State Codes and Statutes
Statutes > Missouri > T40 > C643 > 643_090Generalized condition, emergency risk, what actiontaken--nongeneralized condition, cease and desistorder--injunctive relief, priority in court.
643.090. 1. If the commission or the director finds that ageneralized condition of the ambient air due to meteorologicalconditions and a buildup of air contaminants in any portion ofthis state constitutes or may constitute an emergency risk to thepublic health, safety or welfare of those in the area, thecommission or the director shall declare that an emergency existsand may, with the written approval of the governor, by orderprohibit, restrict or condition all sources of air contaminantscontributing to the emergency condition during such periods oftime necessary to alleviate or lessen the effects of theemergency condition. The commission shall adopt rules andregulations to implement this subsection. Orders issued pursuantto this subsection shall be enforced by the commission and thestate and local police and local air conservation enforcementpersonnel. Those authorized to enforce such orders may take suchreasonable steps as are required to assure compliance therewith.
2. In the absence of a generalized condition of aircontaminants as referred to in subsection 1 of this section, andnotwithstanding other provisions of this or any other law to thecontrary, if the commission or the director determines that anyperson is engaging or may engage in any activity involving asignificant risk of air contamination or is discharging orcausing to be discharged into the ambient air, directly orindirectly, any air contaminant, and such activity or dischargeconstitutes a clear and present danger to the public health orpublic welfare or the environment, the commission or the directorshall issue a written cease and desist order to said person todiscontinue immediately such activity or discharge; provided,however, the commission may countermand such order of thedirector. If such person, notwithstanding such order, continuesthe activity or discharge of such contaminants into theatmosphere, the commission or the director shall cause to befiled by the attorney general or other counsel in the name ofthis state, suit for a temporary restraining order, temporaryinjunction, and permanent injunction. Any such action shall begiven precedence over all other matters pending in the circuitcourts.
(L. 1965 p. 335 § 8, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)*Transferred 1986; formerly 203.090
