12 - dnr.mo.govP.O. Box 176, Jefferson City, Missouri, 65102. 2. Connect to an approved water supply source and plug existing drinking water wells. Defendant shall contract with a

IN THE CIRCUIT COURT OF STONE COUNTY, MISSOURI

STATE OF MISSOURI ex rel. ) Attorney General, Chris Koster, and the ) Missouri Department of ) Natural Resources, )

) Plaintiff, )

) v. )

) GEORGE C. COOK, )

) Defendant. )

Case No. llSN -CC00220

CONSENT JUDGMENT

Plaintiff, by and through its relators Attorney General Chris Koster

and .the Missouri Department of Natural Resources, and Defendant George.

Cook, by and through counsel, consent to the entry of this Consent

Judgment.

The Court has read Plaintiffs Petition for Injunctive Relief and Civil

Penalties, in which Plaintiff alleges that Defendant violated the Missouri

Clean Water Law. The Court is satisfied that the provisions of this Consent

Judgment are intended to resolve the issues raised by the Petition and that

the parties want to terminate this controversy and consent to the entry of

this judgment without trial. The Court is advised that the parties have

consented to the terms in this Consent Judgment for settlement purposes

RECEIVED

DEC 12 2016

Water Protection Program

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Stone County, Missouri Circuit Court Filed January 4, 2017

only, and that their consent is conditioned upon the Court approving the

Consent Judgment in its entirety.

Each and every term of this Judgment shall be enforceable by further

order of this Court, and to that end, the Court retains jurisdiction of the

matter in order to enforce each and every term of this Consent Judgment.

The Court finds that the terms of this Consent Judgment protect the public's

interest.

The parties, having consented to the entry of this Consent Judgment,

it is hereby ORDERED, ADJUDGED AND DECREED that:

I. Objectives ofthe Parties

1. The objectives of the parties to this Consent Judgment are to

protect human health and the environment and to resolve allegations

contained in Plaintiffs Petition.

II. Definitions

2. Terms used herein shall have the same meaning as provided in

Missouri Clean Water Law, Chapter 644 RSMo, the Missouri Safe Drinking

Water Law, Chapter 640 RSMo, and the regulations adopted thereunder. In

addition, the following terms are specifically defined:

a. "Consent Judgment" means this Consent Judgment and

all attachments, which are included by reference and fully enforceable

as a term of the judgment.

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b. "Defendant" means George Cook.

c. "Department" means the Missouri Department of Natural

Resources.

d. "Commission" means the Missouri Clean Water

Commission.

e. ''Facility" means the wastewater treatment facility and the

wastewater collection system currently serving Skyview Subdivision.

f. "Plaintiff' means the State of Missouri on the relationship

of Attorney General Chris Koster, the Department and the Clean

Water Commission.

g. "Skyview Subdivision" means a subdivision located in

Stone County platted at the Stone County Recorder's Office on

February 28th, 1995 that was Developed by George Cook.

h. "Water system" means all sources from which water is

derived for drinking or domestic use by the public, also all structures,

conduits, and appurtenances by means of which water for use is

treated, stored, or delivered to consumers, except service connections

from water distribution systems to buildings and plumbing within or

in connection with buildings served.

1. "Water supply source" means all sources of water supply

including wells, infiltration galleries, springs, reservoirs, lakes,

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streams, or rivers from which water is derived for public water

systems, including the structures, conduits, pumps, and

appurtenances used to withdraw water from the source or to store or

transport water to the water treatment facility or water distribution

system.

III. Jurisdiction and Venue

3. This Court has jurisdiction over the subject matter herein and of

the parties consenting hereto pursuant to§§ 640.130 and 644.076 RSMo.

The subject matter of this action involves Missouri Clean Water Law,

Missouri Safe Drinking Water Law, and their implementing regulations.

The Defendant's actions alleged in this petition took place in Stone County;

therefore, venue is proper pursuant to§§ 640.130 and 644.076 RSMo.

IV. Parties Bound

4. The provisions of this Order shall be binding upon the parties to

this action and Defendant George Cook shall also be responsible for

violations of this consent judgment by his assigns, heirs, agents, servants,

employees and by those who are under his supervision and/or control during

the period of time which the terms and provisions of this consent judgment

shall be in effect. Further, Defendant George Cook shall be subject to the

penalties set forth herein for any violations of the terms and provisions this

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consent judgment. Defendant shall provide a copy of this order to all persons

or entities retained to perform work required by this order.

