Missouri Air Conservation Commission refers five cases to Attorney General for enforcement action

For more information: 573-751-1010
Volume 37-299 For Immediate Release: Sept. 4, 2009

JEFFERSON CITY, MO, -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission has asked the Missouri Attorney General's Office to pursue legal action against five Missouri businesses for violations of Missouri's Air Conservation Law and Regulations.  The Department contacted the business owners of these sites multiple times, but has not received an adequate response.

The commission, at its Aug. 27, meeting in Jefferson City voted to refer the cases to the Attorney General's Office to compel compliance and to seek an appropriate civil penalty for violations at the site.

The Department's enforcement actions help protect human health and the environment by requiring facilities to maintain compliance. The Department's main goal in any enforcement action is to work with a facility to successfully achieve compliance with the standards and then ensure they have the tools to remain in compliance.  As part of that process, penalties may be used as an incentive to ensure future compliance and to remove the economic benefit of continued noncompliance.

The following entities refused to take appropriate responsibility for their violations and would not negotiate reasonable settlements with the Department.  Therefore, the Department had no recourse but to ask the Attorney General's Office to take legal action against:

Bell Cleaners, Gladstone -- is a dry cleaning operation that failed to submit a notification of compliance. The notification of compliance is required by federal regulations for national emission standards for perchloroethylene dry cleaners.

Paseo Amoco, Kansas City -- is a gasoline dispensing facility that failed to conduct required static pressure testing, which provides assurance that the vapor recovery system doesn't leak.

Lidia's Dry Cleaners, Raymore -- is a dry cleaner that failed to monitor and keep appropriate records.  The Department's inspection revealed several violations at the facility.  The facility failed to maintain biweekly inspection logs for perceptible leaks; failed to maintain Perchloroethylene receipts and annual Perchloroethylene consumption logs; and the facility failed to submit the "Notice of Compliance" report to the Department's Air Pollution Control Program and EPA Region VII.

24/7 Environmental Solutions Inc., Independence -- is a Missouri registered asbestos abatement contractor that failed to provide notification of numerous asbestos abatement projects.  The company failed to provide the Department with notice of the abatement of regulated asbestos containing materials from the structures that were part of a demolition notice at least 10 working days prior to the start of the abatement project. Failure to provide this notice is a violation of Missouri State Law and implementing regulations.

Payless Concrete, St. Joseph -- is a concrete batch plant that failed to keep appropriate records.  The Department's inspection determined Payless Concrete failed to maintain, on site, the required daily production records, emission tracking records and its baghouse operating and maintenance logs are required by its construction permit. The company has an extensive history of noncompliance with the Department.

 Missouri's Air Conservation Law and Regulations exist to protect public and environmental health and the Department is responsible for enforcing the law and regulations. Of the thousands of regulated entities in Missouri, the majority are in compliance with the law and regulations.

The Department strives to work with owners and operators to fix problems before the issue is brought to the commission. In situations where the responsible party is unwilling to cooperate to bring the facilities into compliance and be protective of environmental and human health, the Department will refer the cases to the commission.

Additional information about the commission, including supporting documents related to this compliance case, is available on the Department's website at http://www.dnr.mo.gov/env/apcp/macc.htm.  For more information contact the Department's Air Pollution Control Program at 573-751-4817 or call toll-free at 800-361-4827.