News Release 437

Missouri Air Conservation Commission refers two cases to attorney general for enforcement action

Volume 38-437 (For Immediate Release)
Contact: Larry Archer
573-751-3807

JEFFERSON CITY, MO, AUG. 2, 2010 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission referred two cases to the Missouri Attorney General's Office to pursue legal action for violations of Missouri's Air Conservation Law.

The commission, at its July 28 meeting in Lake Ozark, voted to refer the cases to the attorney general's office to compel compliance and to seek an appropriate civil penalty for the violations.

The following entities refused to take appropriate responsibility for their violations and would not negotiate reasonable settlements with the department. The department had no recourse but to ask the attorney general to take legal action against the violators:

Ray's Furniture Restoration, St. Louis – Failed to submit its 2008 Emissions Inventory Questionnaire. Emissions Inventory Questionnaires are a required part of Missouri’s Air Conservation Law and help the department track potentially harmful emissions from certain facilities.

Tim Ward, Windsor – Violated Missouri’s open burning restrictions by burning construction materials. The department found evidence on Ward’s property of burned particle board, lumber, insulation, Masonite panels and vinyl sheet flooring. The open burning of certain trade wastes and tires is prohibited because the toxic emissions that can be released are harmful to human health.

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

Missouri's Air Conservation Law exists to protect public and environmental health and the department is responsible for enforcing the law and regulations.

The department’s enforcement actions help protect public health and the environment by requiring facilities to achieve and maintain compliance. The main goal in any enforcement action is to work with a facility to successfully achieve compliance with regulatory standards and then ensure it has the tools to remain in compliance.  As part of that process, penalties may be assessed to ensure future compliance by removing the economic benefit of continued noncompliance.

The department strives to work with owners and operators to fix problems before an issue is referred. In situations where the responsible party is unwilling or unable to cooperate to bring the facility into compliance and be protective of human health and the environment, the department will refer the case.

Additional information about the commission, including supporting documents related to these compliance cases, 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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