The Missouri Department of Natural Resources (“MDNR”) and City of Anniston, Missouri, entered into a May 15th Administrative Order on Consent (“AOC”) addressing alleged violations of the Missouri Safe Drinking Water Law. See Order No. PDWB-2026-234.
Anniston is described as a fourth-class city with a population of approximately 175 residents.
The City has voted to dissolve but still exist for purposes of winding down its affairs and when doing so it acts through a validly appointed trustee.
Anniston is stated to own and operate a community public water system and is a supplier of water. It is classified as a Level One Distribution System (“DS”) that operates year-round. Services are provided to approximately 90 connections through a distribution system to an estimated 175 people.
Anniston does not add any chemical disinfectant to treat the water purchased from East Prairie Public Water System. That system uses gaseous chlorine as a chemical disinfectant to ensure the inactivation and removal of pathogenic organisms.
MDNR is stated to have issued a report in 2023 to the City following an inspection which noted significant deficiencies for failing:
- To have a properly certified chief operator;
- To maintain adequate records;
- Having known potential cross-connections in the distribution system.
Two unsatisfactory findings were also cited.
MDNR also issued a Notice of Violation for failing to consult with the agency regarding appropriate corrective action. Further, it issued a Notice of Violation for failing to notify customers of the failure to correct the significant deficiencies identified in the inspection report.
The AOC requires certain corrective actions within either thirty, sixty or ninety days as appropriate. Further, for all violations, Anniston is ordered and agrees to perform public notice in accordance with the requirements of ten CSR 60-8.101.
The AOC provides for stipulated penalties in the event of failure to meet deadlines or in any MDNR approved scheduled compliance developed pursuant to the AOC.
A copy of the AOC can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.