Section 256.637

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 256

Effective - 28 Aug 1997   

  256.637.  Violations of law, civil and criminal penalties. — 1.  Any person who willfully violates any of the provisions of sections 256.600 to 256.640 is guilty of a class A misdemeanor.

  2.  In the event of a continuing violation, each day that the violation continues shall constitute a separate and distinct offense.

  3.  Any person who willfully obstructs, hinders or prevents agents of the division in the performance of the duties imposed on them by sections 256.600 to 256.640 is guilty of a class A misdemeanor.

  4.  Any well owner who knowingly causes or permits a hazardous or potentially hazardous condition to exist which could cause deterioration of groundwater quality in the system, even in a local area, shall forfeit his right to an approved, certified well.  He shall also be liable to legal action by the state and any neighboring well owners should the condition endanger the groundwater in surrounding areas.  If the division finds that such conditions exist, it shall order the well owner to plug the well.

  5.  Upon receipt of a complaint filed with the division alleging that any provision of sections 256.600 to 256.640, or any standard, rule or regulation promulgated thereto was violated, the division may institute a civil action in the jurisdiction where the well is located for injunctive relief through the office of the prosecuting attorney of the county wherein the alleged violation occurred to prevent such violation or further violation, or for the assessment of a civil penalty not to exceed five hundred dollars per day for each day, or part thereof, the violation occurred and continued to occur, or both, as the court deems proper.  For the purpose of this section, the filing of a well registration or certification form containing false information shall constitute a violation for each day after notification that such form is on file with the division.  Any moneys paid in civil penalties shall be deposited in the groundwater protection fund.

­­--------

(L. 1985 S.B. 281 § 13, A.L. 1991 S.B. 221, A.L. 1997 S.B. 342)