Air Enforcement: Missouri Department of Natural Resources and Cuba Municipal Solid Waste Landfill Enter into Administrative Order on Consent

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Missouri Department of Natural Resources (“MDNR”) and Prairie Valley Disposal, Inc., (“Prairie Valley”) entered into an October 24th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri Air Conservation Law. See No. APCP-2023-026.

The AOC states that Prairie Valley operates a privately-owned municipal solid waste landfill (“Facility”) in Cuba, Missouri.

The Facility is stated to operate under a Part 70 Permit with a permitted waste capacity of 3.14 million cubic meters.

MDNR is stated to have issued a Letter of Warning to Prairie Valley on September 22, 2022, regarding the need to submit a permit renewal for the Part 70 Permit.

The Air Pollution Control Program’s Permitting Section is stated to be currently evaluating Prairie Valley’s permit renewal application that was received on November 14, 2022.

The AOC states that the Prairie Valley Landfill failed to submit a complete renewal application at least six months prior to the expiration of the permit, in violation of the permit and 10 CSR 10-6.065.

The AOC assesses a civil penalty of $3,750. It further requires that Prairie Valley work with the MDNR Air Pollution Control Program’s permitting staff for the timely issuance of the renewal Part 70 Operating Permit.

The AOC provides that the Prairie Valley Landfill may continue to operate under the authority of the current Operating Permit subject to all permit conditions and requirements until the renewal operating permit is issued.

A copy of the AOC can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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