May 23, 2012

Senator says new revelations show need for DNR review

A state senator heading a review of why the Department of Natural Resources withheld a report on contamination at the Lake of the Ozarks says the most recent revelations confirm the need for a Senate review.

A review of DNR action by the Senate Committee on Commerce, Consumer Protection and the Environment began in late July. Chairman Brad Lager (R-Savannah) refuses to call it an investigation, insisting the committee simply wants to know what broke down, where it broke down and should public policy change to keep it from breaking down in the future.

DNR withheld information about elevated E. coli levels at the Lake of the Ozarks for four weeks. It came to light late last week that a former top DNR official informed a top aide of Governor Nixon about the problem on May 29th. The interview former DNR Communications Director Susanne Medley gave to Senate committee staff members contradicts the insistence of the governor’s office that it didn’t know until June 23rd that DNR withheld the report. Medley told Senate staffers that she spoke with Jeff Mazur, a member of the governor’s communications office on the 29th, the day after she found out about the report.

Revelations that Governor Nixon’s office knew early on confirm Lager’s belief that the probe is needed.

“And the reason that that is so important is because this is not about pointing a finger at somebody and saying, ‘It’s this person’s fault.’ This is about understanding where the public trust was violated and then making sure that never happens again,” says Lager.

Lager doesn’t want to rush the review, which he says has been slowed because DNR hasn’t cooperated.

“What is very clear to me is DNR has made a conscious decision to not be candid, to not be open and to not be honest,” Lager says.

Lager adds that after DNR drug its feet, it then dumped nearly half a million e-mails on the committee, yet still might be keeping e-mail correspondence vital to the review from committee staff members. Staff members with the committee have been interviewing DNR personnel and reading e-mails.

 

Gov. Nixon held a news conference last week to announce an initiative to improve water quality at the Lake of the Ozarks. The four-part plan begins with the inspection of about 400 area facilities that hold wastewater permits close to the Lake of the Ozarks of major tributaries. Lager says he’s not sure the plan adequately addresses public safety concerns at the lake. He advocates a state government policy that works with communities at the Lake of the Ozark to police contamination.

Download/listen Brent Martin reports (:60 MP3)

Governor Nixon’s office knew about DNR E. coli action

It appears Governor Nixon’s office did know, early on, that high E. coli levels threatened the public’s safety at the Lake of the Ozarks.

The Springfield News-Leader and the Kansas City Star report that a former Department of Natural Resources official told Senate committee staff that she notified a top aide to Governor Nixon about the elevated levels on May 29th. The governor’s office has asserted repeatedly that it didn’t know about the problem until June 23rd. DNR has admitted it kept the information from the public for four weeks, worried that it would hurt tourism at the lake.

Both The News-Leader and The Star say they used a Sunshine Law request to obtain a transcript of the interview between Senate staff and former DNR communications director Susanne Medley, who resigned abruptly last week. Medley told staff she informed top Nixon aide Jeff Mazur about the contamination on May 29th, a day after she learned of them. Medley further stated that she kept Mazur abreast of additional E. coli test results. Medley adds that Mazur instructed her on June 26th to keep any news about high levels of E. coli from the state’s largest media outlets. DNR released the test results for both May and June later that day.

The Nixon Administration has steadfastly denied knowing about the E. coli report and DNR’s withholding of it until a June 23rd meeting when DNR Director Mark Templeton met with Nixon Chief of Staff John Watson.

Gov. Nixon held a news conference on Wednesday to announce an initiative to improve water quality at the Lake of the Ozarks. The four-part plan begins with the inspection of about 400 area facilities that hold wastewater permits close to the Lake of the Ozarks of major tributaries.

Nixon outlines plan for Lake of the Ozarks cleanup

Governor Jay Nixon has announced an initiative aimed at improving water quality at the Lake of the Ozarks. It’s an initiative that includes a comprehensive study of contaminants of the lake.

Governor Nixon's Lake of the Ozarks news conference "Ensuring the long-term sustainability of the Lake of the Ozarks is a challenge that falls to us here and now to guarantee that this resource remains for generations to follow," said Nixon as he was flanked by Department of Natural Resources Director Mark Templeton at a Wednesday afternoon news conference at the Pa He Tsi Boat Launch at Lake of the Ozarks State Park.

