Safe Drinking Water Act Enforcement: Missouri Department of Natural Resources and Wayne County Campground Enter into Administrative Order and Consent

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Missouri Department of Natural Resources (“MDNR”) and Thompson Hollow Farms, LLC (“Thompson”) entered into a December 11th Administrative Order on Consent (“Order”) addressing alleged violations of the Missouri Drinking Water Law. See Order No. PDWB-2023-213.

Thompson is stated to own a transient noncommunity public water system (“System”) which is known as River Valley Campground.

The System is located in Wayne County, Missouri, and operates from April to October each year. Further, the System is described as supplying water (through 75 service connections) through a distribution system to an estimated 225 people. It is stated to consist of one groundwater well, one pressure tank, and a distribution system.

MDNR is stated to have conducted a compliance assistance visit on August 25, 2020. It is stated to have determined that the River Valley Campground was a public water supply. Instructions were provided on sampling requirements and a permit to dispense application.

MDNR is stated to have mailed to Thompson an activation letter that assigned a public water supply identification number and a guidance packet to explain the monitoring program on August 31, 2020. In response Thompson submitted a permit to dispense application on September 23, 2020.

A report of inspection is stated to have been mailed to Thompson on May 26, 2021, for a routine inspection that was conducted on May 13, 2021. The two deficiencies identified included:

  • Failure to maintain required system records
  • Using an unapproved well with no permit to dispense

The report is also stated to have noted that the System did not have a coliform site sampling plan available for review.

MDNR classified the System’s well as a noncompliant well on September 23, 2021.

A Notice of Violation (“NOV”) is stated to have been sent to Thompson on December 29, 2021, for failure to consult regarding appropriate corrective actions and failing to correct deficiencies. On March 28, 2022, an NOV was provided to Thompson for failing to notify customers of the failure to correct a deficiency. In addition, on August 22, 2022, Thompson was provided an NOV for failing to notify customers of a failure to collect a triggered source water and repeat samples following a total coliform positive routine sample.

MDNR is stated to have conducted an Investigation of Unsafe Samples on May 24th following a total coliform positive routine sample in the May 2023 monitoring period.

The Order provides that Thompson does not have a permit to dispense water to the public. As a result, the Order is stated to be necessary to compel compliance and to prevent or eliminate threats to human health and the environment.

The Order alleges the following violations:

  • Failure to notify the affected public of violations
  • Use of a well for noncommunity purposes after July 27, 1987, and prior to June 15, 2007, that does not meet noncommunity water system construction standards
  • Dispensing of water to the public without first obtaining a written permit to dispense and continuing to do so

The Order outlines certain corrective actions that Thompson is required to undertake pursuant to relevant deadlines.

A civil penalty of $500 is assessed. Such amount is required to be payable to the Wayne County Treasurer, as custodian of the Wayne County School Fund.

A copy of the Order can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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