Mo. Rev. Stat. § 643.010
Short title
This chapter shall be known and may be cited as the "Missouri Air Conservation Law".
Revised Statutes of Missouri Chapter 643 — Air Conservation
Missouri · statute · Mo. Rev. Stat. ch. 643 · 69 active provisions
Mo. Rev. Stat. § 643.020
Definitions
When used in this chapter and in standards, rules and regulations promulgated under authority of this chapter, the following words and phrases mean: (1) "AHERA", Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519); (2) "Abatement project designer", an individual who designs or plans AHERA asbestos abatement; (…
Mo. Rev. Stat. § 643.030
Intent of law — commission to control air pollution
The discharge into the ambient air of air contaminants so as to cause or contribute to air pollution is contrary to the public policy of Missouri and in violation of this chapter. It is the intent and purpose of this chapter to maintain purity of the air resources of the state to protect the health, general welfare and…
Mo. Rev. Stat. § 643.040
Air conservation commission created — members, terms, expenses, meetings
1. There is created hereby an air pollution control agency to be known as the "Air Conservation Commission of the State of Missouri", whose domicile for the purposes of sections 643.010 to 643.355 is the department of natural resources of the state of Missouri. The commission shall consist of seven members appointed by…
Mo. Rev. Stat. § 643.050
Powers and duties of commission — rules, procedure
1. In addition to any other powers vested in it by law the commission shall have the following powers: (1) Adopt, promulgate, amend and repeal rules and regulations consistent with the general intent and purposes of sections 643.010 to 643.355, chapter 536, Titles V and VI of the federal Clean Air Act, as amended, 42 U…
Mo. Rev. Stat. § 643.055
Commission may adopt rules for compliance with federal law — suspension, reinstatement — exemption, limitations — regulation of residential wood burning heaters or appliances prohibited without legislative authorization
1. Other provisions of law notwithstanding, the Missouri air conservation commission shall have the authority to promulgate rules and regulations, pursuant to chapter 536, to establish standards and guidelines to ensure that the state of Missouri is in compliance with the provisions of the federal Clean Air Act, as ame…
Mo. Rev. Stat. § 643.060
Powers and duties of director
In addition to any other powers vested by law, the director shall have the following powers and duties: (1) Retain, employ, provide for, and compensate, within appropriations available therefor, such consultants, assistants, deputies, clerks, and other employees on a full- or part-time basis as may be necessary to carr…
Mo. Rev. Stat. § 643.070
Commission to adopt rules, notice — public hearing
1. The commission shall adopt rules pursuant to chapter 536. The commission shall notify any air pollution control agency with a certificate of authority which may be affected by the rule and any person who has previously requested notice when the proposed rulemaking is submitted to the secretary of state for publicati…
Mo. Rev. Stat. § 643.073
Procedure for submission of applications, fee
1. The commission shall establish, by rule, a procedure for the orderly submission of applications for an operating permit by those regulated air contaminant sources in operation on August 28, 1992, and procedures for the issuance of operating permits. Any person who operates an air contaminant source on or after Augus…
Mo. Rev. Stat. § 643.075
Construction without permit prohibited — denial, appeal, procedure — fee, exemption — natural resources protection fund, air pollution permit fee subaccount — city or county permit granted, effect
1. It shall be unlawful for any person to commence construction of any air contaminant source in this state, without a permit, if such source is of a class fixed by regulation of the commission which requires a permit. 2. Every source required to obtain a construction permit shall make application to the department tha…
Mo. Rev. Stat. § 643.076
Sections not to apply to locomotives, exception
The provisions of sections 643.073, 643.075, 643.078 and 643.079 shall not apply to locomotives or engines used in locomotives engaged in interstate commerce unless otherwise required under the provisions of the Federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
Mo. Rev. Stat. § 643.077
Operating and construction permits, transferability
An operating permit or associated construction permit authorized pursuant to section 643.073 shall be applicable to an operating source and such permit or permits shall transfer to any new owner of an operating source with the change of ownership of said operating source.
