256.637. Violations of law, civil and criminal penalties.
Violations of law, civil and criminal penalties.
256.637. 1. Any person who willfully violates any of the provisionsof sections 256.600 to 256.640 is guilty of a class A misdemeanor.
2. In the event of a continuing violation, each day that theviolation continues shall constitute a separate and distinct offense.
3. Any person who willfully obstructs, hinders or prevents agents ofthe division in the performance of the duties imposed on them by sections256.600 to 256.640 is guilty of a class A misdemeanor.
4. Any well owner who knowingly causes or permits a hazardous orpotentially hazardous condition to exist which could cause deterioration ofgroundwater quality in the system, even in a local area, shall forfeit hisright to an approved, certified well. He shall also be liable to legalaction by the state and any neighboring well owners should the conditionendanger the groundwater in surrounding areas. If the division finds thatsuch conditions exist, it shall order the well owner to plug the well.
5. Upon receipt of a complaint filed with the division alleging thatany provision of sections 256.600 to 256.640, or any standard, rule orregulation promulgated thereto was violated, the division may institute acivil action in the jurisdiction where the well is located for injunctiverelief through the office of the prosecuting attorney of the county whereinthe alleged violation occurred to prevent such violation or furtherviolation, or for the assessment of a civil penalty not to exceed fivehundred dollars per day for each day, or part thereof, the violationoccurred and continued to occur, or both, as the court deems proper. Forthe purpose of this section, the filing of a well registration orcertification form containing false information shall constitute aviolation for each day after notification that such form is on file withthe division. Any moneys paid in civil penalties shall be deposited in thegroundwater protection fund.
(L. 1985 S.B. 281 § 13, A.L. 1991 S.B. 221, A.L. 1997 S.B. 342)