260.425. Violations, how punished.
Violations, how punished.
260.425. 1. It is unlawful for any person to cause orpermit any acts or hazardous waste management practices whichviolate sections 260.350 to 260.430 or any standard, rule orregulation, order or license or permit term or condition adoptedor issued hereunder. In the event the commission or thedepartment determines that any provision of sections 260.350 to260.430 or any standard, rule or regulation, order ordetermination, or license or permit term or condition adopted orissued hereunder by the commission or the department, or anyfiling requirement under sections 260.350 to 260.430 or anyprovision which this state is required to enforce under anyfederal hazardous waste management act, is being, was, or is inimminent danger of being violated, the commission or departmentmay, in addition to other remedies under sections 260.350 to260.430, cause to have instituted a civil action in any court ofcompetent jurisdiction for injunctive relief to prevent any suchviolation or further violation or for the assessment of a civilpenalty not to exceed ten thousand dollars per day for each day,or part thereof, the violation occurred and continues to occur,or both, as the court deems proper. A civil monetary penaltyunder this section shall not be assessed for a violation where anadministrative penalty was assessed under section 260.412. Thecommission or the department may request either the attorneygeneral or a prosecuting attorney to bring any action authorizedin this section in the name of the people of the state ofMissouri. Suit may be brought in any county where thedefendant's principal place of business is located or was locatedat the time the violation occurred, or has or may cause injury orthreat to the health of humans or the environment. Any offer ofsettlement to resolve a civil penalty under this section shall bein writing, shall state that an action for imposition of a civilpenalty may be initiated by the attorney general or a prosecutingattorney representing the department under authority of thissection, and shall identify any dollar amount as an offer ofsettlement which shall be negotiated in good faith throughconference, conciliation and persuasion.
2. Moneys received pursuant to this section which are notrequired by article IX, section 7, of the constitution to bedistributed to schools shall be deposited in the hazardous wastefund created in section 260.391.
3. Any person who knowingly:
(1) Transports any hazardous waste to a facility which isnot authorized to receive such waste pursuant to sections 260.350to 260.430 or permits or causes any other hazardous wastetransportation practice in violation of any provision of sections260.350 to 260.430;
(2) Treats, stores or disposes of any hazardous wasteeither:
(a) Without authorization to do so pursuant to sections260.350 to 260.430; or
(b) In knowing violation of any material condition orrequirement of such authorization; or
(c) In violation of any provision of sections 260.350 to260.430;
(3) Makes any false material statement, representation orcertification in any application, label, permit, record, report,manifest or other document filed, maintained, or required to bemaintained under sections 260.350 to 260.430;
(4) Falsifies, tampers with, or renders inaccurate anymonitoring device or result therefrom used, filed, maintained, orrequired to be maintained under sections 260.350 to 260.430;
(5) Generates, treats, stores, transports, disposes of orotherwise handles any hazardous waste, and who in connectiontherewith knowingly destroys, alters or conceals any recordrequired to be maintained pursuant to sections 260.350 to260.430; or
(6) Owns, maintains or operates any hazardous wastedisposal facility in a manner which permits any acts or hazardouswaste management practices in violation of sections 260.350 to260.430, shall, upon conviction, be punished by a fine of notless than twenty-five hundred dollars nor more than twenty-fivethousand dollars for each day of violation, or by confinement inthe county jail for not more than one year, or by both such fineand confinement. Second and successive convictions for violationof this section shall be punished by a fine of not less than fivethousand dollars nor more than fifty thousand dollars for eachday of violation, or by imprisonment for not less than ten years,or by both such fine and imprisonment.
4. Whenever the director or his designee observes or hasreason to believe any such person is violating or has violatedthe provisions of sections 260.350 to 260.430 relating tohazardous waste facilities, the director or his designee mayrequest the sheriff or deputy sheriff of the county where thehazardous waste facility is located, or any law enforcementofficer otherwise authorized by law to issue a summons, to makeinvestigation. If the officer views any violation of sections260.350 to 260.430 or has probable cause to believe any violationof sections 260.350 to 260.430 is occurring or has occurred, heshall issue to the owner or operator a summons, in lieu ofarrest, which shall state the nature of any alleged violationsand shall command the owner or operator to appear in circuitcourt, associate division, at a stated time and place in answerthereto. If the owner or operator shall fail to appear ascommanded by the summons, a warrant of arrest shall be issued.
5. In addition to the authority granted to it under chapter43, RSMo, the Missouri state highway patrol, any of its officers,or any other law enforcement officer, who has probable cause tobelieve that such a violation of sections 260.350 to 260.430 hasbeen committed may detain any equipment involved in the violationand arrest the person controlling or operating such equipment.Any such officer shall also notify the department or the Missouripublic service commission as soon as practicable, which shall, inaddition, take whatever civil action they determine is necessaryto correct or eliminate such violation or any threat to thehealth of humans or the environment. It shall be the duty of theMissouri state highway patrol as it pertains to highway use, andall other officers of the state of Missouri charged withenforcement of criminal law, to further the purposes of sections260.350 to 260.430 and to render and furnish to the departmentwhen requested all information and assistance in their possessionand in their power.
6. The liabilities which shall be imposed pursuant to anyprovision of sections 260.350 to 260.430 upon persons violatingthe provisions of sections 260.350 to 260.430 or any standard,rule or regulation, or license or permit term or conditionadopted or issued hereunder shall not be imposed for anyviolation caused by a strike or an act of God, war, riot or othercatastrophe.
7. No provision of sections 260.350 to 260.430 shall beconstrued to limit any action at law or in equity from beingbrought by any person or political subdivision aggrieved by anyviolation of sections 260.350 to 260.430 nor shall any provisionbe construed to prohibit any person from exercising otherwiseexisting rights to suppress nuisances.
(L. 1977 H.B. 318 § 16, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1983 H.B. 528, A.L. 1993 S.B. 80, et al.)