MISSOURI POLLUTION AND FISH KILL

INVESTIGATIONS 2007 – 2011

Report compiled by Rebecca O’Hearn and Ruth Ann Martin Missouri Department of Conservation August 2013

MISSOURI POLLUTION

AND FISH KILL INVESTIGATIONS

2007-2011

Compiled by

Rebecca O’Hearn

and

Ruth Ann Martin

Aquatic Health Unit

Resource Science Division

Missouri Department of Conservation

Central Regional Office and Conservation Research Center

3500 East Gans Road

Columbia, Missouri 65201

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USE OF DATA

Data and information in this report are distributed for the purpose of communicating incidents of water quality problems and injuries to fish and wildlife throughout the state of Missouri. By doing so, we hope to increase awareness of water pollution and natural causes of mortality in aquatic life. The reader may choose to use the data for other purposes, but the appropriateness of the data for those purposes must be evaluated by the user.

Photograph descriptions from cover (clockwise from upper left): 1) dead bullfrog, Gregg’s Creek fish kill, Howard County, 9/1/2009, unidentified pollutant; 2) dead fish seized from dumpster, tributary of St. Francois River fish kill, St. Francois County, 11/8/2010, cause-chlorine bleach solution; 3) red colored Azolla bloom, private pond, Franklin County, 7/16/2010, cause-eutrophication and low dissolved oxygen; 4) dead fish and algal scum, Horse Creek fish kill, Dade County, 6/21/2011, cause-chlorine and low dissolved oxygen suspected; 5) dead fish from Corporate Lake fish kill, Boone County, 8/1/2011, cause-natural suspected-low dissolved oxygen; 6) corn waste product below cut dam, East Fork of the South Grand River, Cass County, 7/1/2010, cause-agricultural-corn waste product

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EXECUTIVE SUMMARY

The Missouri Department of Conservation (MDC) conducts fish kill investigations under the authority of the Wildlife Code of Missouri (Section 252.210, RSMo) and has maintained a Fish Kill and Pollution Program since the 1940s. The overarching goals of the program are to protect aquatic resources and to maintain high-quality fishing and recreational opportunities. We work towards these goals by 1) conducting fish kill and water pollution investigations so pollution abatement and mitigation is achieved and by 2) increasing awareness of water pollution and mortality in aquatic life through reporting of incidents. The program is a partnership between multiple resource agencies; however the Missouri Department of Natural Resources (DNR) is the primary partner. During 2007-2011, MDC personnel investigated 185 water quality and pollution incidents. Fish kills were associated with 150 of these incidents. Overall, an estimated 404,447 fish and aquatic organisms valued at $158,724.61 were lost. Incidents were placed into one of three major categories: regulated, non-regulated, and unknown cause. Regulated incidents are sub-categorized by pollution source: agricultural, industrial, municipal, transportation, and other. Of the 92 regulated incidents, 64 resulted in the loss of fish and other aquatic organisms. An estimated 112,856 animals were killed in regulated incidents, valued at $154,821.70. Municipal pollutants were the most common cause of regulated incidents. Non-regulated incidents are attributable to natural causes such as drought, summer kill, winter kill, and disease. Of the 62 non-regulated incidents, 59 involved the loss of organisms. At least 20,444 fish and organisms were killed in non-regulated incidents. Monetary values (e.g. damages) for non-regulated mortality were not calculated because damages for these kills are not reimbursed. Personnel were unable to identify the cause or source of the problem for 31 incidents (unknown cause), 27 of which were kills. An estimated 274,823 aquatic organisms valued at $3,646.38 were lost due to unknown causes.

Cause Number Incidents

Number Fish Kills

Regulated

Agriculture 21 15

Industry 5 3

Municipal 46 34

Transportation 9 5

Other 11 7

Subtotal 92 64

Non-Regulated 62 59

Unknown 31 27

Totals 185 150

Among years, the most incidents occurred in 2011 (65 incidents) and the least incidents occurred in 2009 (21 incidents). Summer seasons had the greatest number of incidents (70 total), while winter had the lowest number of incidents (18 total). Most incidents occurred in streams (116 incidents), followed by lakes and ponds (64), and backwater habitats (2). MDC staff assisted with 3 incidents that did not impact waterways.

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The Missouri Department of Natural Resources was the primary agency enforcing incidents described in this report. Forty-four incidents which occurred during 2007-2011 and previous years have been resolved. The majority of the 44 incidents were resolved through settlement agreements, which included reimbursements for fish and wildlife damages, reimbursements for investigative time, and civil penalties. Settlement funds totaled over $800,000. Eight enforceable incidents have not been resolved.

An analysis of long-term trends (1988-2011) shows the number of incidents for most pollution types peaking in the mid- to late 1990s and declining thereafter. Across pollution types, municipal pollutants were historically and are currently the dominant cause of pollution incidents.

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TABLE OF CONTENTS USE OF DATA ................................................................................................................................................. i

EXECUTIVE SUMMARY ................................................................................................................................. ii

TABLE OF CONTENTS ................................................................................................................................... iv

LIST OF TABLES AND FIGURES ..................................................................................................................... v

INTRODUCTION ............................................................................................................................................ 1

METHODS ..................................................................................................................................................... 2

Change in notification procedures in 2009 ............................................................................................... 2

RESULTS AND DISCUSSION........................................................................................................................... 4

Incident Causes ......................................................................................................................................... 4

Temporal Distribution ............................................................................................................................... 8

Distribution by Habitat Type ................................................................................................................... 10

Distribution of Incidents throughout the State ...................................................................................... 11

Enforcement Status of Fish Kill and Pollution Cases ............................................................................... 13

Projects funded by Fish Kill Grants ......................................................................................................... 14

Long-term trends .................................................................................................................................... 15

CONCLUSION .............................................................................................................................................. 17

LITERATURE CITED ...................................................................................................................................... 18

APPENDIX ................................................................................................................................................... 19

Appendix A. Other significant program accomplishments during 2007-2011 ....................................... 19

Appendix B. Table of regulated source incidents................................................................................... 21

Appendix C. Table of non-regulated source incidents ........................................................................... 25

Appendix D. Table of incidents with unknown sources ......................................................................... 28

Appendix E. Table of Clean Water Law settlements .............................................................................. 30

Appendix F. Case enforcement status and descriptions ........................................................................ 33

Appendix G. Table of pollution investigation, fish kills, and estimated mortality (1970-2011) ........... 41

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LIST OF TABLES AND FIGURES

Table 1. Summary of fish kill and pollution incidents ................................................................................. 4

Figure 1. Number of incidents by pollution source..................................................................................... 5

Figure 2. Annual distribution of incidents ................................................................................................... 8

Figure 3. Seasonal distribution of incidents ................................................................................................. 9

Figure 4. Distribution of incidents by habitat type .................................................................................... 10

Figure 5. Map of number of incidents per county .................................................................................... 11

Figure 6. Map of regulated source incidents ............................................................................................ 12

Figure 7. Map of non-regulated source incidents ..................................................................................... 12

Figure 8. Map of incidents caused by unknown sources .......................................................................... 13

Figure 9. Long-term trends among regulated incidents ........................................................................... 15

Figure 10. Long-term trends for regulated and non-regulated fish kill and pollution incidents .............. 16

1

INTRODUCTION

The Missouri Department of Conservation (MDC) holds the authority to enforce the Wildlife Code of Missouri (Chapter 10, 3 CSR 10). According to the Wildlife Code of Missouri, it is illegal to cause or allow any deleterious substance to be placed, run, or drained into any of the waters of the state in quantities sufficient to injure, stupefy or kill fish or other wildlife which may inhabit such waters. Under this purview, the MDC maintains a Fish Kill and Pollution Program. The goals of the program are to protect aquatic resources and to maintain high-quality fishing and recreational opportunities. We work towards these goals by conducting fish kill and water pollution investigations so pollution abatement and mitigation is achieved and by increasing awareness of water pollution and mortality in aquatic life through reporting of incidents. The program is a partnership between multiple resource agencies1; however the Missouri Department of Natural Resources (DNR) is the primary partner. During the investigation, the MDC determines the size of the affected area, estimates the number of organisms killed, calculates a monetary value for those organisms, and distributes gathered information to interested personnel and agencies. Although MDC has the authority to prosecute responsible parties for killing fish under the Wildlife Code of Missouri (Section 252.210, RSMo), enforcement action for penalties, damages, and investigative expenses is deferred to the DNR who holds the authority to enforce Missouri Clean Water Law (Chapter 644, RSMo). Two additional roles of DNR during the investigation are overseeing the clean-up of spills and acting as the incident command center (Missouri’s Spill Bill, sections 260.500-260.550, RSMo). This report is a summary of all fish kills and water pollution investigations conducted by MDC during 2007-2011. A summary of 2012 investigations will be distributed during the winter of 2013.

1 Other agencies involved during investigations include: Missouri Department of Health and Senior Services,

Missouri Department of Agriculture, U.S. Environmental Protection Agency, U.S. Coast Guard, U.S. Fish and Wildlife Service, and U.S. Army Corps of Engineers.

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METHODS

The MDC conducts fish kill investigations under the authority of the Wildlife Code of Missouri (Section 252.210, RSMo). This is communicated to all MDC staff through a memo distributed by the Fisheries, Protection, and Resource Science division chiefs. The memo states that all MDC employees are responsible for reporting water quality problems, water pollution, and fish kills that are noted during the performance of their normal job duties and for assisting with the investigation, if needed. Historically, once notified of a problem, the MDC Aquatic Health Unit (AHU) would attempt to make the appropriate contacts to initiate an on-site investigation. The AHU’s three biologists maintained this role 24 hours per day. In this capacity, the AHU served as a statewide dispatcher for MDC responders. In June 2009 notification and response procedures were streamlined through a new cooperative agreement between the MDC and DNR. Under the new cooperative agreement, the DNR-Environmental Emergency Response (EER), which operates a 24 hours a day environmental emergency spill line, notifies MDC staff statewide during fish kills and water pollution events which have potential to injure fish and wildlife. As part of the new cooperative agreement, AHU supplies EER with contact lists for MDC regional staff during normal business hours and a contact list for Protection District Supervisors after normal business hours. All MDC staff learning of or discovering a fish kill are to notify the EER spill line as soon as possible as a precautionary measure just in case a pollutant may be involved. The new protocol also mandates direct communication between the DNR and MDC responder. The MDC’s Conservation Agents and Fisheries Division personnel typically respond to fish kill and water pollution incidents where there is potential for fish and wildlife injury. The presence of Conservation Agents in each county of the state allows for an immediate assessment of the incident and action which may prevent greater injury to the resource. During an investigation when time is critical and/or DNR personnel cannot respond, these procedures minimize environmental damage and ensure useable evidence that may otherwise be lost. The objectives of the MDC investigator are to determine the likely cause of the fish kill or water pollution incident, prevent further damage by containing the pollution (if possible), and to determine the extent of damage to the resource. The MDC investigator conducts water chemistry screening at the source of pollution, upstream, and downstream of the pollution source, which aids in determining the cause of the fish kill or water quality problem. Water chemistry measurements include temperature, pH, dissolved oxygen, and unionized ammonia. Water samples are also collected in these three locations if DNR has not arrived on-scene. During 2007-2011, fish counting procedures outlined in Investigation and Monetary Values of Fish and Freshwater Mussel Kills (Southwick and Loftus 2003) were followed. The species and size of dead fish are recorded within the affected area. If the affected area is subsampled, the AHU extrapolates the total number of dead fish or other injured animals. These methods are labor intensive and therefore are not usually used for natural fish kills (non-regulated) where investigative costs are not reimbursed. Once the total number of dead fish is determined, the AHU calculates the monetary value (damage) of fish and other aquatic animals. Damages are not usually calculated for cases with an unidentified responsible party or those occurring on private property. A report of investigative activities, findings, and damages is compiled for each regulated incident (incidents with identified pollution sources) and incidents with unknown causes. Copies of these reports are furnished to the DNR and other agencies involved in the investigation.

