Environmental: Missouri Clean Water Law-Administrative Penalty

Appellants appealed the trial court’s judgment affirming the commission’s imposition of an administrative penalty and orders for abatement after finding that appellants had violated the Missouri Clean Water Law. On appeal, appellants argued that the commission committed legal errors in the manner in which it assessed penalties and in ordering petitioners to take abatement action.

Where each violation was independent or substantially different from the others, the commission properly imposed a multiple violation penalty and also correctly assessed points where the evidence demonstrated appellants continued violations despite notice.

Judgment is affirmed.

Sultany Trucking, LLC v. Missouri Clean Water Commission (MLW No. 79613/Case No. WD85445 – 28 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Platte County, Fincham, J. (Rustin James Kimmell, Burlington, KS for appellant) (Richard Norman Groeneman, St. Louis, for respondent)