Attorney General's News Release
February 22, 2008
Developer failed to control sediment run-off from two sites in Lincoln County, Nixon says in lawsuit
Troy, Mo. — An O’Fallon development company failed to control run-off from two sites it is developing in Lincoln County, resulting in sediment polluting nearby streams, Attorney General Jay Nixon says. Nixon filed a lawsuit in Lincoln County this week against Triad Development Company for violations of the Missouri Clean Water Law at The Hamptons, an 88-acre commercial and residential development in Troy; and at Anna Meadows, a 48-acre residential subdivision south of Moscow Mills.
The lawsuit says that inspections of The Hamptons by the Missouri Department of Natural Resources during 2006 showed heavy sediment discharges running off the site and that silt fences designed to contain run-off had been overtopped. During this time, Triad also had not implemented required measures (termed Best Management Practices) to control sediment run-off, which was polluting a tributary to the Whitcomb Branch and Cuivre River.
Similar inspections by the MDNR of Anna Meadows during 2006 showed that Triad also had not put erosion control structures or Best Management Practices in place at this development. Sediment run-off from this site has polluted a tributary of Big Creek.
“Developers have an obligation to use appropriate measures to control the run-off of soil from the areas they are disturbing,” Nixon said. “We’re asking the court to order Triad to comply with the Clean Water Law, and we’re also asking the court to impose appropriate penalties because of this long-standing problem.”
Nixon’s lawsuit asks the Lincoln County Circuit Court to issue a finding that Triad Development Company has violated the Missouri Clean Water Law at the two sites; to issue preliminary and permanent injunctions requiring Triad to comply with the terms of its permits from the MDNR to conduct land disturbance activities, and prohibiting the company from further violations of the Clean Water Law; and to assess appropriate penalties against the company for its violations of the Clean Water Law.
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