V. Satisfaction and Reservation of Rights

5. Upon the completion of all terms of this Consent Judgment,

including the payment of civil penalties, completion of all schedules of

compliance and the payment of any stipulated penalties due under the

terms of this Consent Judgment, Defendant is relieved of liability for the

violations alleged in the petition.

6. This Consent Judgment shall not be construed to limit the

rights of the State to obtain penalties or injunctive relief under Missouri

Clean Water Law, Missouri Safe Drinking Water Law or their implementing

regulations, or under other federal or state laws, or regulations, except as

expressly stated in the preceding paragraph of this Consent Judgment.

Without limiting the foregoing, the parties expressly agree that:

a. Nothing in this Consent Judgment shall prevent the State

from applying to this Court for further orders or relief if violations of

this Consent Judgment occur.

b . Nothing in this Consent Judgment shall preclude the

State from seeking equitable or legal relief for violations of the

Missouri laws or regulations that were not alleged in the petition.

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c. Nothing in this Consent Judgment shall preclude the

State from seeking equitable or legal relief for future violations of the

Missouri Clean Water Law, Missouri Safe Drinking Water Law or

regulations promulgated under their authority.

d. The State of Missouri further reserves all legal and

equitable remedies to address any imminent and substantial

endangerment to the public health or welfare or the environment

arising at, or posed by, Defendant' facility, acts or omissions, whether

related to the violations addressed in this Consent Judgment or

otherwise.

VI. Injunctive Relief

7. Defendant agrees and is ordered to comply with Missouri Clean

Water Law, Chapter 644 RSMo, the Missouri Safe Drinking Water Law,

Chapter 640 RSMo, and the regulations adopted thereunder for any and all

future activities in the State of Missouri.

8. The Defendant agrees and is ordered not to sell any lots in the

Skyview Subdivision unless the Defendant has approval in writing from the

Department.

9. Defendant agrees and is ordered to complete the following

remedial actions:

Wastewater

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a. Immediately upon entry of this Consent Judgment,

Defendant shall contain, pump and haul wastewater from the Facility

to a permitted wastewater treatment facility with the capacity to

accept the load(s). Defendant is ordered to maintain its pumping and

hauling receipts and make these receipts available to the Department

upon request. The pumping records shall include (1) the date the

wastewater was pumped; (2) the number of gallons pumped; and (3)

the name of the facility accepting the wastewater. Defendant shall

continue containing, pumping and hauling wastewater from the

Facility for treatment until a Missouri State Operating Permit has

been issued by the Department for a wastewater collection and

treatment system to serve the homes located in the Skyview

Subdivision.

b. Within 30 days of entry of the Consent Judgment,

Defendant shall submit to the Department for review and approval a

construction permit application in accordance with 10 CSR 20-6.010(2)

to implement "Alternative 1" identified in the August 2013

Engineering Report prepared by Schultz Surveying and Engineering

for Defendant (Exhibit A) .

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1. The construction permit application shall include a

schedule for construction of a Department approved wastewater

disposal system.

n . The construction permit application shall identify a

continuing authority in accordance with 10 CSR 20-6010(3)

responsible for the operation, maintenance and modernization of

the wastewater disposal system.

c. If the Department comments on and/or requests

modification of the Engineering Report, the Defendant agrees and is

ordered to respond to and adequately address, to the Department's

satisfaction, all of the Department's comments and resubmit the

engineering report within 15 days of receipt of the Department's

comments.

d. The Defendant agrees and is ordered to complete the

construction pursuant to the schedule approved by the Department

which shall be enforceable as a condition of compliance under this

Consent Judgment.

Drinking Water

e. Within 30 days of entry of the Consent Judgment,

Defendant shall adhere with the following Water supply source

schedule of compliance:

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1. In compliance with 10 CSR 60-4.020, shall immediately

begin collecting and submitting to DNR one routine

monthly microbiological sample from the Water supply

source, and five routine samples in any month

immediately following an unsafe sample.

1. For all samples collected, record the correct date,

time collected in 24 hour format, and sample bottle

number on a sample card to be submitted with each

sample.

2. For any unsafe routine sample collected, collect four

repeat samples.

