Water Enforcement: Missouri Department of Natural Resources and Knox City, Texas Aviation Company Enter Into an Abatement Order on Consent

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

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The Missouri Department of Natural Resources (“MDNR”) and Cedar Ridge Aviation, LLC (“Cedar Ridge”) entered into an Abatement Order on Consent (“AO”) addressing an alleged violation of the Missouri Clean Water Law. See Order No. 2018-WPCB-1549.

The AO describes Cedar Ridge as an aviation company located in Knox City, Texas.

Cedar Ridge is stated to have been contracted by MFA, Incorporated (“MFA”) to apply agricultural chemicals in Lafayette County, Missouri.

A Cedar Ridge vehicle trailer is stated to have been involved in a single vehicle accident on July 17, 2015, in Lafayette County, Missouri near Dyer Rock Creek. The vehicle’s trailer is stated to have been transporting agricultural chemicals which were released and resulted in a fish kill in the creek.

The AO provides that MDNR’s Environmental Emergency Response Unit responded to the release on July 17, 2015. A local MFA crew is stated to have used two backhoes to install three dams in the creek containing the spill. Dead and dying fish in the creek upstream of the third dam was observed by staff. Further, Missouri Department of Conservation staff are stated to have observed contamination impacting approximately 1,725 feet of the receiving stream.

MDNR incurred costs of $5,615.69 in undertaking water sampling and travel expenses.

The AO alleges that Cedar Ridge violated the Missouri Clean Water Law and its implementing regulations:

…Caused pollution of an unnamed tributary of the dyer Rock Creek, waters of the state, or placed or caused or permitted to be placed water contaminants (agricultural chemicals) in a location where it is reasonably certain to cause pollution of waters of the state, in violation of Sections 644.051.1 (1) and 644.076.1, RSMo.

AO requires Cedar Ridge to pay damages and costs in the amount of $5,615.69.

A copy of the AO can be downloaded here.

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