Saturday, December 20, 2008

Text posted on Flanigan bill to curb RES environmental violations

The text of HB 127, designed to put some teeth into laws that have enabled RES to skate past regulations and continue to cause serious odor problems in Carthage, has been posted on the Missouri House of Representatives website.

The bill, the first from newly-elected Rep. Tom Flanigan, R-Carthage, includes the following changes to current state law:

4. Any recycling company that converts animal parts into petroleum that the commission or the director determines to be in persistent violation of the provisions of this section or any odor rule promulgated by the department shall forfeit any permits issued by the department under this chapter or chapter 644, RSMo, until such time that the recycling company that converts animal parts into petroleum successfully obtains a new permit. For the purposes of this subsection, the term "persistent violation" shall mean any recycling company that converts animal parts into petroleum that has been found by the commission or the director to have violated the provisions of this section at least six times during any twelve-month period or at least twelve times during any thirty-six-month period.

5. During any thirty-six-month period, any recycling company that converts animal parts into petroleum that the commission or director has found to have violated the provisions of this section on more than one occasion shall be subject to a penalty of not less than ten thousand dollars and not more than thirty thousand dollars for each violation per day for each day, or part thereof, the violation continues to occur, or both, as the court may deem proper.

2 comments:

Anonymous said...

Randy, I think you will find that this is the exact language from Senator Nodler's Senate Bill 738 from last year in the perfected version that passed the Senate 32 to 0 only to die in the House of Representatives. Let's hope Rep. Flanigan can get this though the House because we already know Senator Nodler can get it through the Senate.

Randy said...

I did not go back and check Sen. Nodler's bill, but I am sure you are right about that.