Attorney General's News Release

October 10, 2006

Nixon sues Howard County man for violating state clean air laws through open burning of gasoline

Fayette, Mo. — Attorney General Jay Nixon is seeking an injunction and penalties against a Franklin man who violated state environmental laws by openly burning gasoline and operating a hazardous waste treatment and disposal facility without a permit.

Nixon's lawsuit, filed today in Howard County Circuit Court, targets Joe Boggs, owner of Boggs Repair and Sales of Franklin. On March 29, 2005, the Howard County Sheriff's Department responded to a complaint of oil burning at the business location where Boggs salvages motor vehicles, and found two burning barrels containing liquid. When the officer questioned Boggs, he admitted burning discarded gasoline from salvaged vehicles. The Department of Natural Resources (DNR) subsequently issued two Notices of Violation, one against Boggs for violating the state's open burning restrictions and one versus Boggs Repair and Sales on April 21, 2005 for operating a hazardous waste treatment and disposal facility without a permit.

“Just because it's convenient, or because somebody thinks no one will notice, are no reason to carelessly foul the air we all breathe,” Nixon said. “This defendant has had past opportunities to clean up his act, and has failed to do so. Perhaps our lawsuit will 'clear the air,' literally and figuratively.”

DNR had contacted Boggs regarding improper disposal of hazardous waste from salvaged vehicles in the past. On at least three prior occasions, investigators had determined that gas, oil and antifreeze had been improperly disposed of and had issued warnings to the defendant.

Nixon is asking the court to issue preliminary and permanent injunctions against Boggs to cease and desist from further open burning in violation of the Missouri Air Conservation Law, further operating a hazardous waste facility without a permit in violation of the Missouri Hazardous Waste Management Law, and to properly dispose of any remaining used fuel. The lawsuit also asks the court to assess a penalty against Boggs of $10,000 per day for each day that violations occurred.

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