Mo. AG files water lawsuit

Keith Loria Jun. 22, 2010, 3:15pm


JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster has filed a lawsuit against a Camden County business and its owner, claiming they are in violation of the state's Clean Water Law.

The suit charges Osage Lakeshore Ltd. and its president, Clayton Fink, with five violations of environmental laws that threaten the health and safety of people using the Lake of the Ozarks.

Osage Lakeshore owns and operates Mickeyland Mobile Home Park in Sunrise Beach, which has a recirculating sand filter wastewater treatment system. During two inspections by the Department of Natural Resources in September 2008 and July 2009, untreated wastewater was discovered overflowing from the collection system into the Lake of the Ozarks, Koster claims.

The inspections found excessive vegetation covering the sand filter and other parts of the wastewater treatment facility, Koster claims. DNR records also allege that the effluent had periodically gone above permitted limitation for fecal coliform and total residual chlorine.

"The defendants were given the opportunity to correct violations of Missouri's clean water laws but were unwilling to cooperate to bring the facility into compliance," Koster said. "This office will aggressively pursue those who show disregard for our environmental laws."

The suit seeks preliminary and permanent injunctions against Osage Lakeshore to force them to comply with the Clean Water Law and prohibit further operation of the Mickeyland wastewater treatment facility until it is repaired and upgraded. Koster also is seeking a civil penalty not exceeding $10,000 per day for each violation and for the defendants to pay any costs incurred with the case.

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