Certificate denied or invalidated by department, procedure, grounds.
319.125. 1. The department may deny or invalidate a certificate ofregistration issued under sections 319.120 and 319.123 if the departmentfinds, after notice and a hearing pursuant to chapter 260, RSMo, that theowner has:
(1) Fraudulently or deceptively registered or attempted to register atank; or
(2) Failed at any time to comply with any provision or requirement ofsections 319.100 to 319.137 or any rules and regulations adopted by thedepartment in accordance with the provisions of sections 319.100 to319.137.
2. Upon the action of the department to invalidate or refuse to issuea certificate, the department shall advise the applicant of his right tohave a hearing before the hazardous waste management commission. Thehearing shall be conducted in accordance with the procedures established inchapter 260, RSMo.
3. When the department finds that a release from an undergroundstorage tank presents, or is likely to present, an immediate threat topublic health or safety or to the environment, it shall order correction ofthe problem, order cleanup or institute clean-up operations pursuant to theprovisions of sections 260.500 to 260.550, RSMo.
4. If the owner or operator fails to perform or improperly performsany action required by the department to abate or eliminate an immediatethreat to public health or safety or to the environment, the department oran authorized agent of the department may take any and all necessary actionto abate or eliminate such threat. In addition to any other remedy orpenalty provided by sections 319.100 to 319.137 or any other law, the owneror operator shall be held strictly liable for the reasonable costs incurredby the department in taking any such action.
5. The denial of reregistration or the revocation of registration ofany person participating in the underground storage tank insurance fundshall, upon completion of any appeal, terminate participation in the fund.
Certificate denied or invalidated by department, procedure, grounds.
319.125. 1. The department may deny or invalidate a certificate ofregistration issued under sections 319.120 and 319.123 if the departmentfinds, after notice and a hearing pursuant to chapter 260, RSMo, that theowner has:
(1) Fraudulently or deceptively registered or attempted to register atank; or
(2) Failed at any time to comply with any provision or requirement ofsections 319.100 to 319.137 or any rules and regulations adopted by thedepartment in accordance with the provisions of sections 319.100 to319.137.
2. Upon the action of the department to invalidate or refuse to issuea certificate, the department shall advise the applicant of his right tohave a hearing before the hazardous waste management commission. Thehearing shall be conducted in accordance with the procedures established inchapter 260, RSMo.
3. When the department finds that a release from an undergroundstorage tank presents, or is likely to present, an immediate threat topublic health or safety or to the environment, it shall order correction ofthe problem, order cleanup or institute clean-up operations pursuant to theprovisions of sections 260.500 to 260.550, RSMo.
4. If the owner or operator fails to perform or improperly performsany action required by the department to abate or eliminate an immediatethreat to public health or safety or to the environment, the department oran authorized agent of the department may take any and all necessary actionto abate or eliminate such threat. In addition to any other remedy orpenalty provided by sections 319.100 to 319.137 or any other law, the owneror operator shall be held strictly liable for the reasonable costs incurredby the department in taking any such action.
5. The denial of reregistration or the revocation of registration ofany person participating in the underground storage tank insurance fundshall, upon completion of any appeal, terminate participation in the fund.
Certificate denied or invalidated by department, procedure, grounds.
319.125. 1. The department may deny or invalidate a certificate ofregistration issued under sections 319.120 and 319.123 if the departmentfinds, after notice and a hearing pursuant to chapter 260, RSMo, that theowner has:
(1) Fraudulently or deceptively registered or attempted to register atank; or
(2) Failed at any time to comply with any provision or requirement ofsections 319.100 to 319.137 or any rules and regulations adopted by thedepartment in accordance with the provisions of sections 319.100 to319.137.
2. Upon the action of the department to invalidate or refuse to issuea certificate, the department shall advise the applicant of his right tohave a hearing before the hazardous waste management commission. Thehearing shall be conducted in accordance with the procedures established inchapter 260, RSMo.
3. When the department finds that a release from an undergroundstorage tank presents, or is likely to present, an immediate threat topublic health or safety or to the environment, it shall order correction ofthe problem, order cleanup or institute clean-up operations pursuant to theprovisions of sections 260.500 to 260.550, RSMo.
4. If the owner or operator fails to perform or improperly performsany action required by the department to abate or eliminate an immediatethreat to public health or safety or to the environment, the department oran authorized agent of the department may take any and all necessary actionto abate or eliminate such threat. In addition to any other remedy orpenalty provided by sections 319.100 to 319.137 or any other law, the owneror operator shall be held strictly liable for the reasonable costs incurredby the department in taking any such action.
5. The denial of reregistration or the revocation of registration ofany person participating in the underground storage tank insurance fundshall, upon completion of any appeal, terminate participation in the fund.
