Bryan Cohen Mar. 20, 2013, 7:10pm

JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster announced a settlement Tuesday with the owners of a Jackson-based fitness center to resolve allegations that the business violated the Missouri Safe Drinking Water Law.

Under the terms of the settlement, Shawn and Lynn McNally, the owners of the Class Act Family Fitness Center, must pay a civil penalty of $22,500, with $15,000 suspended upon compliance with the consent judgment, and court costs. The McNallys must also come into compliance with the Missouri Safe Drinking Water Law.

The Missouri Department of Health and Senior Services looked into the facility after a number of area children became ill from consuming drinking water contaminated with the pathogenic bacterium E. coli 0157 H7. The department traced the contaminated water back to the facility and informed the Department of Natural Resources.

The McNallys previously connected the fitness center to an unauthorized farm well. The Department of Natural Resources then issued an emergency abatement order compelling the McNallys to cease use of the contaminated well.

"Missourians have a right to expect safe drinking water from their local businesses," Koster said. "Thanks to immediate corrective action taken by the Department of Natural Resources, Department of Health and Senior Services, and Cape Girardeau County Health Department, no more children were harmed as a result of the McNallys' failure to comply with basic safe drinking water rules. My office will continue to protect Missourians from those who ignore laws designed to keep the public safe."

Under the terms of the consent judgment, the McNallys must connect hand washing sinks in the restrooms of the facility to a state-approved drinking water holding tank with new water distribution and treatment systems. The system will be a regulated public water system under the Missouri Safe Drinking Water Law. The McNallys must also obtain a permit from the Department of Natural Resources to dispense drinking water to the public and refrain from supplying drinking water from the old well to the public for drinking.

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