Attorney General's News Release

September 12, 2012

Attorney General Koster sues Boone County business for clean water violations

Jefferson City, Mo. – Attorney General Chris Koster has filed a lawsuit in Boone County against John Payne and Payne Enterprises, Inc., alleging multiple violations of Missouri’s Clean Water Law. The lawsuit seeks an injunction to prevent future violations and civil penalties, among other relief.

“Clean water laws exist to maintain clean drinking water and to maintain Missouri’s natural beauty,” Koster said. “Our office will pursue those who violate the law.”

Koster said John Payne and Payne Enterprises own and operate the wastewater treatment facilities at Little City Mobile Home Park in Boone County, Tower Mobile Home Park in Callaway County, and Westgate Mobile Home Park in Audrain County.

Koster alleges that Mr. Payne and his company violated the Missouri Clean Water Law
at the Tower Mobile Home Park by:

• failing to submit Discharge Monitoring Reports;
• failing to maintain the inner berm slopes of the lagoon to be no steeper than four to one and removing deep-rooter vegetation growing on lagoon berms; and
• failing to properly mark the location of the outfall, providing a lockable gate, and providing adequate fencing to prevent unauthorized access.

at the Westgate Mobile Home Park by:

• operating without a Missouri State Operating Permit;
• causing or permitting the discharge of untreated or undertreated wastewater in a location where it was reasonably certain to cause pollution to Brushy Branch;
• failing to maintain the inner berm slopes of the lagoon to be no steeper than four to one and removing deep-rooter vegetation growing on lagoon berms;
• failing to properly mark the location of the outfall, providing a lockable gate, and providing adequate fencing to prevent unauthorized access;
• failing to submit Discharge Monitoring Reports; and
• failing to pay annual permit fees, late penalties, and interest in the amount of $477 for the year 2012.

at the Little City Mobile Home Park, by:

• failing to renew the Missouri State Operating Permit;
• failing to submit Discharge Monitoring Reports; and
• failing to submit Annual Operations Reports.

Koster is asking the court to issue a preliminary and permanent injunction to prohibit Payne from committing any further violations of the Clean Water Law; to assess a civil penalty of up to $10,000 per day for each violation of the Clean Water Law; and to assess unpaid annual Missouri State Operating Permit fees, late penalties, and interest.