Attorney General's News Release

May 10, 2006

Nixon files pair of lawsuits against Blue Springs developers for polluting creeks with sediment from erosion

Kansas City, Mo. — Attorney General Jay Nixon is going to court to seek penalties and injunctions against developers in two separate Jackson County cases, both over charges that the defendants violated the Missouri Clean Water Law by not controlling erosion from their development.

Nixon's lawsuits charge Parker Construction, developer of the Hidden Pointe subdivision in Blue Springs, and Briarwood Oaks Estates and Timber Oaks Development Company and owners Carl and Paul Gimmaro, also of Blue Springs. The lawsuits were filed in Jackson County Circuit Court.

“Environmental responsibility is the obligation for every developer in Missouri,” Nixon said. “Those whose carelessness or wanton neglect of our state laws end up causing pollution of our water or air will be held accountable by my office.”

In the Parker lawsuit, Nixon is alleging that the defendant was cited with three notices of violation by the Missouri Department of Natural Resources in 2005 for failing to implement proper erosion and sediment control at the subdivision while also allowing water contaminants to be discharged into a tributary of Burr Oak Creek. On that count, Nixon is asking the court to order the defendant to bring the site into compliance with the state clean water law and to assess civil penalties.

The second count of the Parker lawsuit involves a breach of contract allegedly committed by the defendant. In 2004, Parker entered into a settlement agreement with the DNR to resolve 2003 violations of the Clean Water Law. The agreement required the defendant to pay a civil penalty of $9,000 that was suspended for two years contingent upon Parker's compliance with the terms of the Missouri Clean Water law. The lawsuit charges that the company's 2005 violations constitute non-compliance with the agreement, and an obligation to pay the $9,000 civil penalty. On this count, Nixon is asking the court to order the defendant to pay the penalty and to comply with the Clean Water Law.

In the Briarwood Oaks Estate lawsuit, Nixon is alleging that the DNR conducted four inspections of the subdivision and each time found that the defendants failed to implement adequate erosion control measures. Two of the inspections also revealed that water contaminants had been discharged into a tributary of Lake Tapawingo.

The lawsuit is asking the court to order the defendants to install and maintain any necessary erosion and storm water control measures; to immediately enroll a representative for the defendants in a DNR-approved training course regarding erosion-control techniques; to assess against the defendants a civil penalty not to exceed $10,000 per day for each violation of the Missouri Clean Water Law; to issue an injunction against the defendants enjoining them to comply with the Missouri Clean Water Law and its regulations, and to require the defendants to pay all costs associated with the case.

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 the Press Secretary.

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