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Fish kill and pollution cases with a responsible party are typically enforced by the DNR under the Missouri Clean Water Law (Chapter 644, RSMo) or the Clean Water Act. By holding the offender responsible, restitution is achieved. Restitution is achieved through reimbursements for fish damages and investigative costs and through payment of penalties, which DNR may also assess. Damages are directed to two separate funds: 90 percent of damage reimbursements are directed to projects benefiting natural resources through the Fish Kill Grant Fund and 10 percent of damage reimbursements are directed to the Chemical Emergency Preparedness Fund (Section 640.235, RSMo). Penalties are directed to the county school system in which the pollution event occurs. The MDC tracks information on fish kills and water pollution incidents in a central database. This includes incidents that have not been directly reported to MDC. However, this report summarizes only fish kill and pollution incidents where MDC personnel were directly involved in the investigation. False kills (i.e. angling mortalities) are not included in this report. Additionally, the main body of this report does not summarize other activities of the Fish Kill and Pollution Program. If interested, highlights of these activities can be found in Appendix A.

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RESULTS AND DISCUSSION

MDC personnel investigated 185 water quality problems from 2007-2011 (appendices B, C, and D). Fish kills occurred in 150 of the investigations. An estimated 404,447 fish and aquatic organisms valued at $158,724.61 were lost during these incidents. The remainder of the results and discussion is broken down by incident causes, temporal trends, spatial trends, case enforcement status, projects funded by fish kill grants, and long-term trends.

INCIDENT CAUSES Incidents are placed into one of three major categories: regulated cause, non-regulated cause, and unknown cause. For purposes of this report, incidents with regulated causes are those which have a known source of pollution, incidents with non-regulated causes are attributable to natural processes, and incidents with unknown causes are those which investigators could not determine the source or cause of the fish kill.

Regulated Cause Incidents falling in this category are broken down by the source of pollution: agricultural, industrial, municipal, transportation, and other sources. Regulated source pollution accounted for half (92) of all the incidents (Table 1, Figure 1). Of the 92 regulated incidents, 64 resulted in the loss of fish and aquatic life. An estimated 112,856 animals valued conservatively at $154,821.70 were killed during regulated incidents (Table 1).

Table 1. Summary of fish kill and pollution investigations conducted by MDC staff during 2007-2011. Number animals killed includes fish and other animals killed during incidents. *represents one incident.

Cause Number Incidents

Number Kills Number Animals

Killed Value of Animals

Killed

Regulated

Agriculture 21 15 26,289 $12,987.49

Industry 5 3 25,837 $12,385.33

Municipal 46 34 39,578 $124,739.26

Transportation 9 5 5,415 $1,448.61

Other 11 7 15,737 $3,261.01

Subtotal 92 64 112,856 $154,821.70

Non-regulated 62 59 20,444 $256.53*

Unknown 31 27 274,823 $3,646.38

Totals 185 150 404,447 $158,724.61

Agricultural Source Agricultural source pollutants include, but are not limited to animal waste, fertilizer, and pesticides. During 2007-2011 agricultural source pollution represented 21 incidents, 15 of which resulted in the loss of an estimated 26,289 animals valued at $12,987.49 (Table 1). Overall, animal waste was the most common agricultural pollutant.

The two largest agricultural fish kills occurred due to lagoon effluent releases in the North Fork of the Middle Fabius River (7/5/2007) and in Haw Creek (7/18/2011). These two incidents resulted in similar

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injuries to aquatic life (11,413 and 11,100 animals, respectively), and similar damages ($5,834.90 and $5,608.38, respectively). Both cases were resolved through civil settlement agreements. More details on the settlement agreements can be found in appendices E and F.

Regarding agricultural pollution, one location in Vernon County is of particular concern. Coal Branch, Kitten Creek, and Clear Creek experienced on-going pollution problems during 2007-2011, with one documented fish kill. The responsible party reimbursed the state for investigative costs in 2009. However, MDC continues to receive complaints from citizens about water discoloration and odor. Additionally, MDC investigators have observed a low abundance and diversity of aquatic life (anecdotal) on-site. The MDC suspects on-going pollution prevents the recolonization of aquatic life in these streams and the maintenance of a healthy fishery.

Industrial Source Industrial source pollutants include, but are not limited to chemical, petroleum, and gravel mining operations. Industrial source pollutants were involved in 5 incidents, 3 of which resulted in the loss of an estimated 25,837 animals, valued at $12,385.33 (Table 1).

The largest fish kill caused by industrial pollution during 2007-2011 was located in Dunklin and Pemiscot counties in the Bootheel Region. During the fall of 2007, dumping and land application of at least 187,233 gallons of glycerin (waste) by a biodiesel facility depleted dissolved oxygen in a 3 mile reach of Belle Fountain Ditch causing a heavy fish and mussel kill. An estimated 25,694 animals were killed, including fish, crayfish, and mussels. More than 80 federally listed endangered fat pocketbook mussels were killed during this incident, making this one of the most significant kills in the program’s history. Information on case resolution can be found in appendices E and F.

Figure 1. Number of incidents (both fish kill and non-fish kill) by pollution source.

Non-regulated 62

Unknown 31

Agriculture 21

Industry 5

Municipal 46

Transportation 9

Other 11

Regulated 92

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Municipal Source Incidents falling in this category involve municipal wastewater and drinking water treatment infrastructure and hydropower dams. Municipal source pollutants were involved in half of the regulated incidents during 2007-2011 (46 incidents, Figure 1), with the majority caused by failing sewage or drinking water infrastructure. Thirty-four of these regulated municipal incidents resulted in the loss of an estimated 39,578 organisms, valued at $124,739.26.

The largest municipal source kill during 2007-2011 resulted from a broken drinking water line in Jefferson County. On July 20, 2007 an estimated 30,000 gallons of chlorinated water was released into Moss Hollow Creek killing an estimated 14,417 fish. Treated drinking water contains chlorine which is extremely toxic to aquatic life. Information on case resolution can be found in appendices E and F. Regarding municipal source pollution, hydropower dams are an additional area of concern. One hydropower location where significant mitigation efforts have been implemented is Bagnell Dam. Bagnell Dam, which impounds Lake of the Ozarks on the Osage River, has an extensive history of causing fish injury and mortality. During 2007-2011 operations at Bagnell Dam caused the highest valued fish kill ($110,014.87). Mitigation efforts include altering spillway flows and the installation of a 2 inch bar fish barrier net during 2008. Mitigation efforts have proven successful thus far. A second hydropower location of concern is the Mark Twain Lake reregulation pool below Clarence Cannon Dam. During the summer of 2010 four fish kills occurred in the reregulation pool below the dam at Mark Twain Lake. The fish kills were caused by low dissolved oxygen in hypolimnetic releases from the dam. In response to the mortalities, MDC, DNR and Corps of Engineers began developing an operational plan that would provide adequate dissolved oxygen levels using generating units and tainter gates. A low dissolved oxygen notification group was also established in response to these incidents. These agencies must work closely on this issue which requires striking a balance between flood control, power generation, and aquatic life.

Transportation Source Incidents falling in this category involve pipeline, aviation, and road vehicle pollutants. Transportation source pollutants were involved in 9 regulated incidents, 5 of which resulted in fish kills. An estimated 5,415 animals, valued at $1,448.61 were killed during these incidents.

The largest transportation source fish kill was caused by a crop duster plane crash in New Madrid County on August 8, 2011. During the accident, the plane released fuel into an unnamed tributary of Ash Slough Ditch killing 4,822 fish in 3.8 miles of stream. Information on case resolution can be found in appendices E and F.

Other Source “Other” sources of pollution include, but are not limited to dewatering, fire suppression run-off water, and pesticide application in residential areas. This category also includes incidents that involve a combination of pollutants. “Other” source pollution was associated with 11 incidents, 7 of which resulted in the death of fish and wildlife. An estimated 15,737 animals, valued at $3,261.01 were killed during these incidents.

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Non-Regulated Cause Incidents falling in this category include those occurring due to natural causes such as summer kill, winter kill, disease, drought, flooding, and spawning stress. This category also includes incidents involving eutrophication from non-point source nutrient enrichment. Sixty-two non-regulated incidents occurred during 2007-2011, and 59 of these involved the loss of aquatic life. At least 20,444 fish and aquatic organisms were killed in non-regulated incidents. Detailed investigations and damage assessments are generally not conducted for non-regulated incidents because investigative time and damages are not reimbursed. Therefore, non-regulated mortality and monetary values are low relative to the regulated and unknown categories. During this five year period, damages were only assessed for one incident ($256.53).

There were 3 non-regulated incidents that were notable due to their rarity in the program’s history. The first was a small fish kill in Penguin Park Pond in Clay County in September 2010. A large hail storm caused a sudden drop in water temperatures killing about 100 fish. The hail also struck and killed a few geese around the pond. The other two notable non-regulated incidents both involve aquatic plant life. MDC staff were notified of red colored water in a Franklin County pond associated with a fish kill (photo on cover) and in Clearwater Lake in Reynolds County. In Franklin County, the red colored organism was identified as the aquatic water fern Azolla Mexicana, which can produce red pigment when exposed to direct sunlight. Like algae, macrophytic plants such as Azolla may deplete oxygen when not photosynthesizing, causing a fish kill. The pond owner was advised to aerate the pond at night to prevent additional fish mortality. The red coloration in Clearwater Lake was attributable to Euglena, a type of algae that has the ability to produce red pigment. No fish kill was associated with the Clearwater Lake incident.

Unknown Cause Personnel were unable to identify the cause of the problem for 31 incidents, of which, 27 involved the loss of aquatic life. For many of these incidents, a cause was suspected, but investigators were unable to confirm through water quality analysis. Additionally, a responsible party was not identified for many of these incidents, which hindered the investigation. An estimated 274,823 fish valued at $3,646.38 died due to unknown causes. Fish values are underestimates because values were not calculated for many incidents where a responsible party was not identified.

The largest fish kill incident during 2007-2011 fell into the “unknown” category. During September 2010, several thousand dead fish were documented in Ditch Number 2 in the Bootheel region. The 28 mile long kill zone spanned three counties. Many species were affected, including channel catfish, largemouth bass, crappie, and sunfish species. Cotton defoliant had very recently been applied in adjacent fields and crop residues had recently washed into the stream. Crop residues may have increased the biological oxygen demand in the water producing low dissolved oxygen conditions. It is unclear to what extent the defoliant and the crop residues contributed to the kill, and a responsible party was not identified. The Ditch Number 2 fish kill was one of many water quality and fish kill incidents documented in the Bootheel during 2007-2011. The multitude of incidents in this region in addition to staff reports of declining frog gigging permit sales in the Bootheel and lack of frog calls in some areas (anecdotal) make the Bootheel an area of concern for the program.

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TEMPORAL DISTRIBUTION The most incidents occurred in 2011 (65 incidents) and the least incidents occurred in 2009 (21 incidents, Figure 2). On average, the number of incidents during 2010 and 2011 more than doubled compared to 2007-2009. The most drastic increase was the five-fold increase in non-regulated source incidents during 2010 and 2011. Increases were also pronounced during 2010 and 2011 for regulated incidents, which on average nearly doubled, and for incidents with “unknown” causes, which increased by a factor of four. These increases did not seem to correlate with climatic variables, but may be explained by the streamlined notification protocol adopted in late 2009. Across seasons, the most incidents occurred during summer (June through August, 70 incidents total), peaking in August (36 incidents, Figure 3). During the summer season, regulated pollution was the most common cause of problems (33 incidents) with the majority of incidents (21) being attributed to municipal sources. The spring season (March through May) had the second greatest number of incidents (55 total). Winter (December through February) had the lowest number of incidents (18 total) with the lowest point in December (4 incidents).

