News Release 633

Missouri Air Conservation Commission refers one case to attorney general for enforcement action

Volume 38-633 (For Immediate Release)
For more information: 573-751-1010

JEFFERSON CITY, MO, NOV. 3, 2010 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission referred the case against a Sparta business to the Missouri Attorney General's Office to pursue legal action for a violation of Missouri's Air Conservation Law.

The commission, at its Oct. 28 meeting in Springfield, voted to refer the case against DCBG Enterprises to the attorney general's office to compel compliance and to seek an appropriate civil penalty for the violation.

The company violated Missouri’s open burning restrictions by burning furniture, construction waste, tile, treated wood, appliances, paint cans and plastics. A notice of violation was issued February 26.

The department contacted the company multiple times, but has not received an adequate response.  The company refused to take appropriate responsibility for its violation 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 violator:

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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