Missouri Code of State Regulations Title 10 - DEPARTMENT OF NATURAL RESOURCES
I. TITLE 10 – DEPARTMENT OF NATURAL RESOURCES (DNR)
Overview
Title 10 of the Missouri Code of State Regulations contains rules and regulations adopted by the Department of Natural Resources to implement environmental laws. These regulations cover:
Air quality and pollution control
Water pollution and wastewater management
Hazardous waste management
Solid waste disposal
Drinking water standards
Land reclamation and dam safety
These regulations are legally binding because they are authorized by Missouri statutes such as the Clean Water Law, Air Conservation Law, and Hazardous Waste Management Law.
Purpose
The main goals of Title 10 regulations are to:
Protect public health and the environment
Ensure safe management of hazardous and solid waste
Regulate industrial emissions and wastewater discharge
Provide procedures for permits, inspections, and enforcement
II. ENFORCEMENT UNDER TITLE 10
1. Compliance Assistance
DNR first tries to resolve violations informally through guidance, notices, and voluntary compliance programs.
The goal is preventive enforcement rather than immediate penalties.
2. Formal Enforcement
If violations persist, DNR may:
Issue administrative orders for corrective action
Impose civil penalties or fines
Revoke or suspend permits
Refer cases to the Missouri Attorney General for injunctions or lawsuits
3. Judicial Review
Courts review whether DNR acted within its statutory authority and followed due process.
Regulated parties can challenge DNR actions, but courts generally uphold enforcement when environmental harm or statutory violations are evident.
III. MAJOR CASE LAWS INVOLVING TITLE 10 / DNR ENFORCEMENT
1. State v. Missouri Resource Recovery, Inc. (1992)
Facts: A waste facility stored hazardous wastes beyond permitted capacity. DNR sought injunctions and civil penalties.
Legal Issue: Violation of hazardous waste regulations.
Decision: Court upheld that storage of hazardous waste without a permit violated both the Hazardous Waste Management Law and Title 10 regulations.
Significance: Confirmed that facilities could face civil penalties and injunctions for non-compliance.
2. In the Matter of PVC Management II, LLC (2021)
Facts: PVC Management II, LLC received a DNR permit for a concentrated animal feeding operation. Opponents claimed the permit violated regulations.
Legal Issue: Whether DNR properly followed procedural requirements in issuing permits.
Decision: Court upheld the permit, stating DNR followed proper procedures and satisfied regulatory requirements.
Significance: Judicial review ensures DNR’s permitting authority is exercised within procedural and evidentiary standards.
3. Turner v. Missouri Department of Conservation (2011)
Facts: Plaintiffs challenged wildlife regulations, claiming they were vague and overbroad.
Legal Issue: Constitutionality and enforceability of DNR regulations.
Decision: Court upheld the regulations, emphasizing that rules must be interpreted based on actual conduct.
Significance: Courts protect agency rules if they provide fair notice of prohibited behavior, supporting DNR enforcement.
4. Doe Run Environmental Enforcement Settlement
Facts: Doe Run Resources violated multiple environmental laws, including air, water, and hazardous waste regulations.
Action: DNR coordinated with federal authorities for enforcement.
Outcome: Company paid penalties, implemented remediation, and improved compliance.
Significance: Demonstrates coordinated enforcement of Title 10 regulations and the importance of remediation.
5. Clean Water Enforcement Civil Penalty Cases
Facts: Various companies discharged pollutants exceeding permit limits without authorization.
Legal Issue: Violation of wastewater discharge standards under Title 10.
Decision: Courts upheld DNR penalties, emphasizing the need to protect water quality.
Significance: Confirms that DNR enforcement of water pollution regulations is effective and legally supported.
6. Administrative Permit Appeals
Facts: Entities appealed DNR actions like permit denials or revocations.
Legal Issue: Whether DNR acted within authority and followed procedural rules.
Decision: Courts upheld DNR decisions when proper procedures were followed and violations were documented.
Significance: Shows that Title 10 enforcement includes procedural safeguards, and judicial review protects both regulatory authority and due process.
IV. KEY PRINCIPLES FROM TITLE 10 ENFORCEMENT CASES
Title 10 regulations are legally binding because they implement state statutes.
DNR enforcement includes guidance, administrative orders, civil penalties, and referrals for litigation.
Courts generally uphold DNR actions if environmental harm or statutory violation is proven.
Judicial review ensures agency decisions are reasonable and follow due process.
Both permit violations and unauthorized environmental damage are actionable.
V. CONCLUSION
Title 10 of the Missouri Code of State Regulations empowers DNR to regulate, monitor, and enforce environmental protection measures. Courts have consistently supported DNR enforcement actions when rules are clear, procedures are followed, and environmental harm exists. Enforcement includes civil penalties, injunctions, permit actions, and coordination with federal authorities, making Title 10 a critical tool for protecting Missouri’s natural resources.
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