News Release 274
Missouri Air Conservation Commission refers three cases to attorney general for enforcement action
Volume 38-274 (For Immediate Release)
Contact: Renee Bungart (For Immediate Release)
JEFFERSON CITY, MO, MAY 4, 2010 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission Thursday referred three cases involving 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 April 29 meeting in St. Louis, 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:
- KAT Excavation, Bates City – violated Missouri’s open burning restrictions by burning demolition, non-vegetative debris material. A notice of violation was issued Nov. 12.
- Byron Shultz, La Belle – failed to perform asbestos inspections and submit notifications prior to the demolition of a regulated structure. In addition, the demolition waste was improperly disposed of by open burning. A notice of violation was issued Sept. 23.
- L & D Conoco, Blue Springs – failed to conduct required tests of vapor recovery equipment. This equipment is used to capture gasoline vapors before they can escape into the atmosphere. Gasoline vapors that are not recovered from gasoline station dispensers can contribute to the formation of ground-level ozone, or smog. A notice of violation was issued on March 3, 2009. At the time of referral, the department was attempting to negotiate a settlement agreement for a previous violation of failure to properly maintain vapor recovery equipment. Both notices of violation were combined into the referral.
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.