News Release 001

Hawthorne Trace Homes Association Inc. referred to Attorney General for enforcement action for Missouri Clean Water Law violations

Volume 37-001 (For Immediate Release)
Contact: Renee Bungart

JEFFERSON CITY, MO, JAN. 4, 2010-- The Missouri Department of Natural Resources today referred Clayton Fink, owner of the Hawthorne Trace subdivision located in Morgan County to the Missouri Attorney General's Office to pursue legal action for wastewater violations.

On Oct. 21, the department conducted an inspection of the wastewater treatment facility serving the Hawthorne Trace subdivision as part of a sweep ordered by Gov. Jay Nixon. During this inspection, staff documented the owners failed to submit an engineering report evaluating performance of the wastewater treatment facility required by a schedule of compliance in the operating permit; failed to operate and maintain its facilities to comply with the Missouri Clean Water Law and applicable permit conditions by failure to maintain ultraviolet disinfection during the recreation season as required by the operating permit; allowed water contaminants in a location where they are reasonably certain to cause pollution of waters of the state; failed to submit complete and timely discharge monitoring reports in May 2008, and in May and August 2009; and failed to comply with the effluent limits for Total Suspended Solids in June and July of 2008, and in June 2009, for Fecal Coliform in June 2008, and for Biochemical Oxygen Demand in June 2009, as required by the operating permit.

The Missouri Clean Water Law exists to protect public and environmental health and the department is responsible for enforcing the law and regulations.

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 future violations and to remove the economic benefit of continued noncompliance.

The department strives to work with owners and operators to fix problems before an issue is referred. In situations where the responsible party is unwilling or unable to cooperate to bring the facility into compliance and be protective of human health and the environment, the department will refer the case to the Attorney General's Office for legal action.

For more information, contact the department's Water Protection Program at 573-751-1300 or call toll-free at 800-361-4827.