Missouri Clean Water Commission refers eight cases to Attorney General for enforcement action

For more information: 573-751-1010
Volume 37-297 For Immediate Release: Sept. 3, 2009

JEFFERSON CITY, MO, -- The Missouri Department of Natural Resources and the Clean Water Commission has asked the Missouri Attorney General's Office to pursue legal action against eight Missouri businesses for violations of Missouri’s Clean Water Law and Regulations. The Department contacted the business owners of these sites multiple times, but has not received an adequate response.

The commission, at its Sept. 2 meeting in Springfield, voted to refer the cases to the Attorney General's Office to compel compliance and to seek an appropriate civil penalty for violations at the sites.

The Department’s enforcement actions help protect human health and the environment by requiring facilities to maintain compliance. The Department’s main goal in any enforcement action is to work with a facility to successfully achieve compliance with the standards and then ensure they have the tools to remain in compliance. As part of that process, penalties may be used as a deterrent to ensure future compliance and to remove the economic benefit of continued noncompliance.

The Department has asked the Attorney General to take enforcement actions against:

Peacock Properties, Boone County – owns an apartment complex known as Peacock Properties. Wastewater from the apartment complex is treated by a wastewater treatment facility. The facility’s state operating permit expired on Jan. 27, 2005. The Department has conducted several inspections of the facility and documented operation and maintenance problems with the wastewater treatment lagoon. Department records indicate the Department has not received the annual discharge monitoring reports for the past 5 years and the facility is still operating without a valid permit.

Village Inn Trailer Court, Washington County – consists of one house and 14 mobile homes located in Potosi. Wastewater generated by the homes is treated by a recirculating sand filter with ultraviolet disinfection. Effluent from the filter discharges to a losing tributary to Mine A Breton Creek. The Department has conducted several inspections of the site and documented that the effluent is pooling on the surface of the filter. Discharge monitoring reports submitted to the Department show the effluent is chronically violating permitted effluent limits for biochemical oxygen demand, total suspended solids and fecal coliform.

Westgate Mobile Home Park, Audrian County – consists of 15 single family homes located near Mexico. The wastewater treatment facility discharges effluent to an unclassified tributary to Brushy Creek. The Department has conducted several inspections at the facility. Staff has observed evidence of overflows from the collection system and lack of proper operation and maintenance. Westgate Mobile Home Park has also failed to submit monthly discharge monitoring reports and is delinquent in their permit fees to the state.

Prairie View Mobile Home Park, Lincoln County – a corporation that operates and maintains the wastewater system for the homeowners of Prairie View Mobile Home Park located west of Troy. The mobile home park contains approximately 12 mobile homes and lots served by a wastewater treatment facility. The facility discharges effluent to Crooked Creek. Department staff conducted several complaint investigations and inspections at the facility and observed evidence of untreated sewage bypassing from the pump station. The facility’s Missouri State Operating permit expired in 2006.

Rocky Ridge Manor Wastewater Treatment Facility, Wright County – New Vision Care Associates II Inc. formerly owned and operated a residential care facility known as Rocky Ridge Manor located at 3111 Hwy A, Mansfield. Wastewater from Rocky Ridge is treated by an extended aeration, tertiary filtration wastewater treatment facility that discharges into a losing tributary to Fry Creek. The Department has conducted two inspections of the facility and observed lack of operation and maintenance at the facility. A review of quarterly discharge monitoring reports revealed Rocky Ridge has exceeded permit effluent limits in one or more parameters during all 16 quarters with two reports missing.

Spanburg Investment LLC, Camden County - Mr. Dan Spanburg owns and is developing five residential lots within the Chelsea Rose Estates Subdivision located near Sunrise Beach. The Department conducted several complaint investigations and inspections at the development. Staff observed unpermitted land disturbance activities at the site with Best Management Practices not in place and sediment deposits in the Lake of the Ozarks below the site.

Wellington Woods Subdivision, Morgan County - Mr. Dan Spanburg owns and is developing a 19.5 acre property known as Wellington Woods Subdivision. The Department conducted several complaint investigations and inspections at the development. Staff observed unpermitted land disturbance activities at the site with very few Best Management Practices on-site and those found were not being maintained. The Department also documented evidence of soil erosion in those locations.

Double E Construction, Adair County - Double E Construction was installing a concrete storm sewer for Truman State University in Kirksville. During the course of the project, Double E Construction exposed and caused a break in the sanitary sewer. Raw sewage was released into the trench dug for the storm sewer. The sewage flowed first in the trench, then in a short section of the newly constructed storm sewer and then in a surface drainage ditch for a total of about 300 feet to Bear Creek. The Department of Conservation documented a fish kill in Bear Creek. The Department sampled and performed analysis for pH, temperature, dissolved oxygen, conductivity, and ammonia as nitrogen and results indicate a violation of water quality standards was caused by the sewage release.

Missouri's Clean Water Law exists to protect public and environmental health and the Department is responsible for enforcing the law and regulations.

The Department strives to work with owners and operators to fix problems before the issue is brought to the commission. In situations where the responsible party is unwilling to cooperate to bring the facilities into compliance and be protective of environmental and human health, the Department will refer the cases to the commission.

Additional information about the commission, including supporting documents related to this compliance case, is available on the Department's website at www.dnr.mo.gov/env/wpp/cwc. For more information contact the Department's Water Protection Program at 573-751-1300 or call toll-free at 800-361-4827.