SB 125 - 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. In reviewing the reasonableness of a compliance schedule, the Director shall take into account information supplied by the regulated facility and information developed by the agency staff which may include information provided by the public. 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. The time limitation within which prosecution of an offense or the filing of a private civil suit must be commenced shall start to run on the earliest day on which an enforcement action may be filed. Pursuant to Chapter 610, RSMo, the information contained in an audit report may be closed by the Director for no more than 90 days unless closing such information is contrary to the interests of justice or the public safety or welfare. Records and information that may not be closed are detailed in subsection 7 of Section 640.048, RSMo.

The Department could seek civil and criminal penalties for a facility which: 1) fails to meet the compliance schedule; 2) is found to have violated an environmental law within the three years prior to the submission of the application; 3) caused serious harm; or 4) presents an imminent threat to the public health or the environment. A violation of an environmental law does not include minor or paperwork violations.

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.

This act is similar to SB 561 and SB 755 from 1996 and is the same as SCS/HB 945 from 1996.

OTTO FAJEN