Journal of Environmental and Sustainability Law Missouri Environmental Law and Policy Review Volume 5 Article 7 Issue 3 1997 1997 Missouri Attorney General Enforcement Actions Follow this and additional works at: https://scholarship.law.missouri.edu/jesl Part of the Environmental Law Commons Recommended Citation Missouri Attorney General Enforcement Actions , 5 Mo. Envtl. L. & Pol'y Rev. 185 (1997) Available at: https://scholarship.law.missouri.edu/jesl/vol5/iss3/7 This Missouri Attorney General Enforcement Action is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Journal of Environmental and Sustainability Law by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Attorney General Enforcement Actions action in April by the Missouri Department of Natural Resources. MISSOURI ATTORNEY GENERAL The lawsuit asks the court ENFORCEMENT ACTIONS to order the defendants to transport their wastewater to another permit- ted facility until a proper treatment facility can be installed at the restaurant. Nixon also wants the Napalm Train Denied Passage Nixon Sues Owners, Manager of defendants to be required to submit Through Missouri Pizza Hut in Shell Knob to Stop plans for a proper facility to the This Spring, a train carry- Pollution of Table Rock Lake MDNR for approval and then for ing 12,000 gallons of napalm On May 14, 1998, Mis- the defendants to construct and destined for an Indiana facility was souri Attorney General Jay Nixon operate that facility in compliance turned back from Missouri on its asked the Barry County Circuit with the law. Nixon is also seeking way from a U.S. Naval ordnance in Court to issue an order to immedi- appropriate penalties in the case. California. ately stop wastewater discharges The Missouri Clean Water Law On April 22, 1998, Mis- from the Hinkle Point Pizza Hut allows for civil penalties of up to souri Attorney General Jeremiah into Table Rock Lake. Nixon is $10,000 per day per violation. W. (Jay) Nixon stated in an Earth seeking the injunction against the Day speech that Missouri officials owners and the manager of the Owners of Former Herbicide and citizens have a right to know Pizza Hut, located in Shell Knob, Facility in North Kansas City about shipments of dangerous cargo because of water pollution prob- Sued for Hazardous Waste that pass through the state. Nixon lems from the restaurant's wastewa- Violations further stated that the incident ter treatment facility. On May 15, 1998, Mis- demonstrated the problem of lim- "Table Rock is a lake with souri Attorney General Jay Nixon ited or no notification to the public, high quality water, and we must stated that a site in North Kansas particularly by the Department of make every effort to protect this City where herbicides were manu- Defense. valuable recreational resource for factured and stored for more than 40 "Although this train has our children and grandchildren," years contains leaking drums of turned back, it does not excuse the Nixon said. "Callous disregard in hazardous waste and needs to be Navy from failing to comply with polluting not only harms the properly cleaned up. applicable federal and state envi- enviromnent, it takes economic Nixon filed a petition for an ronmental laws, which would have advantage of those businesses that injunction anc civil penalties on required public participation in the comply with Missouri laws." May 15 in Clay County Circuit process." Nixon said. "State and In addition to violations Court against K.C. 1986 Limited local emergency officials need to caused by improperly treated waste- Partnership and Donald E. Home, know about shipments of hazardous water, Nixon said the restaurant the owners of the site at 2251 cargo that move through our state so violated Missouri drinking water Armour Road, asking that they be they can be prepared in the event of laws by installing an unprotected held responsible for the proper an emergency." connection between their drinking cleanup and disposal of more than Nixon communicated his water lines and the sewage lines in 100 55-gallon drums. The Armour concerns about the napalm train an effort to dilute the sewage as a Road site was used by several specifically and dangerous cargo way to treat it. companies from 1942 to 1986 to shipments in general last week in a Named as defendants in the manufacture, blend, store, and letter to Secretary of the Navy John lawsuit are owners William S. and distribute herbicides. Dalton. Nixon told Dalton his Delores Atherton, of Tulsa, Okla- Tests by the Missouri. office may take legal action if it homa; owners pat M. and Jetta Sue Department of Natural Resources finds that the Navy violates federal Murphy, of Bartlesville, Oklahoma; showed the contents of some of the or state laws with its shipments. and manager Lynn Smith, of Shell drums contain high levels of arsenic Knob. The case was referred to the and other possible contaminants. Attorney General's Office for legal Several of the drums were leaking MELPR 185 Vol. 5 *No. 3 or bulging, with no proper contain- ment system in place. Nixon said the site failed to meet several other standards set by law for the storage WHERE CAN YOU GET BACK of hazardous waste. VOLUMES AND ISSUES? "Hazardous waste requires proper handling, storage and dis- ORDER THROUGH HEIN! posal, all ofwhich are lacking here," Nixon said. "It is vital that those responsible are held accountable for We have obtained the entire back stock, cleaning up this site." reprint and microform rights to Nixon is asking the court to order the defendants to comply with Missouri's hazardous waste laws and to assess civil penalties of up to MISSOURI ENVIRONMENTAL $10,000 per day for any hazardous LAW AND POLICY REVIEW waste violations. , I Complete sets to date are now available. We can also furnish single volumes and issues. WILLIAM S. HEIN & CO., INC. 1285 Main Street Buffalo, NY 14209 (800) 828-7571 or (716) 882-2600 MISSOURI GOVERNMENTAL ENVIRONMENTAL SOURCES ONLINE Missouri State Government Home Page http://www.state.mo.us Missouri Department of Conservation Home Page http://www.state.mo.us/conservation Missouri Department of Natural Resources Home Page http://www.'state.mo.us/dnrlhomednr.htm Missouri Department of Health Home Page http://www.health.state.mo.us Missouri Department of Public Safety Home Page http://www.dps.state.mo. us 186 MELPR.