News Release 516

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

Volume 38-516 (For Immediate Release)
Contact: Larry Archer
573-751-3807

JEFFERSON CITY, MO, SEPT. 2, 2010 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission has 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 Aug. 26 meeting in West Plains, 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:

Kenneth Hall, West Plains – Violated Missouri’s open burning restrictions by burning scrap tires. A notice of violation was issued June 25. Hall has had previous compliance issues with the department, including a notice of violation issued in 2009 for the illegal dumping and burning of scrap tires.

Steve Turner, Waverly – Failed to have a Missouri certified asbestos building inspector perform an asbestos building inspection and failed to provide a demolition notification to the department prior to the demolition of a Lexington building. Turner was the contractor for the demolition. A notice of violation was issued to Turner on March 17.

In each of the cases, the department contacted the residents or business owners 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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