203.150. Political subdivisions exempt from law, when.-This chapter shall be applicable throughout the state except as follows:

(1) Any political subdivision shall be exempt from the operation of this chapter which provides for the control of air pollution by resolution. ordinance, or regulation consistent with the provisions of this chapter or any standard, rule or regulation hereunder. Any resolution, ordinance, or regulation of a political subdivision of this state which complies with at least the minimum applicable requirements of this chapter or any standard, rule or regulation promulgated pursuant to this chapter shall be deemed consistent with this chapter or with any standard, rule or regulation hereunder,

(2) The fact of the exemption shall be evidenced by a certificate of exemption issued by the commission if it finds that a resolution, ordinance or regulation of a political subdivision meets the requirements and is being enforced;

(3) Any political subdivision having a resolution, ordinance, or regulation for air pollution control on October 13, 1965, and which makes application for a certificate of exemption may continue to enforce the resolution, ordinance or regulation pending final disposition of the application. The laws of any political subdivision not applying for a certificate of exemption within the time provided herein or which is denied a certificate of exemption by the commission are hereby repealed;

(4) If the commission determines at any time that a resolution, ordinance or regulation is being enforced in a manner inconsistent with the substantive provisions of this chapter or any standard, rule or regulation hereunder in any political subdivision holding a certificate of exemption, the commission shall suspend the certificate of exemption until such standards are met. If, within ninety days of the suspension, the commission finds that the standards are not being met, the commission shall revoke the certificate of exemption. The effect of the revocation shall operate to repeal the laws of the political subdivision and this chapter shall apply within the political subdivision;

(5) In the event that any ordinance, resolution or regulation of any political subdivision is held by the commission or any court of this state to conflict with the provisions of this chapter or is repealed as provided herein, no bar shall exist, thereby, to the prosecution of or punishment for a violation of the ordinance, resolution, or regulation which violation occurred when the ordinance, resolution, or regulation was in full force and effect;

(6) Any political subdivision having air pollution control laws on October 13, 1965, and desiring a certificate of exemption shall make application for the certificate by filing a petition for certificate of exemption with the executive secretary of the commission

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within ninety days of October 13, 1965. Any political subdivision not having air pollution control laws on October 13, 1965, but subsequently enacting such laws as provided hereunder shall make application for certificate of exemption within ninety days of the effective date of such political subdivision's law, and pending final disposition of such application, the political subdivision may enforce its laws;

(7) The executive secretary shall investigate all petitions for certificate of exemption and make a recommendation to the commission as to the disposition thereof. Upon receiving the recommendation of the executive secretary, if the recommendation is against the granting of a certificate of exemption, a hearing shall be held as provided in section 203.100. If the recommendation of the executive secretary is for the granting of a certificate of exemption, the commission may do so without a hearing; except, that upon the petition of any person aggrieved by the granting of the certificate of exemption, a hearing shall be held as provided in section 203.100. In any hearing held under this section, the questions at issue shall be whether the resolution, ordinance or regulation of the applicant political subdivision is inconsistent with the substantive provisions of this chapter or any standard, rule or regulation hereunder and is being enforced, but the burden of proof thereof shall be upon the political subdivision. A like hearing shall be held upon any proposed suspension or revocation of a certificate of exemption.

(8) Nothing contained in this section shall be so construed as to prohibit the executive secretary from making such studies, surveys, investigations, and inspections, or taking such samples within any political subdivision holding a certificate of exemption as the executive secretary deems necessary in order to ascertain whether regulation of air pollution under the law of the political subdivision meets the requirements of this chapter and any standard, rule or regulation hereunder.

(L. 1965 S. B. 132 §13)

203.160. Violations may be enjoined-penalties.-1. In the event the commission determines that any final order or determination made by the executive secretary or the commission and not then the subject of judicial review is being violated, the commission may cause to have instituted a civil action in any court of competent jurisdiction for injunctive relief to prevent any further violation of the final determination or for the assessment of the penalty not to exceed two hundred dollars per day for each day, or part thereof, the violation continues, or both, as the court may deem proper. It is the duty of the attorney general to bring such actions, at the request of the commission, in the name of the people of the state of Missouri.

2. Any member of the commission or employee thereof who is convicted of willful disclosure or conspiracy to disclose confidential information to any person other than one entitled to the information under this chapter, in violation of subsection 5 of section 203.100, is guilty of a felony.

3. The liabilities which shall be imposed pursuant to any provision of this chapter upon persons violating the provisions of this chapter or any standard, rule or regulation hereunder shall not be imposed due to any violation caused by an act of God, war, strike, riot or other catastrophe.

(L. 1965 S. B. 132 (14)

203.170. Law not to affect existing remedies or rights of persons.-1. No existing civil or criminal remedy for any wrongful action which is a violation of any part of this law or any standard, rule or regulation of the commission promulgated hereunder shall be excluded or impaired by this chapter.

2. Persons other than the state or the commission shall not acquire actionable rights by virtue of this chapter. A determination by the executive secretary or the commission that air pollution or air contamination exists or that any standard, rule or regulation has been violated, whether or not a proceeding or action is brought by the state, shall not create by reason thereof any presumption of law or finding of fact which shall inure to or be for the benefit of any person other than the state or the commission.

(L. 1965 S. B. 132 ₤15)

203.180. Commission not to license equipment. - Nothing herein shall vest in the commission any power with respect to the registration or licensing of any machine, equipment, device or other contrivance which is licensed by the commission on atomic energy under chapter 324, RSMo, or by the division of health under the provisions of sections 192.400 to 192.490, RSMo, or by the atomic energy commission under the atomic energy act of 1954, title 42 USC 2011-2281, inclusive, provided the commission shall have authority to regulate the use of operation of any such machine, equipment, device or contrivance capable of being a source of air contamination

(L. 1965 S. B. 132 (16)