Attorney General's News Release

May 14, 1998

Nixon sues owners, manager of Pizza Hut in Shell Knob to stop water pollution into Table Rock Lake

Jefferson City, Mo. — Attorney General Jay Nixon today asked the Barry County Circuit Court to issue an order to immediately stop wastewater discharges from the Hinkle Point Pizza Hut into Table Rock Lake. Nixon is seeking the injunction against the owners and the manager of the Pizza Hut, located in Shell Knob, because of water pollution problems from the restaurant's wastewater treatment facility.

"Table Rock is a lake with high quality water, and we must make every effort to protect this valuable recrational resource for our children and grandchildren," Nixon said. "Callous disregard in polluting not only harms the environment, it takes economic advantage of those businesses that comply with Missouri laws."

In addition to violations caused by improperly treated wastewater, Nixon said the restaurant violated Missouri drinking water laws by installing an unprotected connection between their drinking water lines and the sewage lines in an effort to dilute the sewage as a way to treat to it.

Named as defendants in the lawsuit are owners William S. and Delores Atherton of Tulsa, Okla.; owners Pat M. and Jetta Sue Murphy of Bartlesville, Okla.; and manager Lynn Smith of Shell Knob. The case was referred to the Attorney General's Office for legal action in April by the Department of Natural Resources.

The lawsuit asks the court to order the defendants to transport their wastewater to another permitted facility until a proper treatment facility can be installed at the restaurant. Nixon also wants the defendants to be required to submit plans for a proper facility to the DNR for approval and then for the defendants to construct and operate that facility in compliance with the law.

Nixon also is seeking appropriate penalties in the case. The Missouri Clean Water Law allows for civil penalties of up to $10,000 per day per violation.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818