260.235. Hearing, when, procedure--review, how--injunction based on seriousness of threat to environment--performance bond required, forfeited, when.
Hearing, when, procedure--review, how--injunction based onseriousness of threat to environment--performance bond required,forfeited, when.
260.235. 1. Any person aggrieved by a forfeiture of any financialassurance instrument, civil or administrative penalty or denial, suspensionor revocation of a permit required by section 260.205 or a modification toa permit issued under section 260.205 or any disapproval of the planrequired by section 260.220, may within thirty days of notice of suchaction request a hearing. The notice of the department shall be effectedby certified mail and shall set forth the reasons for such forfeiture,disapproval, denial, suspension, civil penalty or revocation. Thedepartment may seek an injunction in the circuit court in which thefacility is located requiring the facility for which the transfer ofownership has been denied, or the permit or modification of the permit hasbeen denied, suspended or revoked, to cease operations from the dateordered by the court until such time as the appeal is resolved or obtain aperformance bond in the amount and manner as prescribed by rule. Thedepartment's action seeking an injunction shall be based on the seriousnessof the threat to the environment which continued operation of the facilityposes. The bond shall remain in place until the appeal is resolved. Ifthe department's decision is upheld, the bond shall be forfeited and placedin a separate subaccount of the solid waste management fund.
2. The hearing shall be conducted by the director or his designatedrepresentative in accordance with the procedures set forth in sections536.070, 536.073, 536.077, 536.080, and 536.090, RSMo. The decision of thedepartment shall become final thirty days after delivery or certifiedmailing of a copy of it to the person. Such decisions may be appealed tothe administrative hearing commission pursuant to sections 536.063 to536.095, RSMo, and shall be subject to judicial review of a final decisionas provided in sections 536.100 to 536.140, RSMo.
(L. 1972 S.B. 387 § 8, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112)