3. Submit all samples so that they arrive at DNR on a

business day within 30 hours of collection.

n. Within 90 days of entry of this Judgment, Defendant shall

complete one of the following three options in order to

address potential water supply source contamination.

1. Contract with an engineer licensed to operate in the

State of Missouri to design and implement

permanent disinfection at Well #3, which exceeded

the Maximum Contaminant Level for total coliform

bacteria, and Well #2, which exceeded the Maximum

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Contaminant Level for both total coliform and E.

Coli bacteria. Plans and specifications for water

system improvements shall be submitted with an

application for a "Permit to Construct" to the

departments Infrastructure Permits and

Engineering Section, Public Drinking Water Branch,

P.O. Box 176, Jefferson City, Missouri, 65102.

2. Connect to an approved water supply source and

plug existing drinking water wells. Defendant shall

contract with a professional engineer licensed to

operate in the State of Missouri to design a water

main extension in accordance with department's

Design Guide for Community Water Systems -

August 2003, and submit plans and specification

accompanied with an application for a "Permit to

Construcf' to the department's Infrastructure

Permits and Engineering Section, Public Drinking

Water Branch, P.O. Box 176, Jefferson City,

Missouri, 65102.

3. Drill a community well to design guide standards,

connect the Water system to it, and plug the existing

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wells. Skyview Subdivision shall contract with a

professional engineer licensed to operate in the

State of Missouri to design a new well in accordance

with the department's Design Guide for Community

Water Systems- August 2003, and submit plans and

specifications accompanied with an application for a

"Permit to Construct" to the department's

Infrastructure Permits and Engineering Section,

Public Drinking Water Branch, P.O. Box 176,

Jefferson City, Missouri 65102.

n1. If defendant selects an option that requires engineering of

water system improvements, then defendant shall submit

certification by the professional engineer stating that the

project has been completed substantially in accordance

with the approved plans and specifications within 120

days of entry of this Judgment. This certification shall be

submitted to the department's Infrastructure Engineering

and Permits Section, Public Drinking Water Branch, P.O.

Box 176, Jefferson City, Missouri 65102 within 30 days of

completion of construction.

IV. Within 120 days of entry of this Judgment, Defendant

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shall submit a completed Permit to Dispense Application

to the department's Infrastructure Permits and

Engineering Section, Public Drinking Water Branch, P .O.

Box 176, Jefferson City, Missouri 65102.

v. Immediately, Skyview Subdivision shall perform Public

Notice in accordance with the requirements of 10 CSR 60-

8. Public Notice forms can be obtained by contacting the

Public Notice Coordinator at Department of Natural

Resources, Water Protection Program, Public Drinking

Water Branch, P .O. Box 176, Jefferson City, Missouri

65102, or by phone at 573-751-1300.

v1. Skyview Subdivision shall immediately begin certifying

completion of Public Notification for all violations in

accordance with the requirements of 10 CSR 60-8.

VII. Information Collection and Retention

10. The State, through its authorized representatives, shall have

the right of entry into any facility covered by this Consent Judgment, at all

reasonable times, upon presentation of credentials, to:

a . monitor the progress of activities required under this

Consent Judgment;

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b. verify any data or information submitted to the State in

accordance with the terms of this Consent Judgment;

c. obtain samples and, upon request, splits of any samples

taken by Defendant or its representatives, contractors, or consultants;

d. obtain documentary evidence, including photographs and

similar data; and

e. assess Defendant's compliance with this Consent

Judgment.

11. Upon request, Defendant shall provide the State, through its

authorized representatives, splits of any samples taken by Defendant.

12. Until five years after the termination of this Consent Judgment,

Defendant shall retain, and shall instruct its contractors and agents to

preserve, all non-identical copies of all documents, records, or other

information (including documents, records, or other information in electronic

form) in its or its contractors' or agents' possession or control, or that come

into its or its contractors' or agents' possession or control, and that relate in

any manner to Defendant's performance of its obligations under this

Consent Judgment. This information-retention requirement shall apply

regardless of any contrary corporate or institutional policies or procedures.

At any time during this information-retention period, upon request by the

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State, Defendant shall provide copies of any documents, records, or other

information required to be maintained under this Paragraph.

