News Release 034

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

Volume 38-034 (For Immediate Release)
Contact: Larry Archer
573-751-3807

JEFFERSON CITY, MO, JAN. 29, 2010 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission referred three cases 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 Jan. 28 meeting in Jefferson City, voted to refer the cases to the attorney general to compel compliance and to seek an appropriate civil penalty for violations at the site.

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.

Therefore, the department had no recourse but to ask the attorney general to take legal action against the violators:

David Turner, Urich -- failed to perform asbestos inspections and submit notification prior to the demolition of a regulated structure located at 213 Main St. The department issued a notice of violation on July 1, 2009. The notice also included citations for improperly removing and disposing of waste such as tires, furniture and asphalt roofing through open burning.

Robert Collins Contracting, St. Louis -- failed to perform asbestos inspections and submit notification to the St. Louis Air Pollution Control Program prior to the demolition of a regulated structure located at 5286-5298 Page Blvd. The department issued a notice of violation on June 24, 2009. The notice also included citations for failure to properly control fugitive particulate matter or dust emissions during the demolition.

Valero, Raytown -- failed to perform the required two-year bench test for the pressure-vacuum valves at their gasoline dispensing facility located at 5304 Raytown Rd. The department issued the notice of violation issued on Oct. 14. The test ensures the vents are functioning properly to minimize release of gasoline vapors into the air.

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 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 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 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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