The Missouri Court of Appeals, Southern District, today affirmed the trial court ruling in favor of Cross Country Trail Ride in an administrative action filed by the Missouri Department of Natural Resources. Cross Country Trail Ride offers equine recreation, entertainment, and other services at its facilities in Eminence, Shannon County, Missouri. Pursuant to § 644.056, RSMo., the Department of Natural Resources issued an Abatement Order to Cross Country Trail Ride on or about January 25, 2002, regarding some horse manure which was exposed to the elements and would come into contact with rain water and as a result was a potential contributing source of fecal coliform contamination in the Jack’s Fork River. The Abatement Order never found that Cross Country Trail Ride had violated the Missouri Clean Water Law by discharging stormwater that contained sufficient fecal coliform bacteria to increase fecal coliform levels of the Jack’s Fork River, nor did it reference any violation of Missouri’s Clean Water Law with regard to human sewerage. The parties entered into a settlement agreement with regard to the horse manure and the Abatement Order was withdrawn by DNR. In 2006, DNR filed suit against Cross Country Trail Ride, alleging violations of the settlement agreement. Cross Country Trail Ride filed a motion for summary judgment, which was granted by the Shannon County Circuit Court.
Click here to read the Court’s decision.