News Release 142

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

Volume 39-142 (For Immediate Release)
For more information: 573-751-1010

JEFFERSON CITY, MO, MAY 4, 2011 -- The Missouri Department of Natural Resources and the Missouri Air Conservation Commission have referred two cases to the Missouri Attorney General's Office to pursue legal action for violations of Missouri's Air Conservation Law.

The commission, at its April 28 meeting in Springfield, voted to refer the following cases to the attorney general’s office to compel compliance and to seek appropriate civil penalties for the violations.

Paul Whorton, Kirbyville – Cited with violating Missouri's open burning regulations by burning tires and other regulated solid waste. Missouri State Regulation 10 CSR 10-6.045, "Open Burning Requirements," prohibits the open burning of these items.

Clark Tire Wholesale, Imperial - Clark Tire Wholesale is an emissions inspection station for the Gateway Vehicle Inspection Program in Jefferson County and is cited for conducting 114 clean-scans. Clean scanning is the illegal act of connecting the analyzer cable to a different vehicle than the one identified on the inspection report with the intent of bypassing the required test procedure. Conducting fraudulent emissions inspections by clean scanning is a violation of Missouri Air Conservation Regulation 10 CSR 10-5.381(3)(H)9, “On-Board Diagnostics Motor Vehicle Emissions Inspection.”

Missouri's Air Conservation Law exists to protect human health and the environment, 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 each of these cases, the department contacted the business owners or individuals multiple times, but has not received an adequate response. 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 For more information contact the department's Air Pollution Control Program at 573-751-4817 or call toll-free at 800-361-4827.