SB 561 - This act establishes an environmental audit program within the Department of Natural Resources for entities regulated by the Department. To participate, an operator must apply to the Department, submit a dated environmental audit report, commit to correct violations expeditiously, and submit a compliance plan. All minor violations shall be corrected within 90 days of the date of application and other violations shall be corrected within 270 days. The Director shall approve or disapprove of the compliance schedule based upon the nature and consequences of the violations, the economic circumstances of the facility, and the time required to implement pollution prevention strategies.

The Department shall not initiate enforcement action for the term of the approved compliance schedule, as long as the facility meets the schedule. Information contained in an audit report may be deemed closed pursuant to Chapter 610, RSMo.

The Department could seek civil and criminal penalties for a facility which fails to meet the compliance schedule, which is found to have violated the same environmental law within the three years prior to the submission of the application, which caused serious harm, or which presents an imminent threat to the public health or the environment.

When determining the amount of any penalty, the Department shall consider the cost of corrective actions in relation to the economic benefit and the amount of savings accruing to the operator for his failure to comply with the law.
RONALD J. LEONE