Mo. Rev. Stat. § 643.078
Operation without permit prohibited — single permit for multiple sources — information to be submitted, time period — validation of permit, terms and conditions — time period — director shall enforce federal standards — appeal — city or county permit granted, effect
1. It shall be unlawful for any person to operate any regulated air contaminant source after August 28, 1992, without an operating permit except as otherwise provided in sections 643.010 to 643.190. 2. At the option of the permit applicant, a single operating permit shall be issued for a facility having multiple air co…
Mo. Rev. Stat. § 643.079
Fees, amount — deposit of moneys, where, subaccount to be maintained — civil action for failure to remit fees, effect upon permit — agencies, determination of fees — fee structure revision
1. Any air contaminant source required to obtain a permit issued under sections 643.010 to 643.355 shall pay annually beginning April 1, 1993, a fee as provided herein. For the first year the fee shall be twenty-five dollars per ton of each regulated air contaminant emitted. Thereafter, the fee shall be set every three…
Mo. Rev. Stat. § 643.080
Investigations, when made — violation, how eliminated — hearing, procedure — final order, notice of
1. The director shall investigate alleged violations of sections 643.010 to 643.355 or any rule promulgated hereunder or any term or condition of any permit and may cause to be made such other investigations as he shall deem advisable. The department shall assume the costs of investigation of alleged violations. The id…
Mo. Rev. Stat. § 643.085
Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition
1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 643.010 to 643.250, or a standard, limitation, order, rule or regulation promulgated pursuant thereto, or a term or condition of any permit has been violated, the director may issue an order assessing a…
Mo. Rev. Stat. § 643.090
Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court
1. If the commission or the director finds that a generalized condition of the ambient air due to meteorological conditions and a buildup of air contaminants in any portion of this state constitutes or may constitute an emergency risk to the public health, safety or welfare of those in the area, the commission or the d…
Mo. Rev. Stat. § 643.100
Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved
1. At any public hearing all testimony taken before the commission shall be under oath and recorded. The transcript so recorded shall be made available to any member of the public or to the respondent or party to any hearing. 2. In any such hearing, any member of the commission or the hearing officer shall issue in the…
Mo. Rev. Stat. § 643.110
Commission may grant, modify and revoke variances — director to make recommendation, when
1. The commission may grant individual variances beyond the limitations prescribed in this chapter whenever it is found, upon presentation of adequate proof, that compliance with any provision of this chapter or any rule, requirement or order of the commission or director will result in a taking of property without jus…
Mo. Rev. Stat. § 643.120
Commission shall act upon request — decision rendered, when — action to compel completion of proceedings
The commission shall promptly act upon any request for a hearing or appeal which is filed pursuant to the provisions of this chapter. The commission shall cause a hearing to be set within sixty days of a request for hearing or appeal. The record, which shall consist of a transcript of all testimony taken, all exhibits,…
Mo. Rev. Stat. § 643.130
Judicial review
All final orders or determinations of the commission or the director hereunder shall be subject to judicial review pursuant to the provisions of sections 536.100 to 536.140, except that, the provisions of section 536.110 notwithstanding, all actions seeking judicial review of any final determination of the commission o…
Mo. Rev. Stat. § 643.140
Political subdivisions not preempted in field of air pollution — certificate of authority to issue permits and variances, grounds for revocation
1. Except as provided under this section, the legislature does not intend by the provisions of sections 643.010 to 643.190 to occupy the field by preemption. Subject to the provisions of this section, any city or county of this state is empowered, notwithstanding any limitation or provision of law to the contrary, to e…
Mo. Rev. Stat. § 643.151
Violations, penalties, notice — civil action — offer of settlement, method — disclosure of confidential information, penalty
1. It is unlawful for any person to cause or permit any air pollution by emission of any air contaminant from any air contaminant source located in Missouri, in violation of sections 643.010 to 643.190, or any rule promulgated by the commission. 2. No person who knows or should know of the existence of such rules may c…
Mo. Rev. Stat. § 643.161
State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited
1. No officer, agency or department of the state government, or of any political subdivision of this state shall enter into a contract with any person required to apply for a permit under the provisions of sections 643.010 to 643.190 unless such person has applied for or received a permit or has been granted a variance…
Mo. Rev. Stat. § 643.170
Existing penalties not to be impaired — no actionable rights created, exceptions
1. Existing civil or criminal remedies for any wrongful action which is a violation of any part of this chapter or any rule of the commission promulgated hereunder shall not be excluded or impaired by sections 643.010 to 643.190. 2. Nothing in sections 643.010 to 643.190 shall be construed to create or imply a private…
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