Figure 2. Annual distribution of regulated, non-regulated, and “unknown” source incidents during 2007-2011. Numbers to the right of the bars represent the number of fish kill incidents within each respective source category. For example, 14 regulated incidents during 2007 involved mortality.

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Figure 3. Seasonal distribution of regulated, non-regulated, and “unknown” source incidents during 2007-2011. Numbers to the right of the bars represent the number of fish kill incidents within each respective source category. For example, 11 regulated incidents during spring involved mortality.

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DISTRIBUTION BY HABITAT TYPE Among habitat types, incidents occurred most commonly in streams compared to lakes, ponds, backwater, and terrestrial habitats. A total of 116 incidents occurred in streams (Figure 4). This differs from prior years where ponds and lakes were the most common habitat type. The change reflects a modification of reporting procedures for non-regulated incidents during 2006, when emphasis was shifted from fish kills in private ponds to those in streams and large public lakes. Regulated source pollutants were the most common cause of stream incidents (80 incidents).

The second most common habitat types where incidents occurred were lakes and ponds. There were equal numbers of lake and pond investigations (32 incidents each). Non-regulated source was the most common cause of lake and pond incidents (44 incidents total). Only two backwater incidents were recorded during 2007-2011 and these were both small fish kills with non-regulated causes.

Three investigations were made that did not directly involve aquatic habitats. In September 2007 birds died in Stoddard County due to unknown causes. Intentional poisoning was suspected; however, necropsy results were inconclusive. Two investigations were made in response to sewage releases that did not impact a waterbody.

Figure 4. Distribution of incidents during 2007-2011 by habitat type. Numbers above bars represent the number of fish kill incidents within each respective source category. For example, 54 regulated incidents in streams involved fish mortality.

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DISTRIBUTION OF INCIDENTS THROUGHOUT THE STATE In general, major metropolitan areas had the highest numbers of incidents (Figure 5). Among counties, St. Louis County experienced the most incidents (14 total, Figure 5). The most regulated incidents occurred in St. Louis County (8 incidents), followed by Ralls County (5 incidents, Figure 6). Four of the regulated incidents in Ralls County were fish kills that occurred in the reregulation pool below Mark Twain Lake’s Clarence Cannon Dam in 2010. The most non-regulated incidents occurred in Clay County (7 incidents, Figure 7), and the most “unknown” source incidents occurred in St. Charles County (5 incidents, Figure 8). Water pollution incidents and fish kills were not documented in several counties in the northwestern and south-central/southeastern portion of the state during 2007-2011. Reasons for this pattern are unknown.

Figure 5. Map of number of investigations conducted by Missouri Department of Conservation personnel during 2007-2011 per county.

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Figure 6. Map of regulated source investigations conducted by Missouri Department of Conservation personnel during 2007-2011.

Figure 7. Map of non-regulated source investigations conducted by Missouri Department of Conservation personnel during 2007-2011.

Fish Kill

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Figure 8. Map of “unknown” source investigations conducted by Missouri Department of Conservation personnel during 2007-2011.

ENFORCEMENT STATUS OF FISH KILL AND POLLUTION CASES Forty-four incidents occurring during 2007-2011 and previous years have been resolved, while eight enforceable incidents have not been resolved. The Missouri Department of Natural Resources was the primary agency enforcing the cases described in this section. The majority of cases were resolved through settlement agreements, which included reimbursements of damages to fish and wildlife, reimbursements of investigative costs, and civil penalties.

Settlement funds totaled over $800,000. Damages for injured animals totaled $55,189.63. Of the damage funds, $51,787.67 was transferred to the MDC Fish Kill Grant Fund, which is spent on projects benefiting aquatic resources in Missouri. The remaining $3,401.96 of the damage funds was transferred to the Chemical Emergency Preparedness Fund outside of MDC. The MDC received $38,754.03 in reimbursements for investigative costs, which was also transferred to the MDC Fish Kill Grant Fund. Penalty monies and costs for supplemental environmental and mitigation projects were assessed by the DNR and totaled over $700,000. Penalty monies were transferred to the school district of the county in which the pollution occurred. Any suspended penalties will be assessed by the county court if future violations occur. A breakdown of settlement funds and brief descriptions of these cases are located in appendices E and F.

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PROJECTS FUNDED BY FISH KILL GRANTS Reimbursements for MDC investigative costs and 90% of fish damages are directed to a Fish kill Grant Fund that is administered by the Fisheries Division. Project proposals are solicited on an annual basis from Fisheries, Protection, and Resource Science divisions. Eligible projects benefit water quality and aquatic habitat. The following gives a summary of some of the fish kill grants awarded during 2007-2011. Lick Log Hollow Water Quality Monitoring Project Best management practices (BMP) were implemented in Angeline Conservation Area in order to improve water quality and physical habitat in Lick Log Hollow, a perennial first order stream which is a direct tributary to Jacks Fork River. Prior to BMP implementation, stream fecal bacteria and nutrient levels were elevated due to equestrian traffic in the area (Woods 2011). Aquatic Organism Passage Barrier Interactions with Fish and Habitat Structure in Northern Missouri Streams, with Emphasis on Priority Watersheds One goal of this project is to address the pros and cons of replacing road crossings and performing grade control mitigation in streams with Aquatic Organism Passage (AOP) barriers in Northern Missouri. The University of Central Missouri will be conducting the study using a graduate student. The results of the study have the potential to protect remaining intact stream habitat and fish communities in stable Northern Missouri stream segments by verifying the need for grade control when AOP barriers, typically box culverts, are replaced or removed. Missouri Stream Team Watershed Coalition – State of Missouri Streams In July 2013 the Missouri Stream Team Watershed Coalition (MSTWC) published the “State of Missouri’s Streams: Summary of Chemistry Data 1993-2010” which was funded by a fish kill grant. The report followed “State of Missouri’s Streams: Summary of Missouri Stream Invertebrate Data 1993-2010” which was published in 2011 and funded by an outside source. These two reports summarize and interpret the analyses for Missouri Stream Team volunteer invertebrate and water chemistry data (dissolved oxygen, pH, nitrates and conductivity). The analyses 1) provide a better understanding of water quality statewide over the last 17 years, 2) provide feedback to volunteers, and 3) educate the general public, community leaders, and decision makers on the health of our state’s waterways. The analysis and dissemination of this information will hopefully spur volunteers who have done minimal monitoring into re-dedicate themselves. These publications were disseminated to the Stream Team community, general public, elected officials, and community leaders. Additional copies have been retained for distribution at face-to-face events (conferences, watershed meetings, etc.).

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LONG-TERM TRENDS Data are presented in this section to examine long-term trends dating back to 1988. The Fish Kill and Pollution Program stores information for incidents occurring before 1988; however, data from incidents prior to 1988 are not completely digitized. The “unknown” category is not included in this section because it contains incidents with wide ranging pollution sources and causes. Overall, municipal pollutants were the dominant cause of regulated incidents over time (for 20 out of 24 years, Figure 9). In general, the number of incidents for all pollution sources peaked in the mid- to late 1990s and has declined since (figures 9 and 10 A-E, Appendix G). The exception to this statement is fish kill incidents caused by transportation sources which have fluctuated between 1 and 5 incidents per year since 1988 and show no increasing or decreasing trend (Figure 10D). Non-regulated incidents drastically increased in 1991 when the program began tracking private pond fish kills then drastically decreased in 2006 when the program stopped tracking private pond fish kills (Figure 10F). The 2009 change in notification protocol clarified reporting of natural fish kills in waters of the state, which explains the increase in non-regulated incidents during 2010 and 2011.

Figure 9. Long-term (1988-2011) trends in regulated incidents. The “other” source category includes miscellaneous pollution sources and is not included in the figure.

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17

CONCLUSION

The MDC has a statutory responsibility and authority to protect fish, forest, and wildlife in Missouri, and conducting fish kill and pollution investigations is an activity that fulfills this responsibility. The success of the Fish Kill and Pollution Program relies on partnerships with state and federal resource agencies, especially the DNR (the clean water authority in Missouri). MDC’s strong partnership with DNR plays a crucial role during all stages of the investigative process, from initial notification, on-scene response, damage and penalty assessment, enforcement, and finally appropriating reimbursed funds to benefit natural resources. Without this partnership, many polluters would not be held responsible for damaging Missouri’s aquatic resources. During 2007-2011, MDC was involved in 185 fish kill and pollution investigations. Over 400,000 fish and other animals valued at $158,724.61 were killed during these incidents. Forty-four incidents occurring during 2007-2011 and previous years have been resolved through settlement agreements. Settlement funds totaled over $800,000. During 2007-2011, MDC directed Fish Kill Grant funds to three projects that benefit aquatic resources. Despite the program’s successes, there remain areas of concern. Three areas of concern highlighted in this report are fish kills caused by hydropower dams (page 6), fish kills and water quality in the Bootheel region (page 7), and aquatic life’s struggle to survive due to agricultural pollution in Vernon County (page 5). Mitigation and abatement of pollution in these areas will require creative management and enforcement solutions.

18

LITERATURE CITED Cooperative Agreement between the Missouri Department of Natural Resources and the Missouri

Department of Conservation for investigating fish kills in Missouri waters. From Missouri Department of Conservation SharePoint*

Fish Kills and Water Pollution-Procedures for Notification and Action. From Missouri Department of

Conservation SharePoint* Missouri Stream Team Watershed Coalition. 2011. State of Missouri’s Streams: Summary of Missouri

Stream Invertebrate Data 1993-2010. From URL http://mstwc.org/pdf/StreamTeamReportWEB.pdf

Missouri Stream Team Watershed Coalition. 2013. State of Missouri’s Streams: Summary of Chemistry

Data 1993-2010. From URL http://mstwc.org/pdf/Stream%20Team%20Chem%20WEB.pdf O’Hearn, R., S. Gao, and G. Stoner. 2011. Evaluation of Bagnell Dam fish barrier net-2010 final report.

Missouri Department of Conservation. 23 pp. From Missouri Department of Conservation SharePoint*

Southwick, R. I. and A. J. Loftus, editors. 2003. Investigation and monetary values of fish and freshwater mussel kills. American Fisheries Society, Special Publication No. 30, Bethesda, Maryland. Woods, Dave. 2011. Lick log hollow water quality monitoring report. Missouri Department of

Conservation. From Missouri Department of Conservation SharePoint* Zweig, L., M. Baumer, and B. J. Gorlinsky. 2005. Missouri pollution and fish kill investigations-2002.

Missouri Department of Conservation. 19 pp. From Missouri Department of Conservation SharePoint*

For readers outside MDC that desire a copy, please contact the Fish Kill Program Manager at 3500 East Gans Road, Columbia, Missouri 65201.

19

Appendix A. Other significant program accomplishments during 2007-2011

As part of a continuous effort to achieve complete and thorough investigations, more efficient and rapid response to pollution incidents by MDC personnel, and enhanced protection of the fish and wildlife resources of the state, the following accomplishments were achieved by the Fish Kill Program during 2007-2011:

Personnel Changes The most significant changes during 2007-2011 were not accomplishments. In 2008, the Environmental Review Biologist in the Aquatic Health Unit retired and the position was not refilled. This position provided technical reviews from a fish and wildlife perspective for National Pollutant Discharge Elimination System (NPDES) permits, total maximum daily loads (TMDL’s), Water Quality Standards, and site-specific water quality criteria. Other duties included serving as the MDC representative for various workgroups, most notably the nutrient criteria technical workgroup, and conducting literature reviews for the Aquatic Health Unit. The most recent literature review was conducted for purposes of defining early life stages and water quality requirements of Missouri fishes. These duties are now divided among the two remaining Aquatic Health Unit biologists, their supervisor, and other biologists throughout MDC. In April 2009 the Fish Kill Program Manager resigned. The program was without a manager until September 2009. The Fish Contaminants Specialist filled this role during the interim period. The Fish Contaminants Specialist played a key role in the revised notification and response procedures mentioned below.