13. At the conclusion of the information-retention period provided in

the preceding Paragraph, Defendant shall notify the State at least ninety

(90) days prior to the destruction of any documents, records, or other

information subject to the requirements of the preceding Paragraph and,

upon request by the State, Defendant shall deliver any such documents,

records, or other information to the State. Defendant may assert that

certain documents, records, or other information is privileged under the

attorney-client privilege or any other privilege recognized by federal law. If

Defendant asserts such a privilege, it shall provide the following: (1) the

title of the document, record, or information; (2) the date of the document,

record, or information; (3) the name and title of each author of the

document, record, or information; (4) the name and title of each addressee

and recipient; (5) a description of the subject of the document, record, or

information; and (6) the privilege asserted by Defendant. However, no

documents, records, or other information created or generated pursuant to

the requirements of this Consent Judgment shall be withheld on grounds of

privilege.

14. This Consent Judgment in no way limits or affects any right of

entry and inspection, or any right to obtain information, held by the State

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pursuant to applicable federal or state laws, regulations, or permits, nor

does it limit or affect any duty or obligation of Defendant to maintain

documents, records, or other information imposed by applicable federal or

state laws, regulations, or permits.

VIII. Civil Penalty

15. Defendant consents to the entry of judgment in favor of the

State of Missouri for a civil penalty of $52,000. Defendant hereby authorizes

entry of this judgment against them and in favor of the State of Missouri for

this sum.

16. $30,000 of the civil penalty shall be suspended on the condition

that Defendant does not violate any term of this Consent Judgment.

17. Defendant agrees to pay the $22,000 up-front civil penalty by

check made payable to the "State of Missouri (Stone County)"within thirty

(30) days of the entry of this Consent Judgment by mailing same to:

Collections Specialist, Missouri Attorney General's Office, P.O. Box 899,

Jefferson City, MO 65102-0899.

IX. Stipulated Penalties

18. In the event that Defendant fail to comply with the

requirements set forth in this Consent Judgment, Defendant shall be liable

for stipulated penalties in accordance with the following schedule:

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a. $100 per day for each day of each violation up to thirty

days.

b. $150 per day for each day of each violation, from thirty-

one days to sixty days.

c. $200 per day for each day of each violation, beyond sixty

days.

19. Stipulated penalties shall be due and payable within ten days of

demand being made by the Attorney General's Office. Defendant shall pay

stipulated penalties by check made payable to the "State of Missouri (Stone

County)" and mailed, along with a copy of the State's stipulated penalty

demand letter, to: Collections Specialist, Missouri Attorney General's Office,

P.O. Box 899, Jefferson City, MO 65102-0899. That check will be deposited

and processed in accordance with this Consent Judgment and Missouri law.

20. The inclusion of stipulated penalty provisions in this Consent

Judgment, and the payment of stipulated penalties, does not limit the

State's ability to pursue other penalties for the same acts; where a violation

of this Consent Judgment also constitutes a violation of a statute, stipulated

penalties may be collected in addition to statutory penalties imposed for

those violations.

X. Modification

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21. Except as otherwise specified herein, this Consent Judgment

may be modified or amended only upon written agreement by and among

the parties, their successors and assigns and with the approval of the Court.

All modifications shall be in writing and filed with the Court.

XI. Fees

22. Defendant shall pay $805.55 to the Department of Natural

Resources for unpaid lab and primacy fees at Public Drinking Water Branch,

P.O. Box 176, Jefferson City, Missouri 65102.

XII. Costs

23. Defendant shall pay all court costs in this action.

The parties hereby consent to this Consent Judgment through their

duly authorized representatives as indicated below.

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MISSOURI ATTORNEY GENERAL'S OFFICE

By: ~fi!J0::....:s..:.__:?ti~-Elliott J. Usher Assistant Attorney General Division of Agriculture and Environment

Date: _J_Z,_J...j_g+-J~Z/:5-=----<)----""'b'-----

MISSOURI DEPARTMENT OF NATURAL RESOURCES

By: -----'-~---J=-~--&"-Leanne Tippett Mosby, Director

Division of Environmental Quality

Date: I?-./ t t/1-o I &

SO ORDERED.

Circuit Judge

Date: __________ _

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12 - dnr.mo.govP.O. Box 176, Jefferson City, Missouri, 65102. 2. Connect to an approved water supply source and plug existing drinking water wells. Defendant shall contract with a