Attorney General's News Release

December 20, 2004

Lincoln County developer jailed for contempt ordered to make improvements to sewage system at subdivision

Troy, Mo. — A subdivision developer who was jailed last week for contempt has been released from the Lincoln County jail, but he must make environmental improvements and pay a penalty contained in a 1999 court order by Feb. 1, 2005, a judge has ruled.

Associate Circuit Judge David Mobley committed developer Michael T. Flynn to jail on Dec. 13 for failing to comply with the 1999 order. That order, the result of a lawsuit brought by Attorney General Jay Nixon, required Flynn to make necessary improvements to the wastewater treatment system at the Deer Run Estates subdivision near Troy and pay a $16,000 penalty to the state. The system was discharging inadequately treated sewage, and Flynn was not properly operating or maintaining the facility. Nixon said Flynn has not made the ordered improvements and has only paid $3,000 of the penalty in five years.

"A week in jail should show Mr. Flynn that the court and this office mean business," Nixon said. "Now he has six weeks to complete the work and pay the penalty he's been putting off for five years."

In 2003, the court ordered Flynn to show why he should not be held in contempt; Flynn agreed to a judgment of civil contempt that stayed for 180 days his being jailed on the condition he completed the improvements. When Flynn failed to comply with the order, Judge Mobley held a hearing last Monday and ordered him jailed.

Judge Mobley today rescinded his order committing Flynn, but ordered him to complete the required sewage improvements by Feb. 1. Flynn must:

• Pay the remaining $13,000 of the civil penalty.
• Collect quarterly samples and submit discharge monitoring reports to the Missouri Department of Natural Resources.
• Submit an application for construction and operating permits to the Department and pay the fees for the permits.
• Complete the improvements to the satisfaction of the Department.

The judge will hold a hearing on Feb. 1 to review Flynn's compliance with the order.

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