May 10, 2007
Kansas City, Mo. — The developers of a Blue Springs residential subdivision will pay a $15,000 penalty to the state of Missouri for allowing erosion to pollute a tributary of Lake Tapawingo, Attorney General Jay Nixon said today. The developers of Briarwood Oaks Estates also will install any necessary erosion and storm water control measures and take other steps to control runoff from the site.
The provisions are contained in a consent judgment Nixon filed in Jackson County Circuit Court between his office, the Missouri Department of Natural Resources and Timber Oaks Development Co.; owners Carl Gimmarro and Paul Gimmaro; and the Briarwood Oaks Estates Homes Association. Several inspections by the MDNR determined that the defendants had not implemented the proper erosion controls and had polluted the nearby stream.
"When developers engage in land disturbance, they have an obligation to make certain those activities don't pollute the state's streams and lakes," Nixon said. "In this instance, the appropriate controls were not in place, and runoff from the subdivision was polluting this branch of Lake Tapawingo. This court order imposes a significant penalty, but more importantly, requires the developers to install the types of measures they should have been using all along."
The consent judgment requires the defendants to pay $15,000 to the Jackson County School Fund. An additional $20,000 of the penalty has been suspended, provided the defendants do not violate the Missouri Clean Water Law for two years. In addition to the measures that must be installed to control erosion and storm water runoff, the defendants also must enroll a representative in a training course regarding erosion control and storm water runoff for land disturbance sites that has been approved by the MDNR.