PURPOSE: This rule sets forth procedures for issuing and requirements for complying with abatement orders.

1. (1) Whenever the department determines that an emergency condition exists that endangers or could be expected to endanger the public health and safety with regard to drinking water systems, the department may issue, without notice or hearing, an abatement order reciting the existence of the condition and requiring the supplier of water to take an action(s) that will lessen or abate the danger.
2. (2) Any abatement order may be appealed within thirty (30) days after issuance of the order to the circuit court of the county in which the public water system is located or, if the public water system is located in more than one (1) county, to the circuit court of any of the counties.
3. (3) The abatement order shall become effective immediately upon issuance. Until an appeal is filed and a determination is made by the circuit court, the supplier of water must comply with the abatement order.

4. (4) The abatement order shall remain in effect until the condition has been corrected to the satisfaction of the department or the order is nullified by a county circuit court.

   1. (A) Any construction or installation of facilities to correct the condition shall be done in accordance with the requirements of 10 CSR 60-3.010 and 10 CSR 60-10.010.
   2. (B) The department reserves the authority to make the final determination of whether or not a condition has been corrected.
5. (5) Public notification of an abatement order must be issued in accordance with Tier 1 requirements in 10 CSR 60-8.010.

AUTHORITY: section 640.130, RSMo 2000.* Original rule filed July 12, 1991, effective Feb. 6, 1992. Amended: Filed March 17, 2003, effective Nov. 30, 2003.

*Original authority: 640.130, RSMo 1978, amended 1981, 1998.