Attorney General's News Release

June 14, 2004

Nixon files suit against owners of Lake of the Ozarks restaurant and marina for environmental violations

Jefferson City, Mo. —Attorney General Jay Nixon is suing the owners of Shooters 21, alleging they violated numerous Missouri environmental laws at the restaurant and marina on the Lake of the Ozarks, including dispensing fuel for boats from underground storage tanks that had been ordered to remain empty; operating a public drinking water system without a permit and without doing proper testing of the water; and openly burning waste from the business. The lawsuit was filed in Camden County on June 10 against John Teichman, Tyke Entertainment Inc. and Brotaass L.L.C.

"This restaurant and marina need to comply with our laws that protect the environment," Nixon says. "For too long, they have ignored those laws and put human health and the environment at risk."

Missouri regulations required that underground storage tanks have certain upgrades performed by Dec. 22, 1998, to protect against spills, overfills and corrosion. An April 2001 inspection by the Missouri Department of Natural Resources found the two 8,000-gallon tanks at Shooters did not meet the upgrades required, and the defendants were ordered to bring the tanks into compliance. Subsequent inspections found the upgrades had not been made, and the MDNR ordered the tanks to be empty in temporary closure. A May 2004 inspection found the tanks in operation and filled with petroleum.

Nixon says the defendants also violated state law by operating a public drinking water system without a permit from a well drilled behind the facility. MDNR inspected the drinking water system and found that the defendants failed to submit water samples to the state to analyze for bacterial content.

The lawsuit also alleges that MDNR staff found evidence of illegal open burning of business and trade waste from Shooters, including cardboard, plywood, foam rubber and plumbing fixtures.

Nixon is asking the court to order Shooters 21 to stop further violations of state environmental laws by either permanently closing the underground storage tanks or bringing the tanks into compliance; by stopping all illegal burning of waste; and by doing the required testing and obtain required permits for the drinking water system. The lawsuit also asks the defendants be ordered to pay appropriate penalties to the state.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818