News Release 037

Department of Natural Resources refers case against East Shores Addition Homeowners Association, Inc. to Attorney General for enforcement action

Volume 38-037 (For Immediate Release)
Contact: Larry Archer

JEFFERSON CITY, MO, FEB. 2, 2010 -- The Missouri Department of Natural Resources referred the case against a Camden County homeowners' association to the Missouri Attorney General's Office to pursue legal action for violations of Missouri's Clean Water Law.

The department referred the case against East Shores Addition Homeowners Association, Inc. to the attorney general alleging clean water law violations at the East Shores Addition located off Lake Road 7-9NR, near Lake Ozark in Camden County.

The wastewater treatment facility serving the homes in East Shores Addition consists of a septic tank and recirculating sand filter with chlorination. Effluent from the wastewater treatment facility discharges to the Lake of the Ozarks.

In October 2009, the department inspected and reviewed the file for the facility as part of the sweep ordered by Gov. Jay Nixon. The department documented the association failed to submit accurate and timely discharge monitoring reports as required by the operating permit. Furthermore, East Shores Addition failed to name a valid continuing authority, which identifies a permanent organization responsible for operation and maintenance of a facility.

In addition, department records indicate the facility's operating permit expired on Feb. 17, 2009. Due to the continuous nature of these violations, the department has referred this matter directly to the Attorney General's Office.

The Missouri Clean Water Law exists to protect public and environmental health and the department is responsible for enforcing the law and regulations.

The department's enforcement actions help protect human health and the environment by requiring facilities to maintain compliance. The main goal in any enforcement action is to work with a facility to successfully achieve compliance with the standards and then ensure it has the tools to remain in compliance. As part of that process, penalties may be used to ensure future compliance by removing the economic benefit of continued noncompliance.

The department strives to work with owners and operators to fix problems before an issue is referred. In situations where the responsible party is unwilling or unable to cooperate to bring the facility into compliance and be protective of human health and the environment, the department will refer the case.

For more information, contact the department's Water Protection Program at 573-751-1300 or call toll-free at 800-361-4827.