Editor's note: This story was updated with information from the Department of Natural Resources at 1:30 p.m. Friday.
Missouri Attorney General Chris Koster is suing the owners of an O’Fallon landfill for violations of Missouri’s Clean Water Law.
According to the lawsuit, the now-closed R&E Sanitary Landfill, owned by St. Charles County Piping, allowed the discharge of leachate contaminated with iron exceeding permitted limitations to leak into a tributary of Perque Creek in 2006, 2008, 2009 and 2010.
Renee Bungart, spokesperson for the Department of Natural Resources said the iron found in leachate forms solids called precipitates when entering streams in a sufficient amount. She said this can smother aquatic animals and their eggs. A common visible clue of the presence of leachate is a red-brown rust color in the water.
Koster said in a news release, that the Missouri Department of Natural Resources inspections also showed that the company failed to renew its operating permit and failed to submit required quarterly discharge monitoring reports to ensure compliance with contaminant regulations.
According to the suit, St. Charles County Piping reached a settlement agreement with the attorney general and the Department of Natural Resources in December, 2009. The suit says the company breached the contract by failing to submit a complete application for a construction permit and failure to build a lift station to connect to O’Fallon’s wastewater treatment and collection system in 2010.
A call to attorney Joel Brett, who is representing St. Charles County Piping, was not immediately returned.
The lawsuit calls for the payment of $3,000 agreed to in the prior settlement agreement.
The Attorney General is also asking for preliminary and permanent injunctions requiring St. Charles County Piping to comply with the clean water law and a civil penalty not to exceed $10,000 per day for each violation.