Mo. AG files suit against resort for wasterwater violations

Keith Loria Nov. 17, 2010, 7:33pm

JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster announced on Wednesday that he has filed a lawsuit against a resort and its principal organizer for allegedly violating the state's Clean Water Act.

Buccaneer Bay LLC and its principal organizer, Ronald Duggan, allegedly were responsible for violations in the operation of a wastewater treatment facility connected to a restaurant the defendants owned called Captain Ron's.

Koster and the Department of Natural Resources allege that the defendants allowed sludge and solids to build up and collect in the treatment facility. By doing so, the defendants compromised the ability to treat the wastewater adequately.

The lawsuit also alleges that the defendants exceeded the permitted effluent limitations of Buccaneer Bay on numerous occasions and failed to submit the required one year evaluation of the treatment facility. The defendants also never installed a five foot high fence to prevent unauthorized entry, which is required by law.

"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."

Koster is seeking a court order for a preliminary and permanent injunction requiring the company to comply with the Clean Water Law. He also wants to assess a civil penalty not to exceed $10,000 per day for each Clean Water Law violation, and wants payment for all costs associated with the litigation.

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