Effective 28 Aug 2004

701.037. Violations, notice of, contents, prosecuting attorney to institute proceedings, when — emergency situation, when. — 1. Whenever the director determines that there are reasonable grounds to believe that there has been violation of any provision of sections 701.025 to 701.059 or the rules promulgated under sections 701.025 to 701.059, the director shall give notice of such alleged violation to the person responsible, as herein provided. The notice shall:

(1) Be in writing;

(2) Include a statement of the reasons for the issuance of the notice;

(3) Allow reasonable time as determined by the director for the performance of any act it requires;

(4) Be served upon the owner, operator or contractor, as the case may require, provided that such notice or order shall be deemed to have been properly served upon such person when a copy thereof has been sent by registered or certified mail to the person's last known address, as listed in the local property tax records concerning such property, or when such person has been served with such notice by any other method authorized by the laws of this state;

(5) Contain an outline of remedial action which is required to effect compliance with sections 701.025 to 701.059 and the rules promulgated under sections 701.025 to 701.059.

2. Existing systems, as defined in section 701.025, shall not be inspected, unless the director determines that there are reasonable grounds to believe that there has been a violation of any provision of sections 701.025 to 701.059.

3. If an aggrieved person files a written request for a hearing within ten days of the date of receipt of a notice, a hearing shall be held within twenty days from the date of the receipt of the notice, before the department director, to review the appropriateness of the remedial action. The director shall issue a written decision within thirty calendar days of the date of the hearing. Any final decision of the director may be appealed to the administrative hearing commission in the manner provided in chapter 621, or may at the option of the aggrieved person be appealed to the circuit court of the county wherein the offense is alleged to have occurred for a trial de novo on the merits. Any decision of the administrative hearing commission may be appealed as provided in sections 536.100 to 536.140.

4. Any city or county that has adopted the state standard, or the department, may require a property owner to abate a nuisance or repair a malfunctioning on-site sewage disposal system on the owner's property not later than the thirtieth day from which the owner receives notification from the city, county or department of the malfunctioning system or a final written order from the director, if a hearing or hearings were held pursuant to subsections 2 and 3 of this section. If weather conditions prevent the abatement of the nuisance or repair of the system within the thirty-day period or if the owner is unable, after reasonable effort, to obtain the services of a contractor or repair service within the thirty-day period, the abatement of the nuisance or repair of the system shall be made, weather permitting, no later than sixty days after notification. Such extension for abatement or repair shall be subject to approval by the city, county or department. The department may assess an administrative penalty on the property owner of no more than fifty dollars per day for each day that the on-site sewage disposal system remains unrepaired beyond the last day permitted by this section for the abatement or repair. All administrative penalties collected by the department under the provisions of this section shall be deposited in the state treasury to the credit of the general revenue fund.

5. The prosecuting attorney of the county in which any noncompliance or violation of sections 701.025 to 701.059 or any rule promulgated under sections 701.025 to 701.059 is occurring shall, at the request of the city, county or department, institute appropriate proceedings for correction in cases of noncompliance with or violation of the provisions of sections 701.025 to 701.059 and any rules promulgated under sections 701.025 to 701.059.

6. When it is determined by the department that an emergency exists which requires immediate action to protect the health and welfare of the public, the department is authorized to seek a temporary restraining order and injunction. Such action shall be brought at the request of the director of the department by the prosecuting attorney of the county in which the violation occurred. When such conditions are corrected and the health of the people of the state of Missouri is no longer threatened, the department shall request that such temporary restraining order and injunction be dissolved. For the purposes of this subsection, an "emergency" means any set of circumstances that constitute an imminent health hazard or the threat of an imminent health hazard as defined in section 701.025.

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(L. 1986 H.B. 1101 § 7, A.L. 1994 S.B. 446, A.L. 2004 H.B. 1433)