DEVELOPER PUZZLED BY LEGAL THREAT; DNR RECOMMENDS SUIT DUE TO FISH KILL

JACKSON -- The developer of Bent Creek Golf Course said Thursday he was surprised that the Missouri Department of Natural Resources announced this week that it's recommending legal action against his firm.

Tracy Mehan, director of the DNR, released a statement this week requesting that the Missouri Attorney General's Office take legal action against Litz Brothers Inc. of Cape Girardeau for alleged violations of the Missouri Clean Water Law.

The alleged violations stem from a fish kill on Goose Creek last June, near the Bent Creek Golf Course, which is owned by Litz Brothers Inc.

The DNR contended that the fish kill was caused by the release of wash water from the golf course that was contaminated with a fungicide. The water contained a green dye that was traced to a concrete wash pad on the golf course.

But Jack Litzelfelner of Litz Brothers Inc. said he thought the creek contamination issue already was resolved.

"We've already settled with them," Litzelfelner said. "I sent my check into my attorney the first of June. As far as I'm concerned, it's paid in full.

"I paid what they told me I had to pay. I was a little surprised to see this press release."

But Mehan said there has been no settlement of the matter.

"Negotiations that have taken place since last September on damages and a penalty in this matter have failed to produce a settlement," Mehan said.

"To reach an appropriate settlement in damages and penalties, I am asking the attorney general to take appropriate legal action against Litz Brothers so that this case might be resolved."

Litzlefelner maintains that the case has been resolved, and that he sent the settlement check 20 to 30 days ago.

Mary Jenkins, a spokesman for the Missouri Attorney General's office, said the parties are close to reaching a settlement, but that none has yet been approved.

"Generally, when we get a referral from the DNR, if we reach a settlement then the DNR has to approve the settlement," Jenkins said. "The DNR has not approved a settlement yet."

Jenkins said the attorney general has not filed any lawsuit against Litz Brothers, despite the DNR's request to take "legal action."

"That is the standard language they use in their releases when they believe state law has been violated," she said. "We have not filed a lawsuit, but we also have not reached a settlement yet that's been approved by all the parties involved."

Jenkins said the attorney general's office will decide whether the case warrants a lawsuit.

"They send us a file with their investigation results, our attorneys review that, and we usually either negotiate a settlement or , if it looks like there's been a violation of state law we either negotiate a settlement or we file a lawsuit. We make the final choice on whether there will be a lawsuit.

"I would say in this case, they have sent us the file, we've reviewed it, we've contacted Litz Brothers, and we've been in negotiations with them and we're close to reaching a settlement."

According to the DNR, dead and dying fish and dead crayfish were observed during an investigation of Goose Creek June 24, 1990. An estimated 4,591 fish were killed along a 2.2-mile section of the creek as a result of the contamination.

The Missouri Clean Water Law provides for civil penalties of up to $10,000 per day per violation.