Attorney General's News Release

March 19, 2008

Owners of now-closed Shooters 21 pay $10,000 penalty, must correct environmental violations in order obtained by Nixon

Camdenton, Mo. — The owners of Shooters 21, a now-closed restaurant and marina at the Lake of the Ozarks, have paid a $10,000 penalty and were required to take several actions to correct numerous past environmental problems under a consent judgment and permanent injunction obtained today by Attorney General Jay Nixon.

Nixon sued John Teichman, Tyke Entertainment Inc., and Brotaass L.L.C. in 2004, for violating numerous Missouri environmental laws, including dispensing fuel for boats from underground storage tanks that had been ordered to remain empty; operating a public drinking water system without a permit and without doing proper testing of the water; and openly burning construction waste from the business.

Under the order from the Camden County Circuit Court, the defendants were required to:

• Empty and remove all underground storage tanks at Shooters;
• Commence permanent closure of the tanks, in compliance with applicable Missouri laws, and perform any testing of soil or groundwater and any remedial work required by the Missouri Department of Natural Resources (MDNR);
• Refrain from all open burning of trade waste or demolition waste, and comply with the Missouri Air Conservation Law in the future;
• Sever all connections between Shooters’ existing well and the potable water system serving Shooters and permanently close and abandon those wells; and
• Connect Shooters to the Osage Beach public water supply, if Shooters is re-opened or the defendants otherwise develop the property.

In addition to the corrective action, the defendants were ordered to pay a civil penalty of $14,000 to the State of Missouri. The court suspended $4,000 of the penalty if the defendants comply with the terms and conditions of the consent judgment.

“This order addresses what had been a variety of long-standing environmental problems at this popular facility, and ensures future compliance with the law by the owners of this site,” Nixon said.

Missouri regulations required that underground storage tanks have certain upgrades performed by Dec. 22, 1998 to protect against spills, overfills and corrosion. An April 2001 inspection by the MDNR found the two 8,000-gallon tanks at Shooters did not meet the upgrades required, and the defendants were ordered to bring the tanks into compliance. Subsequent inspections found the upgrades had not been made, and the MDNR ordered the tanks to be empty in temporary closure. A May 2004 inspection found the tanks in operation and filled with petroleum.

Nixon says the defendants also violated state law by operating a public drinking water system without a permit from a well at the facility. MDNR inspections inspected the drinking water system and found that the defendants failed to submit water samples to the state to analyze for bacterial content.

The lawsuit also alleged that MDNR staff found evidence of illegal open burning of business and trade waste from Shooters, including cardboard, plywood, foam rubber and plumbing fixtures.

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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).

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