Procedural Notification Changes In 2009, the cooperative agreement between the DNR and MDC on fish kill and pollution investigations was revised and implemented. The revision included the new contact protocol for MDC and DNR staff, which was mentioned in the methods section of this report. An internal memo from the Division Chiefs addressed to all MDC staff was distributed to notify staff of the change in notification procedures. A wallet card was created in 2009 to assist on-site responders and investigators when encountering or being dispatched to a fish kill or pollution incident. Wallet cards were used in the past by the Fish Kill Program and were brought back to aid in the transition to the new notification and response procedure. Wallet cards were distributed at New Agent and refresher trainings.

Technical Assistance

River Surveillance Flights The Aquatic Health Unit partnered with the DNR, US Coast Guard, and the EPA in conducting pollution surveillance flights of the Missouri and Mississippi Rivers during 2010. This multi-agency effort originally developed out of the Environmental Crimes Task Force in 2003.

Algal Toxins An interagency group began meeting during 2007 in response to an increase in reported toxic algae- associated pet and livestock deaths in Missouri. The objectives of these meetings were to share information, develop a notification protocol for handling algal toxin inquiries and to update or develop educational materials to provide to the public. The MDC’s primary role was compiling information about the risks to fish and wildlife in Missouri and control or management of toxic algae. Other participating entities include DNR, Missouri Department of Health and Senior Services, Missouri Department of Agriculture, and the University of Missouri.

20

Bagnell Dam Fish Barrier Net In response to a 3.3 million dollar fish kill that occurred in 2002 below Bagnell Dam (Zweig et al. 2005), a fish barrier net was installed in Lake of the Ozarks in front of the dam to mitigate turbine and trash rack injuries. Net installation was completed during the winter of 2008. Monitoring to evaluate the effectiveness of the net was conducted during 2009 and 2010, and an analysis of the data was completed in 2011 (O’Hearn et al. 2011).

Training Training on water pollution and fish kill investigation procedures was given to Conservation Agent trainees during the summers of 2007-2009 and 2011. This training is conducted to familiarize MDC field staff with the strict investigation procedures which must be followed during every investigation to ensure consistency. The same training was given to regional Fisheries staff during 2007 and to regional Fisheries and Protection staff during winter 2011/2012. MDC Protection and Fisheries divisions are invaluable to MDC’s ability to respond to pollution problems statewide in a professional and timely manner. Without their assistance, the task would be overwhelming.

Damages In 2007 AHU began work on a small natural resources damage model to more accurately assess injuries and damages resulting from pollution caused fish kills. Our objective is to account for lost services during the recovery period.

Other Miscellaneous The Fish Kill and Pollution Response Manual and On-Scene Investigative Forms were updated in 2011. Some updates to the manual include the addition of a dichotomous key to interpreting the scene of a fish kill and guidance for interpreting water chemistry on-scene. Annual reports of Missouri Pollution and Fish Kill Investigations 2005 and 2006 were completed during 2007 and 2008, respectively.

21

Appendix B. Summary of regulated source incidents during 2007-2011. Data is listed alphabetically by county. ND=not determined, NC=not calculated, DO=dissolved oxygen, WWTF=wastewater treatment facility

County Waterbody Name Incident Date Source Cause Number Animals

Killed Value

Adair Bear Creek 08/01/08 Municipal: Broken wastewater line 16 $9.19

Benton Lake of the Ozarks headwaters 05/01/08 Municipal: Physical damages from high water releases

143 $110,014.87

Benton Carman Creek-along Highway 65 07/21/10 Other Source: Silt runoff 0

Boone Shady Lake 07/12/11 Other Source: Karmex herbicide 114 $2,159.52

Boone Bear Creek, tributary to 09/09/11 Municipal: Raw sewage 20 $3.11

Callaway Private Pond/Middle River, tributary to 09/16/08 Municipal: Landfill leachate/ low DO 49 $1,280.78

Callaway Smith Branch 03/05/10 Municipal: Sewage bypass 0

Cape Girardeau Juden Creek 08/19/08 Municipal: Sewage line cleanout 141 $60.36

Cass East Fork of South Grand River 07/01/10 Agricultural: Soured corn release 91 $112.78

Cass Oil Creek, tributary to 03/23/11 Municipal: Sewage 6 NC

Cedar Aves Creek 12/07/10 Agricultural: Hog lagoon effluent 2,482 $475.77

Clay Town Branch 08/27/10 Municipal: Chlorine 100-200 NC

Clinton Horse Fork 05/10/10 Municipal: Chlorinated water 0

Cole Moreau River, tributary to 02/24/11 Municipal: Wastewater bypass 0

Cole Greys Creek, tributary to 07/24/11 Municipal: Sewage overflow 28 $25.55

Cole Moreau Creek, tributary to 08/21/11 Municipal: Sewage overflow 1,289 $173.13

Cooper Hog lagoon 04/15/10 Agricultural: Manure 0

Cooper Ream Branch 09/21/11 Municipal: Sewage overflow 1,115 $232.40

Crawford Pleasant Valley Creek 12/09/11 Municipal: WWTF release 146 $48.87

Dade Horse Creek 06/21/11 Municipal: Low DO/chlorine 239 $255.22

DeKalb Castile Creek 08/12/10 Transportation: Diesel fuel 0

Dunklin Elk Chute Ditch 01/11/10 Transportation: Diesel fuel and motor oil 0

Greene Jordan Creek 03/30/07 Industrial: Molasses 102 $11.56

Greene Little Sac River 10/24/07 Municipal: Sewage overflow 3,874 $2,414.29

Greene South Dry Sac/Little Sac River 09/12/08 Municipal: Alum, potassium permanganate 645 $245.34

Henry Deepwater Creek 06/13/11 Municipal: Low DO/ physical trauma 416 $323.84

22

Appendix B continued.

County Waterbody Name Incident Date Source Cause Number Animals

Killed Value

Holt Kimsey Creek, tributary to 03/29/10 Other Source: Solid waste dumping 0

Jackson Prairie Lee Lake, tributary to 05/24/09 Municipal: Sewage 62 $9.83

Jackson Raintree Lake Retention Pond 05/26/09 Other Source: Cutrine Plus algaecide 53 $50.46

Jackson Lake Nell 04/12/11 Other Source: Sewage lagoon pump out 0

Jackson East Fork of Little Blue River 07/25/11 Other Source: Flow alteration > 10,000 $48.05

Jasper Center Creek 01/07/07 Municipal: Raw sewage 0

Jasper Center Creek, tributary to 04/02/10 Industrial: Sewage and waste cheese products 41 $63.94

Jefferson Moss Hollow Creek to Glaize Creek 07/20/07 Municipal: Chlorinated water 14,417 $2,183.50

Jefferson Joackim Creek 08/24/07 Municipal: Ethanol in plant effluent 4,821 $2,889.81

Jefferson Muddy Creek, tributary to 11/17/10 Transportation: Foam to extinguish fire several NC

Jefferson Rock Creek 08/01/11 Municipal: Chlorine 824 $187.26

Johnson-Cass Butcher Creek tributary and Crawford Creek

11/16/11 Transportation: Hydrostatic testing 0

Laclede Jones Creek, tributary to 02/28/09 Transportation: Fuel/ fire suppressant foam >13 NC

Laclede Cobb Creek, tributary to 03/07/10 Other Source: Sewage from neighbor’s lagoon 2 NC

Lewis Private Pond 05/04/09 Agricultural: Hog manure 97 $528.20

Lewis Troublesome Creek 09/15/11 Agricultural: Cattle manure 35 $27.57

Macon Middle Fork of the Chariton River 09/28/08 Agricultural: Hog waste ND NC

Macon Middle Fork Chariton River, tributary to 08/09/11 Municipal: Untreated sewage 6 $4.23

Marion Bear Creek 09/15/07 Agricultural: Hog manure 155 $57.28

Marion Sees Creek, East Branch 09/01/08 Agricultural: Hog effluent 381 $111.17

Miller Blythes Creek 12/18/08 Agricultural: Hog manure 0

Miller Blythes Creek, tributary to 04/24/09 Agricultural: Hog waste 40 $12.46

Morgan Haw Creek 07/18/11 Agricultural: CAFO release 11,100 $5,608.38

New Madrid Little River 09/12/10 Agricultural: Low DO from organic matter from mowing & digging

50 NC

New Madrid Ash Slough Ditch, tributary to 08/22/11 Transportation: Aviation fuel 4,822 $798.38

Newton Private pond 03/23/07 Agricultural: Litter spreading 31 NC

23

Appendix B continued.

County Waterbody Name Incident Date Source Cause Number Animals

Killed Value

Newton Lost Creek 06/13/11 Municipal: Sewage 0

Pemiscot Belle Fountain Ditch 09/30/07 Industrial: Land application of glycerin 25,694 $12,309.83

Pettis Sewer Branch, tributary to 12/30/11 Municipal: Sewage 799 $104.06

Phelps Spring Creek, tributary to 07/25/07 Municipal: WWTF discharge 2,568 $497.82

Phelps Spring Creek, tributary to 11/29/07 Municipal: Chlorine 845 $153.01

Platte Dick's Creek, tributary to 04/15/10 Agricultural: Hog waste 0

Putnam Blackbird Creek 01/27/11 Municipal: Sewage pipe rupture 0

Ralls Nichols Creek, tributary to 05/12/10 Agricultural: Lagoon overflow 2 $1.32

Ralls Mark Twain Lake Reregulation Pool 07/12/10 Municipal: Low DO from power generation 200 NC

Ralls Mark Twain Lake Reregulation Pool 07/23/10 Municipal: Low DO from power generation ND NC

Ralls Mark Twain Lake Reregulation Pool 08/09/10 Municipal: Low DO from power generation 500 $816.50

Ralls Mark Twain Lake Reregulation Pool 08/16/10 Municipal: Low DO from power generation 700 $245.44

Reynolds Brushy Creek 01/06/09 Transportation: Soda ash 103 $12.75

Saline Unnamed tributary 11/07/11 Agricultural: Hog manure 40-50 NC

Scotland Middle Fabius River, North Fork 07/05/07 Agricultural: Dairy lagoon waste 11,413 $5,834.90

Scott Ramsey Creek 06/26/07 Transportation: Diesel fuel 477 $637.48

Scott Ramsey Creek 09/25/09 Agricultural: 32% liquid nitrogen fertilizer 372 $217.66

St. Charles Duckett Creek 09/02/08 Municipal: Sewage 0

St. Charles Lake St. Louis, tributary to 04/29/09 Municipal: Sewage overflow 0

St. Francois Turkey Creek 10/23/07 Municipal: Sewage bypass 39 $4.42

St. Francois Big River and Flat River 08/26/09 Municipal: Inadequately treated sewage 0

St. Francois St. Francois River, tributary to 11/08/10 Municipal: 12.5% sodium hypochlorite 1,873 $1,526.08

St. Francois St. Francois River below Carl DiSalvo Lake

06/16/11 Other Source: Dewatering 500

St. Louis Walker Lake 01/06/07 Municipal: Chlorinated water 18 NC

St. Louis Fenton Creek, tributary to 08/18/08 Municipal: Chlorinated water- sprinkler system leak

265 NC

St. Louis City Clifton Heights Park 11/23/08 Municipal: Chlorinated water powering fountains 1,245 NC

24

Appendix B continued.

