News Release 459

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

Volume 37-459 (For Immediate Release)
Contact: Renee Bungart
573-751-4465

JEFFERSON CITY, MO, DEC. 4, 2009 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission has referred cases involving nine Missouri residents or businesses to the Missouri Attorney General's Office to pursue legal action for violations of Missouri's Air Conservation Law and Regulations.

The commission, at its Dec. 3 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 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 the violators:

Joe Washington, Northeast Ambulance and Fire Protection District, Beverly Hills -- improperly removed and disposed of asbestos--containing floor tile from the district's station house at 7100 Natural Bridge Road. The notice of violation also includes citations for refusing to allow St. Louis County Department of Health inspectors onto the site to investigate the complaint.

7-Eleven Corporation, Dallas, Texas -- committed 141 violations of Stage I and II vapor recovery rules since 1993 at stores throughout the St. Louis non-attainment area, including dispensing fuel illegally from pumps that were tagged out of service; failed to repair and re-inspect damaged vapor recovery components; failed to have required records on hand and available to inspectors; and failed to immediately make repairs to hoses, nozzles, breakaways after "drive aways."

Kevin Rampley, Jackson -- openly burned land clearing debris without a permit and did so within 200 yards of two homes, both of which are in violation of Missouri's open burning regulations. The incident occurred Sept. 18, 2008, on property located at 2320 East Jackson Boulevard in Jackson.

Nelson Brothers Quarries, Jasper -- failed to submit the required annual emissions information to DNR and pay emissions fees for 2008.

Voclave Bevosini, Galena -- openly burned solvent cans, demolition wastes, plastic, paint cans treated wood, furniture, appliances, siding and tires in violation of Missouri's open burning requirements. The incident took place on June 10 on property located at 556 Meadow View Road, Galena.

Jeffrey Hill, Tracy -- openly burned regulated waste material, including electrical ballasts, violation of Missouri's open burning regulations. The incident took place on March 23 on property located at 314 Aller in Tracy.

Cloud Manufacturing LLC, Union -- failed to maintain sufficient records related to the facility's aerosol can puncture and re-work operation, and failed to apply for a construction permit for that operation. The violations were discovered June 5 during a routine air pollution inspection of the company's facility at #10 Williams Drive in Union.

Kevin and Carol Rogers, Raymore -- burned carpet and carpet padding at their Raymore home in violation of the state's open burning requirements. The Rogers had been previously warned against open burning before the July 19 and July 23, 2008, incidents for which they received a notice of violation.

Braking Technologies Inc., County Plant #183-0053, O'Fallon -- failed to submit the required annual emissions information to DNR and pay emissions fees for 2008.

In each of the cases, the department contacted the residents or business owners of these sites multiple times, but has not received an adequate response.

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.

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 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 or unable to cooperate to bring the facilities into compliance and be protective human health and the environment, the department will refer the cases to the Attorney General's Office for legal action.

Additional information about the commission, including supporting documents related to this compliance case, is available on the department's website at 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.

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