Attorney General's News Release

June 28, 2006

Nixon obtains judgment requiring St. Joseph developer to pay $50,000 penalty for polluting area streams

St. Joseph, Mo. — A company that violated Missouri's Clean Water Law at two of its development sites in Buchanan County will pay a civil penalty of $50,000 and must implement a proper stormwater pollution prevention plan according to a consent judgment obtained by Attorney General Jay Nixon.

Earthworks Excavation Co., which is developing the Morningside Estates Subdivision and a commercial development called The Commons, was cited last year by the Missouri Department of Natural Resources after erosion from its sites polluted Candy Creek and Whitehead Creek. Department inspectors found the company was not complying with its land disturbance permits for the sites. Among the violations were:

• Silt running off the sites;
• The lack of a silt fence around the sites to prevent stormwater from running off the properties;
• Improper construction of sedimentation basins, and basin dams that were eroding and needed to be stablized and maintained; and
• Sedimentation basins that were being overtopped by stormwater.

The inspections also showed that Earthworks Excavation had failed to implement and maintain suitable Best Management Practices for erosion and sediment control at either site. The result was that erosion from The Commons development went into Candy Creek, a tributary of the Platte River, and erosion from Morningside development went into Whitehead Creek.

“Developers have a responsibility to Missouri citizens to ensure that their work sites do not compromise our clean water laws or any other of our environmental statutes,” said Nixon. “Those who get careless or merely look the other way when such pollution occurs better be ready to pay a hefty penalty.”

Under the consent judgment filed today in Buchanan County Circuit Court, Earthworks Excavation will pay a civil penalty of $50,000 to the Buchanan County School Fund for violations of the Missouri Clean Water Law. The defendant is also further ordered to comply with the terms of the general permits it was issued by DNR, including the development and implementation of a stormwater prevention plan that includes the proper erosion control practices.

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