Koster

JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster filed a lawsuit on Wednesday against a Boone County business and its owner for allegedly engaging in multiple violations of the state's Clean Water Law.

Payne Enterprises Inc. and John Payne, the company's owner, own and operate wastewater treatment facilities at Westgate Mobile Home Park in Audrain County, Tower Mobile Home Park in Callaway County and Little City Mobile Home Park in Boone County.

At the Westgate Mobile Home Park, the defendants allegedly operated without a Missouri state operating permit, caused or permitted the discharge of under-treated or untreated wastewater in a location likely to cause pollution to Brushy Branch, failed to maintain the inner berm slopes of the lagoon to be no steeper than four to one, failed to remove deep-rooter vegetation growing on lagoon berms, failed to properly mark the location of the outfall, failed to provide a lockable gate, failed to provide adequate fencing to prevent unauthorized access, failed to submit discharge monitoring reports, and failed to pay annual permit fees, late penalties and interest in the amount of $477 for the year 2012.

At the Tower Mobile Home Park, the defendants allegedly failed to submit discharge monitoring reports, failed to maintain the inner berm slopes of the lagoon at no steeper than four to one, failed to remove deep-rooter vegetation growing on lagoon berms, failed to properly mark the location of the outfall, failed to provide a lockable gate and failed to provide adequate fencing for the prevention of unauthorized access.

At the Little City Mobile Home Park, the defendants allegedly failed to submit annual operations reports and discharge monitoring reports and failed to renew the Missouri state operating permit.

The lawsuit seeks an injunction to prevent future violations and require the defendants to pay civil penalties and other relief.

Koster also requested that the court assess unpaid annual Missouri state operating permit fees, late penalties and interest, assess a civil penalty of up to $10,000 per day for each Clean Water Law violation, and issue a preliminary and permanent injunction to prohibit Payne from committing any further Clean Water Law violations.

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