News Release 186

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

Volume 38-186 (For Immediate Release)
Contact: Larry Archer
573-751-3807

JEFFERSON CITY, MO, APRIL 1, 2010 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission referred cases involving seven 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 March 25 meeting in Cape Girardeau, 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. Therefore, the department had no recourse but to ask the attorney general to take legal action against the violators:

Biltbest Windows Corporation, St. Genevieve – failed to submit its 2008 Annual Compliance Certification. The certification was due by April 1, 2009. A notice of violation was issued on July 30.

Little Joe’s Bar & Grill, Fredericktown – failed to perform an asbestos inspection and was in the process of open burning demolition waste of a regulated structure located at 1377 Hwy OO.   The notice of violation issued on Aug. 7 also repealed a settlement agreement with the owners of the facility for previous violations of Missouri Air Conservation Law and initiated collection of suspended penalties.

National Lead Company, Fredericktown – failed to perform asbestos inspections and submit notifications prior to the demolition of two regulated structures. A notice of violation was issued on March 6, 2009, to Mark Frazier representing National Lead.

Uehlin Quarry, Amazonia – failed to obtain a construction permit and submit its emissions inventory questionnaire and accompanying fees for the quarry located at 4949 Private Drive. The notice of violation was issued on Aug. 24.

High Ridge Quik Stop, High Ridge –allowed gasoline to be dispensed from nozzles tagged as “out of service” by department inspectors and failed to repair defective nozzles in a timely manner. Three notices of violations were issued in July and August.

Mississippi Valley Company, Kahoka – failed to amend its project schedule and revise an Asbestos Project Notification with the department before asbestos was removed and eight structures were demolished in Kahoka. A notice of violation was issued on May 13.

Shayn Helm, St. Joseph – violated Missouri’s open burning restrictions by openly burning tires, VHS cassette tapes, metal cans, a metal ladder, a mattress and other miscellaneous items on separate occasions. The department issued two separate notices of violation in October.

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 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 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 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 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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