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Attorney General's News Release

May 18, 2010

Attorney General Koster sues Camden County businesses for clean water violations

Jefferson City, Mo. - Attorney General Chris Koster has filed lawsuits in Camden County against four area businesses that operate wastewater treatment facilities for violations of Missouri's Clean Water Law.

Koster said Wheelhouse Marina, in Lake Ozark, owns and operates an extended aeration wastewater treatment system designed for a population of 78. The system discharges into the Lake of the Ozarks. He said the permit for the system required Wheelhouse to submit an engineering report and construction permit application to install a dechlorination system. Inspections by the Missouri Department of Natural Resources (DNR) showed the marina has not submitted the report or application and has not installed a dechlorination system. In addition, Wheelhouse violated the law by collecting water samples from a contact chamber rather than a sampling port and serving a population in excess of 78.

Admirals Point, LLC, owns and operates a recirculating sand filter wastewater treatment system in Climax Springs that discharges to the Lake of the Ozarks. Koster said Admirals Point failed to renew its operating permit within the time limits required by law and failed to submit monthly monitoring reports, as required by law.

Tahoe-Ozark Land Investment, LLC, owns and operates an extended aerations wastewater treatment system that serves Captains Galley, a restaurant located in Camdenton. The system discharges into the Lake of the Ozarks. Koster said Tahoe-Ozark's permit authorized the installation of a dechlorination system, but an ultraviolet disinfection system was installed instead. Tahoe-Ozark also failed to maintain the facility, allowing buildup of sludge and corrosion and allowing sediment and trash to clog the weir trough. Water contaminants also were discharged in violation of effluent limits set out in law.

J Bar H Estates Master Association, Inc., owns and operates a recirculating sand filter wastewater treatment facility in Camdenton that discharges to an unnamed tributary to Racetrack Hollow and then to the Lake of the Ozarks. Koster said DNR inspections showed that sample results from discharges from the treatment system indicated the presence of Fecal Coliform in excess of permit limits and that the presence of E. coli was also detected. In addition, the development failed to install a dechlorination system until after the deadline established by its permit.

"Missourians have a right to expect that waste systems are installed in compliance with the law so they won't pollute our water," Koster said. "Our office will not look the other way when businesses fail to comply with the law."

In each of the cases, Koster is asking the court to issue permanent injunctions requiring the defendants to comply with the Clean Water Law and to upgrade their facilities to be in compliance with the law; to assess a civil penalty not to exceed $10,000 per day for each violation of the Clean Water Law; and to require payment of all costs associated with the cases.

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