Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 60 - Safe Drinking Water Commission › Chapter 6 - Enforcement › Section 10 CSR 60-6.070 - Administrative Penalty Assessment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Proposed amendments to this rule will remove
				  duplicative statutory language and correcting citations identified during the
				  Red Tape Reduction Initiative.
(1) General Provisions.
(A) Pursuant to section
				640.131,
				RSMo, and in addition to any other remedy provided by law, upon determination
				by the department that a provision of sections
				640.100
				to
				640.140,
				RSMo, or a standard, limitation, order, rule, or regulation promulgated
				thereunder or a term or condition of any permit has been violated, the director
				may issue an order assessing an administrative penalty upon the violator. The
				amount of the administrative penalty shall be determined according to section
				(3) of this rule. In no event shall the penalty assessed per day of violation
				or the total penalty assessed per violation exceed the statutory maximums
				specified in subsection 640.131.2, RSMo, a summary of which is shown in the
				following table:
Maximum Administrative Penalty Amounts
PUBLIC WATER SYSTEM SIZE (# of people served)
MAXIMUM PENALTY AMOUNT
Amount Per Day Per Violation
Total Amount Per Violation
less than 500
$100
$1,000
500 to 9,999
$250
$5,000
10,000 or more
$1,000
$25,000
(B)
				An administrative penalty shall not be imposed until the department has sought
				to resolve the violation(s) through conference, conciliation and persuasion and
				shall not be imposed for minor violations. If the violation is resolved through
				conference, conciliation and persuasion, no administrative penalty shall be
				assessed unless the violation has caused a risk to human health or to the
				environment, or has caused or has the potential to cause pollution or was
				knowingly committed.
(C) An order
				assessing an administrative penalty shall be served upon the supplier of water
				or appropriate representative of the supplier of water through United States
				Postal Service certified mail, return receipt requested; a private courier or
				messenger service which provides verification of delivery; or by hand delivery
				to the residence or place of business of the supplier of water. An order
				assessing an administrative penalty shall be considered served if verified
				receipt is made by the supplier of water or an appropriate representative of
				the supplier of water. Rejection of or refusal to accept private courier
				service, messenger service, hand delivery or certified mail delivery of an
				order assessing an administrative penalty constitutes service of the
				order.
(D) The director may at any
				time withdraw without prejudice any administrative order or administrative
				penalty.
(E) An order assessing an
				administrative penalty shall describe the nature of the violation(s), the
				amount of the administrative penalty, and the basis of the penalty
				calculation.
(F) The director may
				suspend a penalty in whole or in part when deemed appropriate. The director
				shall consider the following factors, as a minimum, in evaluating the
				appropriateness of suspended penalties: timeliness in response to violation(s),
				history of past violations, cooperative efforts towards compliance, severity of
				violation(s), relative risk to human health, and other extenuating
				circumstances. Penalties suspended under this provision may be reinstated if
				the violator fails to comply with all provisions of the administrative order or
				fails to remain in compliance for a period of one (1) year from the final
				compliance date of the administrative order.
(G) An administrative penalty shall not be
				increased in those instances where department action, or failure to act, has
				caused a continuation of the violation that was a basis for the penalty. Sample
				collection and analysis by the department to verify the quality of the water,
				regardless of the analytical results, shall not be construed as department
				action that has caused continuation of the violation. Any administrative
				penalty shall be assessed within two (2) years following the department's
				initial discovery of such alleged violation, or from the date the department in
				the exercise of ordinary diligence should have discovered such alleged
				violation.