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Attorney General's News Release

April 14, 2010

Attorney General Koster asks courts to find Phelps County man in contempt of court for dam and reservoir safety violations

 Jefferson City, Mo. - Attorney General Chris Koster has filed court documents asking that Warren Dean be found in contempt of court for failing to comply with an October 2008 court order related to violations of the Missouri Dam and Reservoir Safety Law.

Koster said that in addition to a $10,000 civil penalty, the court ordered Dean to complete repairs, upgrades, and monitoring schedules to Brays Lake Dam by February 1, 2009.  The court also ordered Dean to open the dam's draw-down valve and lock it open until modifications to the dam were complete.

Koster said Dean has not sealed the leak in the dam and has not demonstrated that he has completed widening the dam's spillway.  In addition, on at least three occasions Dean deliberately closed the dam's draw down valve in violation of the court's order.

Koster said his office is asking the court to find Dean in contempt of court to ensure compliance with the law and to assess civil penalties.

"Mr. Dean's defiance of the court's order creates an unreasonable threat to public safety and the environment," Koster said.  "Consumers have a right to expect that public dams and reservoirs are safe.  Our office will not look the other way when businesses fail to comply with the law."



 
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