380.



2. The director and authorized representatives of the director may at

all normal working times enter upon any metallic minerals waste management

area for the purpose of inspection to determine whether the provisions of

sections 444.350 to 444.380 have been complied with. No person shall refuse

entry requested for purposes of inspection to the director or an authorized

representative who presents appropriate credentials, nor obstruct or hamper

any such person in carrying out the inspection. If entry or access is

denied, the director may suspend the permit and may seek a suitably

restricted search warrant, describing the place to be searched and showing

probable cause in writing and upon written oath or affirmation by the

director or an authorized representative, shall be issued by any circuit

judge or associate circuit judge in the county where the search is to be made.



3. The director shall cause investigations to be made of all metallic

minerals waste management areas in the state of Missouri. If the

investigations show that waste disposal is being or is going to be conducted

or that a waste management area is being operated without a permit in

violation of this law, the director shall request the attorney general to

file suit in the name of the state of Missouri, for injunction and civil

penalties not to exceed one thousand dollars per day from the date of the

filing of such action for each day in addition to any other remedies provided

by law the violation has occurred and continues to occur as the court may deem

proper. A civil monetary penalty under this section shall not be assessed

for a violation where an administrative penalty was assessed under section

444.376. Suit may be filed either in the county where the violation occurs

or in the county of Cole if not objected to by the defendant. 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 or a prosecuting attorney representing the department

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.



4. If the investigation shows that a metallic minerals waste management

area for which a permit has been issued is being conducted contrary to, or in

substantial violation of, any provision of sections 444.350 to 444.380, any

final orders or any rule or regulation promulgated pursuant to sections

444.350 to 444.380 or any term or condition of any permit issued pursuant to

sections 444.350 to 444.380, the director may by conference, conciliation and

persuasion endeavor to eliminate the violation. If the violation is not

eliminated, the director shall provide to the operator by registered mail a

notice describing the nature of the violation, corrective measures to be

taken to abate the violation and the time period for abatement. Within

fifteen days of receipt of this notice the operator may request an informal

conference to contest the notice. The director may modify, vacate or enforce

the notice and shall provide notice to the operator of his action within

thirty days of the informal conference. If the operator fails to comply with

the notice, as amended by the director, in the time prescribed, the director

shall cause to have issued and served upon the person complained against a

written notice together with a copy of the formal complaint, which shall

specify the rule or regulation, conditions of the permit or the provision of

sections 444.350 to 444.380 of which the person is alleged to be in

violation, a statement of the manner in, and the extent to, which the person

is alleged to be in violation and the penalty to be assessed. The person

complained against may, within fifteen days of receipt of the complaint,

request a hearing before the director. Such hearing shall be conducted in

accordance with the provisions of section 444.377.



5. After due consideration of the hearing record, or upon failure of the

operator to request a hearing by the date specified in the complaint, the

director shall issue and enter such final order and make such final

determination as he deems appropriate under the circumstances. Included in

such order and determination may be the revocation of any permit and an order

to cease and desist operations. The director shall immediately notify the

respondent of his decision in writing by certified mail.



6. Any final order or determination or other final action shall be in

writing. The director shall not issue any permit to any person who has had a

metallic minerals waste management permit revoked until the violation that

caused the revocation is corrected to the satisfaction of the director.



7. In the event the director determines that any provisions of sections

444.350 to 444.380, rules and regulations promulgated hereunder, permits

issued, or any final order or determination made by the director is being

violated, the director may cause to have instituted a civil action, either in

the county where the violation occurs or in the county of Cole, if not

objected to by the defendant, for injunctive relief, for collection of the

civil penalty and for forfeiture of bond. At the request of the director, the

attorney general shall bring such action in the name of the state of Missouri.



8. When, on the basis of any inspection, the director, or any authorized

representative of the director, determines that any condition or practices

exist, or that any permittee is in violation of any requirement of this law,

regulation, or any permit provision, which condition, practice or violation

also creates an imminent danger to the health or safety of the public, or is

causing, or can reasonably be expected to cause, significant, imminent

environmental harm to land, air, or water resources, the director or any

authorized representative shall immediately order a cessation of mining and

metallic minerals waste disposal activity or the portion of such activity

relevant to the condition, practice, or violation. Such cessation order

shall remain in effect until the director or any authorized representative

determines that the condition, practice or violation has been abated, or

until modified, vacated, or terminated by the director. Where the director,

or any authorized representative, finds that the ordered cessation of mining

and metallic minerals waste disposal activity, or any portion of such

activity, will not completely abate the imminent danger to health or safety

of the public or the significant imminent environmental harm to land, air, or

water resources, the director or authorized agent shall, in addition to the

cessation order, impose affirmative obligations on the operator requiring him

to take whatever steps deemed necessary to abate the imminent danger or the

significant environmental harm.



(L. 1989 H.B. 321 § 11, A.L. 1991 S.B. 45, A.L. 1993 S.B. 80, et al.)







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