2011 Missouri Revised Statutes
TITLE XVI CONSERVATION, RESOURCES AND DEVELOPMENT
Chapter 260 Environmental Control
Section 260.235. Hearing, when, procedure--review, how--injunction based on seriousness of threat to environment--performance bond required, forfeited, when.

260.235. 1. Any person aggrieved by a forfeiture of any financial assurance instrument, civil or administrative penalty or denial, suspension or revocation of a permit required by section 260.205 or a modification to a permit issued under section 260.205 or any disapproval of the plan required by section 260.220, may within thirty days of notice of such action request a hearing. The notice of the department shall be effected by certified mail and shall set forth the reasons for such forfeiture, disapproval, denial, suspension, civil penalty or revocation. The department may seek an injunction in the circuit court in which the facility is located requiring the facility for which the transfer of ownership has been denied, or the permit or modification of the permit has been denied, suspended or revoked, to cease operations from the date ordered by the court until such time as the appeal is resolved or obtain a performance bond in the amount and manner as prescribed by rule. The department's action seeking an injunction shall be based on the seriousness of the threat to the environment which continued operation of the facility poses. The bond shall remain in place until the appeal is resolved. If the department's decision is upheld, the bond shall be forfeited and placed in a separate subaccount of the solid waste management fund.

2. The hearing shall be conducted by the director or his designated representative in accordance with the procedures set forth in sections 536.070, 536.073, 536.077, 536.080, and 536.090. The decision of the department shall become final thirty days after delivery or certified mailing of a copy of it to the person. Such decisions may be appealed to the administrative hearing commission pursuant to sections 536.063 to 536.095 and shall be subject to judicial review of a final decision as provided in sections 536.100 to 536.140.

(L. 1972 S.B. 387 8, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1995 S.B. 60 & 112)

Annotation Copyright Missouri Joint Committee on Legislative Research