Effective 28 Aug 1993

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

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