Koster sues owners of mobile home park

Nick Rees May 4, 2010, 2:11pm


JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster has filed a lawsuit against a Malibu, Calif., couple for violating Missouri's Clean Water Law.

The lawsuit names David Ott and Sandra Ott, the owners of Westgate Mobile Home Park in Mexico, Missouri. A three-cell wastewater treatment lagoon serves the mobile home park.

Inspections by the Missouri Department of Natural Resources, Koster said, revealed that water contaminants were allowed by the defendants to run off from the lagoon into an unclassified tributary of Brushy Creek. Brushy Creek runs near the Westgate Mobile Park.

According to Missouri Department of Natural Resources inspections, the Otts failed to safely maintain the lagoon and to protect visitors from unnecessary hazards.

Additionally, the Otts were found to have failed to pay permit fees, renew their permit, submit quarterly discharge monitoring reports and to get certification to operate a wastewater treatment facility or hire someone certified to operate the facility for them.

David Ott was contacted by Koster's office with a proposed settlement that included a schedule of compliance. The schedule required that Ott obtain an engineer's evaluation with suggestions for upgrading the deteriorating wastewater treatment facility. Ott refused to settle, Koster said.

"The defendants were given the opportunity to correct violations of Missouri's clean water laws," Koster said.

"This office will aggressively pursue those who show disregard for our environmental laws."

Koster's lawsuit seeks preliminary and permanent injunctions to require David Ott and Sandra Ott to comply with the Clean Water Law and a civil penalty that will not exceed $10,000 per day for each violation of the Clean Water Law. Koster is also seeking payment of delinquent permit fees with interest and all costs associated with the case.

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