County Waterbody Name Incident Date Source Cause Number Animals

Killed Value

St. Louis Bonhomme Creek 04/15/09 Municipal: Sewage line break 0

St. Louis Mattese Creek 09/09/09 Municipal: Chlorine from broken water pipe 2,169 $1,030.35

St. Louis Louisville Creek, tributary to 03/08/10 Municipal: Sewage 0

St. Louis Martiginey Creek 08/10/10 Municipal: Sewage overflow ND NC

St. Louis Cold Water Creek 04/14/11 Transportation: 29.4% ammonium hydroxide 0

St. Louis Mattese Creek, tributary to 06/12/11 Municipal: Chlorinated water-broken waterline 0

Stoddard Ditch 11, Mingo National Wildlife Refuge

07/30/11 Other Source: Dewatering 789 NC

Taney Lake Taneycomo 05/23/07 Other Source: Lake drawdown 3,115 NC

Texas Big Piney River, tributary to 10/28/09 Industrial: Sodium hydroxide 0

Vernon Coal Branch, Kitten Creek, and Clear Creek

03/02/07 Agricultural: Cattle lagoon effluent 0

Vernon Kitten Creek and tributary to 03/08/10 Agricultural: Cattle lagoon effluent 0

Vernon Kitten Creek 04/05/11 Agricultural: Wastewater 0

Warren Harvest Acres Subdivision Lake 07/31/10 Other Source: Herbicide/pesticide application 1,164 $1,002.98

Washington Big River 10/14/09 Industrial: Gravel wash 0

25

Appendix C. Summary of non-regulated source incidents during 2007-2011. Data is listed alphabetically by county. ND=not determined, NC=not calculated, DO=dissolved oxygen

County Waterbody Name Incident Date Cause Details Number

Animals Killed

Adair Private pond 08/21/10 Low DO Small pond size 25

Andrew Nodaway River 08/23/11 Low DO Backwater due to flooding 100s

Boone Cedar Lake 05/18/10 Low DO Excess nutrients 80

Boone Albert Oakland Park Pond 06/22/10 Low DO 0

Boone Private pond 09/15/10 Low DO ND

Boone Pond near MKT Trail 03/17/11 Water froze Trapped in shallow area 47

Boone Corporate Lake 08/01/11 Low DO >1,100

Camden Lake of the Ozarks 03/02/10 Temperature change 100s

Cape Girardeau Cape La Croix Creek 06/27/08 Low DO Backwater from Mississippi River >1,000

Cape Girardeau Mississippi River/Apple Creek 08/06/09 Low DO Impacts from recent rain 57

Cedar Stockton Lake 02/18/11 Ice/snow cover ND

Chariton Palmer's Creek, cut-off outlet 08/07/09 Low DO Overcrowding 2,000

Clay Cooley Lake 04/06/10 Low DO Stranded 6

Clay Hobby Hill Park creek 08/10/10 Low DO Algae 22

Clay Penguin Park 09/21/10 Large hail Drop in temperature <100

Clay Chaumiere Lake 02/20/11 Weather related ND

Clay Private pond 03/13/11 Low DO < 100

Clay Chaumiere Lake 03/20/11 Cold temperatures ND

Clay Cooley Lake 03/04/11 Low Temperatures Shallow ND

Cole McKay Park Lake 06/24/10 Low DO ND

Cole South Oaks subdivision pond 08/03/11 Low DO 300

Cole Pond D MDC Central Office 08/08/11 Low DO Cloudy weather 14

Cole Binder Lake 10/11/11 Low DO Possibly disease 29

Dunklin Varney River Ditch 06/26/09 Low DO 150-200

Franklin Private pond 07/16/10 Low DO Azolla bloom ND

Franklin Private pond 02/23/11 Low DO ND

Henry South Grand River-Truman oxbow lake 07/30/11 Low DO Isolated in pool 2,401

26

Appendix C continued.

County Waterbody Name Incident Date Cause Details Number

Animals Killed

Hickory Pomme de Terre Lake 02/18/11 Snow/ice cover ND

Hickory Pomme de Terre Lake 11/17/09 Disease suspected Stress and overcrowding 1,000-2,000

Howard Franklin Island Conservation Area 01/10/11 Lack of water

1,000

Jackson Lake Tapawingo 05/05/10 Natural kill Temperature suspected ND

Jackson Alex George Lake 03/18/11 Low DO Shallow lake 1,574

Jasper Private pond 04/25/11 Low water level Storm damage 0

Jasper Spring River 07/29/11 Low DO Large algal growth 0

Johnson Hazel Hill Lake 09/06/11 Disease Stress from hot weather 55

Lafayette Higginsville upper lake 04/29/07 Disease 105

Lafayette Residential lake 05/17/11 Bacterial infection 100

Lewis Mississippi River 08/19/10 Low DO Phytoplankton bloom 8

Lincoln Oxbow lake 08/03/11 Low DO Shallow, high temperatures 4,000

Macon East Fork Little Chariton 03/16/08 Disease 102

McDonald Little Sugar Creek 04/18/07 Disease 0

Moniteau Proctor Park Lake 04/25/07 Lake turnover Spawning stress 105

Monroe Long Branch 09/10/10 Low DO Water level dropped 50-100

Montgomery Brush Creek 07/27/11 Low DO Heavy equipment impacts 76

Morgan Lake of the Ozarks, Gravois Arm 06/30/10 High temperature ND

Ozark Bull Shoals Lake 09/15/11 Low DO ND

Polk-Hickory Pomme de Terre Lake 06/09/07 Disease suspected 1,000

Pulaski Private pond 04/01/08 Possibly disease >100

Reynolds Clearwater Lake/Finley Branch 08/13/10 Euglena bloom 0

Shelby Bevill Farms 02/23/11 Low DO Winter kill after ice off ND

St. Charles Cuivre River Slough (Old Cuivre) 08/31/08 Low DO Trapped after flooding 1,000

St. Charles Meadow Ridge Subdivision Pond 09/02/10 Low DO Pond turnover 2,138

St. Louis Deer Creek 07/12/10 Low DO 2

St. Louis Private pond 08/21/10 Low DO

St. Louis Spring Creek Condominium lake 09/04/10 Low DO Cloudy weather ND

27

Appendix C continued.

County Waterbody Name Incident Date Cause Details Number

Animals Killed

St. Louis Unnamed pond 08/11/11 Low DO 100s

St. Louis Tilles Park Lake 08/16/11 Low DO Algal bloom 6

Stoddard Castor River 11/21/07 Low DO Leaf rot 250-300

Stone Table Rock Lake 04/01/08 Stress from flooding or spawning

30

Stone Table Rock Lake 02/21/11 Snow/ice cover ND

Taney Table Rock Lake 05/13/11 Spawning stress ND

Webster Private pond 09/17/10 Low DO 6

28

Appendix D. Summary of “unknown” source incidents during 2007-2011. Data is listed alphabetically by county. ND=not determined, NC=not calculated, DO=dissolved oxygen, WWTF=wastewater treatment facility

County Waterbody Name Incident Date Suspected Cause Number

Animals Killed

Boone Corporate Lake 05/13/10 Low DO from algal death or storm water runoff 163

Boone Bear Creek Park Pond 03/04/11 Cause of 100+ dead bull frogs unknown 100

Boone Hinkson Creek 08/25/11 Possible sewer problem 593

Cass West Fork East Creek, Hargis Lake outflow 07/27/09 Nutrient-rich discharge from WWTF or dewatering effect ND

Cole Subdivision pond 04/27/08 Possibly natural ND

Cooper Private pond 8/8/2008 Unknown, possibly herbicide >700

Douglas Bryant Creek 08/02/10 Unknown ND

Greene Dickerson Park Zoo 03/19/08 Petroleum sheen 344

Greene Jordan Creek 10/14/10 Unknown 272

Howard Gregg's Creek 09/01/09 Unknown 250

Jasper Turkey Creek 09/26/11 Bright orange seepage/ possibly sewage 0

Lawrence Williams Creek 03/07/07 Possibly herbicide 51

Maries Rinquelin Trail Lake 10/24/11 Unknown 12

McDonald Elk River 05/20/11 Unknown ND

Montgomery Private pond 07/15/10 Unknown, possibly from fungicide ND

New Madrid Floodways (Little River) 10/16/11 Aerial application of herbicide or low DO 79

Newton Middle Indian Creek 07/14/09 Unknown 100

Newton Capps Creek 04/16/10 Either fish and/or pollutant carried downstream or fishing activity 0

Pettis Farrington Park Lake 04/23/07 Unknown 505

Pettis Pinhook Access 05/03/11 Unknown, sewage from resident suspected 0

St. Charles Belleau Creek and tributary 08/08/08 Low DO or herbicide 500-1000

St. Charles Belleau Creek 08/18/08 Unknown 100

St. Charles Dardenne Creek 08/29/08 Unknown 500

St. Charles Peruque Creek 08/31/10 Unknown 1,645

St. Charles Peruque Creek 10/27/10 Unknown 5,600

St. Francois Hager Lake (Farmington City Lake) 04/23/11 Unknown, wastewater suspected 249

St. Louis Missouri River, tributary to 04/29/09 Unknown 30

St. Louis City River Des Peres 06/16/11 Low DO or pesticide spray suspected 750

29

Appendix D continued.

County Waterbody Name Incident Date Suspected Cause Number

Animals Killed

Stoddard No waterbody involved 09/25/07 Unknown bird trauma 100

Stoddard, New Madrid, & Pemiscot

Ditch No. 2 (Drainage District No. 38) 09/12/10 Cotton defoliant application, low DO from crop residue 262,080

Warren Owl Creek subdivision lake 05/14/11 Unknown 100-200

30

Appendix E. Summary of Clean Water Law/Act settlements reached by the State of Missouri during 2007-2011 from incidents involving MDC, including penalties and damages (monetary value of animals). Data is listed alphabetically by county. Cr=creek, Br=branch, Lk=lake, trib=tributary, NRD=Natural Resource Damage, SEPP=Supplemental Environmental Project Plan, MDA=Missouri Department of Agriculture

County Waterbody

Name Incident

Date Responsible

Party Cause

Reimbursements

MDC Total Penalty

(DNR calculates) Damages MDC

Investigative Costs

Adair Bear Cr 08/01/08 Double E

Construction Sewage release,

broken water line $9.19 $727.65 $735.92 $2,000.00

Boone Shady Lk 07/12/11 Vandiver Mobile

Home Park Karmex herbicide

improperly applied $0.00 $0.00

MDA issued letter of warning

Boone Bear Cr, trib 09/09/11 City of Columbia Raw sewage from manhole overflow

$3.11 $561.60 $567.51

Caldwell Kettle Cr 03/31/05 Simpson-Zeysing

CAFO Hog effluent $625.20 $522.54 $1,147.74 $2,000.00

Callaway Private

Pond/Middle River, trib

09/16/08 City of Fulton Low DO from landfill

runoff $1,280.78 $280.81 $1,433.51

$55,250 suspended $51,750 SEPP

Cape Girardeau Juden Cr 08/19/08 KMB Utilities Sewage release- sewer

line clean out $60.36 $280.81 $335.13 $4,000.00

Carter Carter Cr, Right

Fork 06/14/05

North Pacific Lumber Co.

