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

For more information: 573-751-1010
Volume 37-406 For Immediate Release: Oct. 29, 2009

JEFFERSON CITY, MO. -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission today referred three Missouri businesses to the Missouri Attorney General's Office to pursue legal action 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 Oct. 29 meeting in Springfield, 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:

Clifton Farms & Excavating, Perryville -- failed to conduct an asbestos inspection and provide notice of demolition projects in Perryville.

Hitesch Patel, Nights Inn and Suites, Blue Springs -- failed to conduct an asbestos inspection prior to the initiation of renovation activities and failed to provide notice of a demolition project at Nights Inn and Suites in Blue Springs.

Jim Michael Excavating, Lee's Summit -- failed to provide notice of demolition of a project at former Hardee's Restaurant located at 900 Northeast Langsford in Lee's Summit.

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.