Mo. AG sues Polk Co. developer

By Bryan Cohen | May 21, 2013

JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster filed a lawsuit against a Polk County real estate developer on Monday for alleged violations of the state's Clean Water Law.

Dewey Smith allegedly neglected to get department approval for a wastewater-treatment system for a development project in Polk County. Smith submitted a proposal to build wastewater treatment systems at the Deer Meadows Subdivision. The Missouri Department of Natural Resources told Smith that the proposal could endanger groundwater resources.

Smith allegedly proceeded with construction without the approval of the DNR, leaving multiple homeowners without an adequate option for wastewater treatment.

"Missourians have a right to expect sensible real-estate development that protects residents' health and safety," Koster said. "Our office won't look the other way when developers cut corners, endanger groundwater resources, and leave unsuspecting homeowners with the tab."

Koster's lawsuit requests that the court issue an injunction that would require Smith to comply with the Missouri Clean Water Law. Koster is also seeking civil penalties of up to $10,000 for each Missouri Clean Water Law violation and the payment of all court costs.

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