Wood treatment chemicals

$577.53 $526.71 $1,104.24 unknown

Cass East Fork of the

South Grand River

07/01/10 Mokan Seed &

Chem Co. Soured corn waste $112.78 $1,071.33 $1,172.83 $1,000.00

Cass Oil Cr, trib 03/23/11 Guichos

Restaurant Sewage release

$551.54 $551.54 unknown

Clay Town Br 08/26/10 City of Liberty Chlorine from WWTF

$326.37 $326.37

Franklin Flat Cr 04/21/06 Cloud

Manufacturing Citrol degreasing agent $910.68 $504.02 $1,323.63 $10,000.00

Greene Workman's Br 03/07/06 City of Springfield Sewage $169.32 $411.97 $564.36 $18,000.00

Greene Jordan Cr 03/30/07 Drury University/

Tindle Mills Molasses $11.56 $459.93 $470.33 $3,375.00

Greene Little Sac River 10/24/07 City of Springfield Sewage $2,414.29 $801.18 $2,974.04 $18,000.00

31

Appendix E continued.

County

Waterbody Name

Incident Date

Responsible Party

Cause

Reimbursements

MDC Total Penalty

(DNR calculates) Damages MDC

Investigative Costs

Greene South Dry Sac

River 09/12/08 City of Springfield

Alum, potassium permanganate

$245.34 $510.37 $731.18 $15,000 toward SEPP

Jackson Prairie Lee Lk,

trib 05/24/09

City of Lee’s Summit

Sewage release, manhole malfunction

$9.83 $384.42 $393.27 $24,000 penalty

$26,000 to NRD fund

Jasper Center Cr, trib 04/02/10 Schreiber Foods Sewage blockage and

overflow of dairy processing wastes

$63.94 $436.90 $494.45 $11,500.00

Jefferson Moss Hollow Cr

to Glaize Cr 07/20/07

C-1 Water District

Chlorinated water release from broken

pipe $2,183.50 $930.65 $2,895.80 $0.00

Jefferson Joackim Cr 08/24/07 De Soto

Wastewater Biodiesel waste $2,891.81

$2,602.63 $0.00

Jefferson Rock Cr 08/01/11 C-1 Water

District Chlorine from water

main break $187.26 $273.56 $442.09

$8,123.00 paid $7,623 toward SEPP

Lewis Troublesome Cr 09/15/11 Sharpe Holdings Inc. (Heartland

Creamery) Cattle manure release $27.57 $460.27 $485.08 $20,000.00

Macon/ Randolph

Thomas Hill Reservoir

06/02/06 Associated

Electric Coop. Thermal kill $2,351.63 $0.00 $2,351.63 $0.00

Marion Bear Cr 09/15/07 Lehenbauer

Farms Hog manure release-

broken waste line $57.28 $236.98 $288.53

$2,500 paid $25,500 suspended

Marion Sees Cr, East Br 09/01/08 Kendrick finishing

farm Hog effluent $111.17 $1,199.05 $1,299.10 $2,000.00

Miller Blythes Cr, trib 04/24/09 Shady Oak Pork (Cargill Farms)

CAFO release $12.46 $695.21 $706.42 $1,900.00

Morgan Haw Cr 07/18/11 Gilts Way LLC Swine CAFO release $5,608.38 $897.38 $5,944.92 $1,000.00

New Madrid Ash Slough Ditch, trib

08/22/11 AG AIR Crop duster plane

accident, fuel release $797.83 $1,065.24 $1,783.29 $2,000.00

Pemiscot Belle Fountain

Ditch 09/30/07 Natural Biodiesel Biodiesel waste $12,309.83 $9,945.75 $21,024.60

$37,835.31 paid $44,000 suspended

Phelps Spring Cr, trib 11/29/07 City of Rolla Calcium hypochlorite (chlorinated water)

$153.01 $573.64 $711.35 $8,000.00

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Appendix E continued.

County Waterbody

Name Incident

Date Responsible

Party Cause

Reimbursements

MDC Total Penalty

(DNR calculates) Damages MDC

Investigative Costs

Platte Dick's Cr 04/15/10 A & A Farms Hog waste release

$0.00 $0.00 $8,000.00

Ralls Nichols Cr, trib 05/12/10 Lehenbauer

Farms Lagoon overflow $1.32 $474.57 $474.70 $0.00

Reynolds Brushy Cr 01/06/09 Coleman Trucking

Soda ash $12.75 $309.72 $321.20 $0.00

Scotland Middle Fabius

River, North Fork 07/05/07 L. Frederick

Manure waste from dairy operation

$5,834.90 $2,386.18 $7,637.59 $1,000 paid

$11,000 suspended

Scott Ramsey Cr 06/26/07 Melton/

Bakkedahl Trucking

Diesel fuel release, vehicle accident

$637.48 $469.60 $1,680.81 $3,000.00

Scott Ramsey Cr, trib 09/25/09 Kelso Milling Liquid fertilizer $217.66 $458.01 $653.90 $1,000.00

St. Charles Peruque Cr 08/03/06 City of Wentzville Sewage $238.49 $1,374.25 $1,588.89 $10,000.00

St. Francois St. Francois River, trib

11/08/10 City of

Farmington WWTF, chlorine bleach $1,526.08 $2,762.03 $4,135.50 $23,000.00

St. Louis/ Cole Deer Cr and

Boggs Cr 07/06/05

MO American Water Co.

Chlorinated water $11,194.27 $0.00 $11,194.27 $24,000 paid

$12,000 suspended

St. Louis Gravois Cr 10/12/06 MO American

Water Co. Chlorinated water, water main break

$412.24 $596.22 $967.24 $0.00

St. Louis Mattese Cr 09/09/09 MO American

Water Co. Chlorinated water $1,030.34 $786.96 $1,714.27 $7,000.00

Ste. Genevieve South Gabouri Cr 12/13/06 Mississippi Lime Lime and water slurry

from ruptured pipe $872.26 $1,247.08 $2,032.11

$25,000 paid $44,000 suspended $5,000 to NRD Fund

$300,000 to mitigation

Taney Fall Cr 07/28/04 City of Branson Sewage release $26.20 $608.18 $634.38 $7,500.00

Vernon Coal Br, Kitten

Cr, and Clear Cr 03/02/07 Focal Dairies Cattle lagoon effluent

$2,645.35 $2,645.35 $19,000.00

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Appendix F. Brief descriptions of closed and open cases listed alphabetically by county.

Closed Cases Adair County (8/1/08), Double E Construction A private construction crew replacing old drain tile mistakenly broke a sewage line. This caused a light fish kill in Bear Creek. The company reimbursed MDC $727.65 for investigative costs and reimbursed the state $9.19 for fish damages. It is unknown whether the DNR assessed penalties or was reimbursed for investigative time. Boone County (7/12/11), Owner of Vandiver Mobile Home Park The improper application of the herbicide Karmex to the surface water of Shady Lake caused plant and algal decay which lowered dissolved oxygen levels. The lowered dissolved oxygen levels resulted in a fish kill of at least 114 fish. Karmex is not labeled for aquatic use, so a letter of warning from the Department of Agriculture was sent to the responsible party for supervising the use of a pesticide in a manner inconsistent with its labeling required by FIFRA, Missouri Pesticide Use Act, and Missouri Pesticide Registration Act.

Boone County (9/9/11), City of Columbia A tributary of Bear Creek experienced a light fish kill when a manhole overflowed and sewage entered the creek. The City of Columbia agreed to pay for damages ($3.11) and investigative costs ($561.60, does not include DNR investigative costs). Caldwell County (3/31/05), Simpson-Zeysing CAFO The release of effluent from a hog confinement facility resulted in the death of at least 4,117 fish in 4.5 miles of Kettle Creek. A settlement agreement was signed on February 23, 2006. The responsible party agreed to pay a $2,000.00 civil penalty and $3,428.94 for fish damages and investigative costs. Of the latter amount, MDC received $625.20 for fish damages and $522.54 for investigative costs. Callaway County (9/16/08), City of Fulton Low dissolved oxygen caused a fish kill in a private pond and tributary located downstream of the Fulton City landfill. Landfill runoff and leachate was a suspected contributor of low dissolved oxygen conditions in both the private pond and the connecting tributary of the Middle River. DNR inspection and laboratory results documented water quality violations from both sediment runoff and landfill leachate at facility outfalls. The borrow area was not stabilized, BMPs were not in place, and highly eroded areas of soil were visible. Sediment deposits and leachate seeps and pools were visible. A settlement agreement was signed in 2010. The City of Fulton agreed to:

Pay a $72,500 civil penalty, of which $55,250 was suspended as set out in terms from the settlement agreement.

Complete a supplemental environmental performance project, totaling at least $51,750 in lieu of paying the remaining $17,250 civil penalty

Pay stipulated penalties upon failing to make timely submittals or meet compliance dates

Pay $1,280.78 for dead fish and $4,122.26 for investigative costs Cape Girardeau County (8/19/08), KMB Utilities During a sewer line clean out, sewage was released into Juden Creek killing 141 animals, including crayfish. A settlement agreement was signed in 2009. The responsible party agreed to pay a $4,000 civil penalty, $60.36 for damages, and $824.98 for investigative costs.

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Carter County (6/14/05), North Pacific Lumber Company Busane and Busperse, lumber treatment chemicals, were released and were carried by rain into a 0.8 mile section of the Right Fork of Carter Creek killing at least 3,197 fish, 238 crayfish, and 1 snake. A settlement was reached in July 2006 for $577.53 for injuries caused to aquatic life. The MDC was reimbursed $526.71 for investigative costs. Cass County (7/1/10), Mokan Seed and Chemical Company A dam on a retention pond partially filled with soured corn had been cut in the process of making a larger irrigation pond. Water from the pond flowed into the East Fork of the South Grand River. The release killed an estimated 91 fish. An Abatement Order on Consent was signed in 2011. The responsible party paid a $1,000 civil penalty, $112.78 for fish damages, and $2,965.06 for investigative costs.

Cass County (3/23/11), Guichos Restaurant A caller reported seeing dead fish and green/gray water in an unnamed tributary to Oil Creek below a detention basin. Few details were provided pending new information from DNR confirming the source or type of pollution and enforcement action. However, MDC received a reimbursement of $551.54 for investigative costs. Clay County (8/26/10), City of Liberty The Liberty water treatment plant released 500 gallons of hypochlorite into Town Branch, a small tributary of Shoal Creek causing a kill of an undetermined number of fish. A routine compliance inspection on March 31, 2011 revealed that sludge generated as a byproduct of the drinking water purification process was being stockpiled in a location other than the permitted sludge basin. An Abatement Order on Consent was signed in October 2011. The responsible party paid $796.84 for investigative costs and agreed to pay stipulated penalties if they failed to meet conditions detailed in the agreement. Franklin County (4/21/06), Cloud Manufacturing A release of Citrol degreasing agent into Flat Creek resulted in the death of an estimated 5,868 fish in ¾ mile of stream. A settlement agreement was reached on 3/28/08. The responsible party agreed to pay a $10,000 civil penalty, $910.68 for fish damages, and $1,668.03 for investigative costs. The responsible party agreed to develop and implement a Spill Prevention Plan. Greene County (3/7/06), City of Springfield A sewage line back-up resulted in the discharge of sewage into Workman’s Branch causing the death of at least 1,176 animals, including fish, crayfish, tadpoles and salamanders. The City of Springfield paid an $18,000 penalty, $169.32 in fish damages, $2,519.17 for investigative costs, and was required to complete an environmental performance project within 3 years. The project is a study of nutrient transport and fate from municipal biosolids on land application sites. Greene County (3/30/07), Drury University During product unloading, an accidental release of “hundreds of gallons” of molasses into Jordan Creek through a storm drain resulted in the death of an estimated 102 fish. The responsible party agreed to pay a $3,375.00 civil penalty, $11.56 in fish damages, and $2,117.05 in investigative costs. Greene County (10/24/07), City of Springfield A power failure at the Northwest wastewater treatment facility in Springfield resulted in a sewage spill in the Little Sac River. The discharge resulted in the death of an estimated 3,874 fish throughout 1.5

35

miles of stream. A settlement agreement was signed in 2009. The responsible party agreed to pay a civil penalty of $18,000, $2,398.30 for investigative costs, and $2,414.29 for fish damages. Greene County (9/12/08), City of Springfield A fish kill in the South Dry Sac and Little Sac River was believed to be related to a release of alum and potassium permanganate from a damaged sewer line at City Utilities Fulbright wastewater treatment plant. An estimated 645 fish were killed during this incident. A settlement agreement was reached in 2009 between the DNR and City Utilities of Springfield. The responsible party agreed to reimburse the State of Missouri $245.34 for fish damages and $1,012.26 for investigative costs, and agreed to spend up to $15,000 in stream bank stabilization projects. Jackson County (5/24/09), City of Lee’s Summit A sanitary sewer overflow from a manhole resulted in a small fish kill (62 fish) in an unnamed tributary to Prairie Lee Lake. This was one of 8 sanitary sewer overflows within a relatively small time period. In order to correct the issue, the DNR issued an Abatement Order on Consent, which was signed in July 2010. The order required the city to pay a $24,000 administrative penalty, $26,000 towards Natural Resources Damages Fund, and reimbursements for dead fish ($9.83) and investigative costs ($9,707.55). In addition, the responsible party was required to pay stipulated penalties should they not meet the deadlines for completion of installations and operations to prevent this type of incident in the future. Jasper County (4/2/10), Schreiber Foods A sewer blockage caused by processing dairy fats and cheese curds resulted in a discharge into a tributary of Center Creek. The discharge caused a light fish kill (41 fish) in a ¼ mile reach of the stream. A settlement agreement was reached in late 2010. The responsible party agreed to pay an $11,500 civil penalty, $63.94 for fish damages, and $1,123.27 for investigative costs. Jefferson County (7/20/07), Consolidated Public Water Supply District #C-1 An estimated 30,000 gallons of chlorinated water was released from a broken pipe and entered into Moss Hollow Creek and Glaize Creek, killing an estimated 14,417 fish in 1.18 miles of stream. Jefferson County PWSD #C-1 paid $2,183.50 in fish damages and $930.65 for MDC investigative costs.

Jefferson County (8/24/07), City of De Soto The De Soto wastewater treatment plant released a discharge containing glycerin into Joackim Creek. The glycerin was believed to have originated from a home preparation of biodiesel that entered the plant through the sewer system. The discharge killed an estimated 4,821 fish in 1.1 miles of stream. The State of Missouri was reimbursed $2,891.81 for fish damages. Jefferson County (8/1/11), Consolidated Public Water Supply District #C-1 A water main ruptured releasing chlorinated water and killing 824 fish in Rock Creek. An Abatement Order on Consent was signed in May 2012. The responsible party paid $187.26 for fish damages, $273.56 for investigating costs, and a $500 civil penalty. They also agreed to spend at least $7,623 on a supplemental environmental project in lieu of more penalties. The proposed project involved outreach to customers to turn in pharmaceuticals to drop off locations provided by the responsible party. Lewis County (9/15/11), Sharpe Holdings Inc. (Heartland Creamery) A cow manure release impacted 600 yards of Troublesome Creek killing four fish and at least 31 mussels. An Abatement Order on Consent was signed in January 2013. The responsible party agreed to pay a $20,000 civil penalty and to reimburse the state $1,925.80 for investigative costs and fish damages.

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Marion County (9/15/07), Lehenbauer Farms Swine manure from a broken or clogged waste line entered Bear Creek killing 155 animals, including fish, crayfish, and bull frogs (adult and tadpole). A settlement agreement was signed in 2008. The responsible party agreed to pay a $28,000 civil penalty ($25,500 of which was suspended if no repeat violation occurred in the following 2 years), $2,392.43 for investigative costs, and $57.28 for fish damages. The responsible party agreed to apply for a state operating permit for 500 head and to construct a secondary containment berm on their lagoon. Marion County (9/1/08), Kendrick Finishing Farm Equipment to agitate hog effluent was left on unattended. Within 30 minutes, an estimated 30,000 to 50,000 gallons of effluent was spilled due to mechanical failure killing an estimated 381 fish in 1.25 miles in East Branch of Sees Creek. The responsible party agreed to reimburse the state $111.17 for fish damages and reimburse MDC $111.17 for investigative costs.

Miller County (4/24/09), Shady Oak Pork (Cargill Farms) An underground recycle flush line connecting a lagoon to swine barns became detached from the pump, which was being repaired. Discharged wastewater flowed down into a tributary of Blythes Creek killing at least 40 fish and crayfish. A settlement agreement was signed in May 2011. The responsible party agreed to pay a $1,900 civil penalty, $12.46 for damages to aquatic life, and $1,376.17 for investigative costs. New Madrid County (8/23/11), Ag-Air Inc. A crop dusting plane crashed during take-off into a tributary to Ash Slough Ditch. Jet fuel was released killing an estimated 4,820 fish in 3.8 miles of stream. An Abatement Order on Consent was signed in July 2012. The responsible party reimbursed the state $797.83 for fish damages, $2,188.58 for investigative costs, and paid a $2,000 civil penalty. Pemiscot County (9/30/07), Natural Biodiesel Dumping and land application of at least 187,233 gallons of glycerin (waste) from a biodiesel facility caused a heavy fish and mussel kill in a 3 mile section of Belle Fountain Ditch. An estimated 25,694 animals were killed, including fish, crayfish, and mussels. In addition, more than 80 federally listed endangered fat pocketbook mussels were killed during this incident, making this one of the most devastating kills in our program’s history.

The responsible party pled guilty to one felony count of violating the Clean Water Act and was sentenced to two years of probation. A settlement agreement between the responsible party, the DNR, and the Missouri Attorney General was signed in 2009. The responsible party agreed to pay $12,309.83 for damages to aquatic life (does not include endangered mussels), $19,854.86 for investigative costs, and a $81,835.31 civil penalty, $44,000 of which was suspended under the condition that they do not violate Clean Water Law for a two year period after the execution of the agreement. All aspects of the case involving endangered mussels were handled by the US Fish and Wildlife Service. Pettis/Morgan County (7/18/11), Gilt’s Way LLC The owner of a swine facility reported losing an unknown amount of hog waste from his lagoon while performing repairs on his free board. After repairs were made he checked a nearby waterway and noticed that the waste had entered Haw Creek. The spill killed an estimated 11,100 fish and crayfish in one mile of stream over a three day period. An Abatement Order on Consent was signed in August 2012. The responsible party reimbursed the state $5,608.38 for damages to aquatic life and $2,751.22 for investigative costs, and paid a $1,000 civil penalty.

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Phelps County (11/29/07), City of Rolla A chlorine release from a city treatment plant killed an estimated 845 fish in a tributary of Spring Creek. A settlement was reached on August 4, 2008. The City of Rolla agreed to pay an $8,000 civil penalty, $153.01 in fish damages, and $1,052.21 in investigative costs. The city agreed to perform in-service training to all current wastewater employees emphasizing the environmentally safe use of chemicals and cleaning agents. Platte County (4/15/10), A & A Farms A swine CAFO was land applying a million and a half gallons of hog waste when a hose broke and discharged waste into a ditch which entered Dick’s Creek. Investigators also found several dead piglets outside a compost pile. Although the ditch was black, there were no dead fish found. A follow-up inspection showed that the creek’s condition had improved due to rainfall. An inspection report was sent that included a requirement to properly cover swine mortalities and properly operate the composter so that there is no discharge. A settlement agreement was signed in 2011. The responsible party agreed to pay an $8,000 civil penalty and reimburse the state $1,510.23 for investigative costs. Ralls County (5/12/10), Lehenbauer Farms A swine lagoon overflow contaminated one mile of a tributary of Nichols Creek. A settlement agreement was reached in December 2010. The responsible party agreed to reimburse the State of Missouri $1.32 for fish damages and $4,542.76 for investigative costs. The owner was to submit a closure plan to properly close the lagoon and convert it to a clean water pond. Failure to do so would result in penalties of $500 per day. Randolph County (6/2/06), Associated Electric Cooperative Hot water discharges from the Thomas Hill Power Plant caused a fish kill in Thomas Hill Reservoir. An estimated 3,444 fish were killed valued at $2,351.63. A cooperative agreement was reached on June 5, 2007. Associated Electric Cooperative agreed to pay the State of Missouri for fish damages and submit a report within 90 days to DNR to propose a control plan for discharges and/or operational changes to avoid future fish kills with an implementation schedule. Reynolds County (1/6/09), Coleman Trucking A dump truck accident resulted in the release of diesel fuel and soda ash in Brushy Creek. The spill caused a small fish kill of an estimated 103 fish. DNR staff conducted pH testing throughout the cleanup process which indicated a steady decline in pH as the soda ash was excavated from the stream. A settlement agreement was signed in August 2009. The responsible party agreed to reimburse the state of Missouri $12.75 for fish damages and $785.87 for investigative costs. Scotland County (7/5/07), L. Frederick A dairy farm lagoon overflowed into an unnamed tributary eventually reaching the North Fork of the Middle Fabius River. The release resulted in the death of an estimated 11,326 fish and 87 crayfish within a 2.7 mile reach of stream. A settlement agreement was signed on July 22, 2008. The responsible party agreed to pay a $12,000 civil penalty ($11,000 suspended if no new violation in 2 years), $5,834.90 for damages, and $4,689.80 for investigative costs, in addition to submitting a waste handling and stormwater management plan within 60 days of the agreement. Scott County (6/26/07), Bakkedahl Trucking Diesel fuel from a vehicle accident entered Ramsey Creek killing an estimated 477 fish and crayfish. The responsible party agreed to reimburse the State of Missouri $637.48 for damages to aquatic life and $2,608.84 for investigative costs.

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Scott County (9/25/09), Gateway Feed Company and Kelso Milling Approximately 2,000 to 3,000 gallons of 32% nitrogen liquid fertilizer was released from a poly storage tank owned by Kelso Milling. The release killed an estimated 372 fish and crayfish in Ramsey Creek. An inspection showed that the tanks were located within 20 feet of a tributary to Ramsey Creek and that none of the tanks were locked, fenced, or stored within a secondary containment structure. A settlement agreement was signed in 2010. The responsible party agreed to pay a $1,000.00 civil penalty, $217.66 for fish damages, and $2,402.47 for investigative costs. In addition, the responsible party agreed to pay stipulated penalties if they failed to meet deadlines for completing corrective measures that would prevent future incidents of this type. St. Charles County (8/3/06), City of Wentzville The release of an estimated 118,000 gallons of sewage from a manhole overflow killed an estimated 250 fish in a 500 meter reach of Peruque Creek. A settlement agreement was reached on January 30, 2008. The City of Wentzville reimbursed the State of Missouri $238.49 for fish damages and $2,149.91 for investigative costs, paid a $10,000 penalty, and was required to complete improvements to its collection system. St. Francois County (11/8/10), City of Farmington A broken PVC pipe at a wastewater treatment facility resulted in the release of approximately 105,000 gallons of treated, super-chlorinated effluent and 40 gallons of chlorine solution. The chlorinated effluents entered a tributary of the St. Francois River causing a large fish kill. In addition to counting dead fish in the stream, MDC investigators counted fish which were discovered in a dumpster at the facility (photo on cover). A total of at least 1,873 fish were killed during this incident. An Abatement Order on Consent was signed in March 2011. The City agreed to pay a $23,000.00 civil penalty, $1,526.08 for fish damages, and $8,146.81 for investigative costs. St. Louis County (7/06/05) and Cole County (12/25/05), Missouri American Water Company Water main ruptures caused the loss of at least 60,978 fish in three miles of Deer Creek in St. Louis County and 261 fish in a small segment of Bogg’s Creek in Cole County. A settlement agreement for both cases was signed in November 2006. The company denied the violations but paid for investigative costs and damages. The settlement included a $24,000 penalty with $12,000 suspended if a Supplemental Environmental Performance Project was completed. The State of Missouri recovered $11,194.27 in fish damages and $2,936.66 in investigative costs. St. Louis County (10/12/06), Missouri American Water Company Chlorinated water originating from a water main break was released into Gravois Creek killing an estimated 4,032 fish. A second fish kill occurred on August 8, 2007 due to a water main break. A settlement agreement was reached in 2008. The responsible party agreed to pay $412.24 for fish damages and $1,268.43 for investigative costs for the two incidents. St. Louis County (9/9/09), Missouri American Water Company A 24 inch water main located in Mattese Creek ruptured and released chlorinated water causing a heavy fish kill. An estimated 2,169 fish were killed as a result of the spill. A settlement agreement was signed in 2010. The responsible party agreed to pay a civil penalty of $7,000, $1,030.34 for fish damages, and $1,047.61 for investigative costs.

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Ste. Genevieve County (12/13/06), Mississippi Lime Company Mississippi Lime Company released an unknown amount of lime and slurry water via a broken pipe into South Gabouri Creek. Aquatic life was impacted for 2 miles. An estimated 4,611 animals, including fish and crayfish were killed due to the release. In the settlement the company agreed to pay:

A civil penalty of $25,000 with $44,000 suspended

$3,144.22 for investigative costs

$872.26 for aquatic life damages

$500 to DNR’s Natural Resources Damages Fund and

Invest $300,000 in pollution mitigation projects at the plant including the improvement of the slurry transport system

Taney County (7/28/04), City of Branson A sewer line break at the Cooper Creek wastewater treatment facility released 20,000-30,000 gallons of untreated sewage into Fall Creek. The fish kill was confined to a few pools in the stream. Notices of Violations were issued by the Department of Natural Resources for the discharge and for violations of the dissolved oxygen and ammonia water quality criteria. A consent decree was signed on April 30, 2006. A penalty of $7,500.00 was collected, and the state was reimbursed a total of $1,218.58 for investigative costs and damages. Of this latter amount, MDC received $26.20 for fish damages and $608.18 for investigative costs. Vernon County (3/2/07), Focal Dairies MDC received multiple complaints about discolored water from Vernon County residents during 2007. Some residents described the discoloration as an ongoing problem. MDC investigated and discovered excessive land application of cattle lagoon effluent on saturated soils which resulted in runoff impacting over 4 miles of Coal Branch, Kitten Creek and Clear Creek. There was not a fish kill associated with this incident; however, the MDC on-site investigator did not observe live fish in the affected streams. Approximately one year later (3/12/08) DNR inspected the site and observed a small fish kill. The responsible party reimbursed MDC $2,645.35 for investigative costs in 2009. However, subsequent complaints were filed with MDC in the spring of 2010 and 2011. The MDC investigated and findings similar to the 2007 incident were documented. Although only one small fish kill was associated with these pollution events it is suspected that the stream is devoid or near devoid of fish due to ongoing pollution which prevents the recolonization of the stream and maintenance of a healthy fishery.

Open Cases These cases are currently being evaluated by DNR Compliance and Enforcement group in the Water Pollution Control Branch of the Water Protection Program. Cole County (8/21/11), Jefferson City Wastewater Utility Services A sewage overflow occurred in a tributary to Moreau Creek due to a power failure at a pumping station. An estimated 1,289 fish valued at $173.13 were killed. Cooper County (9/21/11), City of Boonville A lift station failure caused three manholes to overflow into Ream Branch. An estimated 1,115 fish valued at $232.40 were killed due to the release. Fish injuries and damages are vastly underestimated because steep muddy stream banks and deep silt in the channel rendered much of the site inaccessible to responders.

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Crawford County (12/9/11), City of Cuba A mechanical issue at the City of Cuba’s wastewater treatment plant allowed solids and partially treated wastewater to enter Pleasant Valley Creek killing an estimated 146 fish valued at $48.87.

Henry County (6/13/11), Kansas City Power and Light A fish kill in Deepwater Creek below Montrose Dam was reportedly caused by low dissolved oxygen levels. An estimated 416 fish valued at $323.84 were killed during the initial dewatering and the subsequent spillway release. Fish kills below Montrose Dam are a recurring problem (first case documented in 1975). Collaborative re-evaluation of mitigation efforts is needed in order to maintain a thriving fish community below the dam and to prevent future fish kills. Macon County (8/9/11), City of Bevier A sewage line break caused a small fish kill in Sulfur Creek, a tributary of the Middle Fork of the Little Chariton River. Six dead bullheads were found and approximately 400 to 500 live bullheads were seen piping for oxygen at the surface.

Pettis County (12/30/11), City of Sedalia

A sewer line was plugged substantially with debris causing a back-up and overflow of a manhole near

Sewer Branch killing almost 800 fish in a tributary of the stream. DNR and the City of Sedalia are

working towards an agreement that would allocate penalty money towards implementing a

supplemental environmental project. Efforts might include trash pickup in the stream, stream bank

stabilization, stream monitoring, and restoring the name of the stream to “Pearl River.” The City of

Sedalia requested technical assistance from MDC for the monitoring and stream bank stabilization

projects.

Saline County (11/7/11), Swine farm

A DNR employee reported 40-50 dead minnows in a drainage creek downstream from where a large hog

farm had recently released a significant amount of manure effluent. This case was referred to the

Attorney General’s office.

St. Louis County (8/10/10), St. Louis Metropolitan Sewer District

Human sewage overflowed from a manhole into Martiginey Creek killing an unknown number of fish.

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Appendix G. Summary of pollution investigation, fish kills, and estimated mortality (1970-2011). Data are incomplete prior to 1988. I=number incidents, K=number kills, #=number of dead animals. UNK=unknown

MUNICIPAL AGRICULTURAL INDUSTRIAL TRANSPORTATION OTHER NON-REGULATED

Year I K # I K # I K # I K # I K # I K #

1970 9 221,000 6 39,000 6 201,500 3 45,550 2 130,000

1971 13 187,000 8 33,000 8 170,500 4 38,500 3 110,000

1972 10 183,600 7 32,400 7 167,400 3 37,800 3 100,800

1973 9 34,000 6 6,000 6 31,000 3 7,000 2 20,000

1974 12 54,400 7 9,600 7 49,600 3 11,200 3 32,000

1975 12 105,400 8 18,600 8 96,100 3 21,700 3 62,000

1976 7 8,500 5 1,500 5 7,750 2 1,750 2 5,000

1977 7 47,600 4 8,400 4 43,400 2 9,800 2 28,000

1978 39 7 14,421 19 12 16,740 36 7 13,953 40 3 855 14 2 422,185 27 27 16,003

1979 37 17 25,057 23 15 14,442 39 6 89,314 44 3 44,733 21 17 161,772 29 29 9,155

1980 31 14 114,817 18 10 16,476 34 5 98,729 21 N/A N/A 18 14 38,438 35 35 23,443

1981 46 10 200,463 34 20 22,366 37 4 2,317 23 2 37,000 13 10 16,612 40 39 9,495

1982 25 8 4,728 16 12 14,693 24 2 4,424 34 1 N/A 19 12 1,414 18 18 7,074

1983 17 9 20,023 15 9 6,328 26 6 12,730 18 4 6,227 24 21 10,834 9 9 4,765

1984 28 13 12,433 17 10 62,522 41 3 853 23 3 1,285 13 12 14,615 11 11 105,578

1985 22 9 3,854 24 13 41,599 25 2 2,843 22 3 21,118 18 13 15,277 21 19 52,817

1986 40 18 38,010 25 12 12,086 26 7 4,236 28 2 N/A 44 18 955 42 14 28,848

1987 38 17 38,333 22 8 11,033 19 7 7,915 24 1 200 41 21 19,679 45 43 45,641

ELECTRONIC DATABASE COMPLETE BEYOND THIS POINT

1988 16 4 13,006 13 7 32,263 19 8 20,925 14 1 1,112 25 12 12,286 35 35 113,016

1989 27 8 1,015 22 12 27,546 25 7 13,684 11 1 186 19 14 5,991 37 36 35,122

1990 33 11 7,462 25 11 49,983 23 5 36,496 16 5 12,334 25 14 17,089 31 28 281,161

1991 21 8 20,436 28 14 14,639 38 12 55,114 15 3 2,952 36 23 5,962 223 220 60,864

1992 33 16 16,018 22 6 14,063 24 6 31,006 17 2 57 20 8 69,211 207 203 30,934

1993 37 10 6,288 23 8 26,234 42 8 17,646 17 3 5,500 16 6 23,950 137 135 89,748

1994 50 18 78,385 23 9 59,603 33 8 106,743 24 2 9,684 23 8 247,292 206 196 83,017

1995 40 20 30,419 25 12 304,222 21 7 16,176 13 0 0 33 21 20,560 238 236 87,718

1996 36 14 10,875 37 9 54,999 22 10 379 12 2 10,875 37 16 66,135 139 136 105,031

1997 37 15 8,481 25 8 1,504 17 5 2,404 9 1 14 31 22 7,127 229 222 55,984

1998 15 6 155 22 6 92,052 16 6 40 9 4 13,204 27 12 24,905 148 146 31,893

1999 22 11 28,840 13 5 3,038 10 4 22,993 5 1 43 18 7 31,589 192 187 42,829

2000 16 8 36,405 7 4 55,160 4 3 662 6 2 1,042 11 7 43,206 153 153 163,051

2001 18 10 22,711 12 7 1,588 7 6 1,043 13 5 4,696 10 9 14,752 233 233 68,459

42

Appendix G continued.

MUNICIPAL AGRICULTURAL INDUSTRIAL TRANSPORTATION OTHER NON-REGULATED

Year I K # I K # I K # I K # I K # I K #

2002 20 3 81,960 14 5 45,028 15 4 3,615 7 2 74 12 6 36,618 121 121 33,461

2003 10 4 1,022 5 2 8,068 10 1 523 2 1 1,374 11 9 15,821 113 113 16,307

2004 17 10 82,183 5 0 0 1 0 0 3 1 1,146 1 1 18,476 72 72 8,253

2005 7 4 73,785 5 4 12,020 5 1 3,436 1 0 0 1 0 4,334 154 154 69,466

2006 6 4 22,643 3 3 4,489 6 4 10,479 2 0 0 2 2 10,822 3 3 2,957

2007 8 7 26,582 4 3 11,599 2 2 25,796 1 1 477 1 1 3,115 5 5 1,460

2008 8 7 2,504 3 2 381 0 0 0 0 0 0 0 0 0 5 5 2,232

2009 5 2 2,231 3 3 509 2 0 0 2 2 116 1 1 53 4 4 3,207

2010 10 7 3,373 7 4 2,625 1 1 41 3 1 UNK 4 1 1,166 20 18 2,537

2011 15 11 4,888 4 3 11,175 0 0 0 3 1 4,822 5 4 11,403 28 27 11,008

TOTAL 830 419 1,895,306 563 319 1,199,573 650 208 1,373,765 482 86 354,426 594 364 1,881,444 3,010 2,932 1,702,534

AVG 24 10 45,126 17 8 28,561 19 5 32,709 14 2 8,439 17 9 44,796 89 70 40,537

Avg mortality/kill=4,513 Avg mortality/kill=3,570 Avg mortality/kill=6,542 Avg mortality/kill=4,220 Avg mortality/kill=4,977 Avg mortality/kill=579