With that, Nixon announced a four-part plan to clean up the Lake of the Ozarks, which begins with the inspection sweep of about 400 area facilities that hold current wastewater permits close to the Lake of the Ozarks of major tributaries. The Governor promises a zero-tolerance standard for permit violations will be applied.

Lake of the Ozarks The next step is a zero-tolerance policy regarding the pollution of the lake with contaminants. Step will see the Department of Natural Resources completing the baseline survey of water quality at the lake, testing all relevant contaminants. Finally, DNR will institute a strict standard for authorizing any additional wastewater discharge permits around the lake.

"These actions will help us move water quality here at the lake in the right direction," said Nixon. "I have ordered the DNR to start implementing these policies immediately."

As for why this effort is being launched now, Nixon makes it clear the closing of Lake of the Ozark beaches this summer is reason enough.

"Having to close beaches in a state park is a dramatic occurrence that happened not once, but twice, this summer and certainly that focused my attention on this particular resource," said Nixon. "I would hope, and I think it’s well within our power, to accomplish that that never happens again here."

Asked why the public should have confidence in the government given the fact that information on this summer’s E.coli contamination at the Lake of the Ozarks was withheld from the public for a period of time, Nixon vows to take the bull by the horns.

"We’ve laid out a very, very clear path here of what we are going to do using the full force and power of the Department of Natural Resources and the Governor’s Office to make sure that we get on a path that gives us the baseline information that the public will be able to see.that lays out a clear plan to improve the water quality of this resource. We’re gonna do that … I’m gonna do it … We’re gonna do it … It’s gonna happen."

Nixon expects the results of the DNR study to be delivered to his desk by December 31st of this year.

Download/Listen: Governor’s news conference at Lake of the Ozarks (27:00 MP3)

Senator says DNR can help move review process along

A state senator leading the review of the Department of Natural Resources decision to withhold information about contamination at the Lake of the Ozarks insists he’s not out to investigate DNR and is ready to wrap up work if DNR will cooperate.

Sen. Brad Lager (R-Savannah), chairman of the Senate Commerce Committee, Consumer Protection, Energy and Environment Committee , is quick to precisely frame what he believes his committee’s role is.

“This is not a criminal proceeding, this is a legislative inquiry to make sure that we have responsible public policy in place to insure the health and public safety of our citizens is at the highest level possible,” Lager tells the Missourinet.

Lager says DNR’s General Counsel has hampered the work of the committee by injecting himself into the process. According to Lager, committee staff hasn’t been able to conduct routine interviews or gather certain information, because of the DNR General Counsel. He says that has delayed the review. Lager says DNR Director Mark Templeton has stepped in to help and the process has become smoother.

DNR officials have been accused of holding on to information about elevated levels of E. coli found in coves at the Lake of the Ozarks in May. Several samples taken from the Lake on May 26th disclosed elevated levels of the bacteria. They were ready for release three days later, but weren’t made public for four weeks. DNR has been accused of withholding the information, because the state feared it would hurt tourism at one of Missouri’s prime attractions.

Lager sees the committee reviewing why DNR withheld the information for four weeks and considering changes in state law to prevent a recurrence

Lager says the committee needs to answer some basic questions, “Does DNR need to send those test results to the Department of Health within two days of getting them, or something like that? Are there additional steps or is there a change that needs to happen in the public policy process to insure this unfortunate situation that happened in May and June doesn’t happen again?”

During a meeting via conference call on Friday, several Republican committee members expressed the worry that the committee’s work will appear to be partisan; a Republican legislature going after a Democratic administration. Lager says he believes that if the committee is open about its working, it can remove any such impressions.

DNR, responding to a request by committee staff, has forwarded 200,000 e-mails to the committee. Staff is combing through the electronic correspondence as well as sifting through other material. Lager says he wants the staff to do the initial legwork before the committee meets at the Capitol in Jefferson City to conduct a formal hearing.

Lager refuses to place a deadline on the committee’s work. He says the length of the inquiry depends greatly on DNR’s cooperation.

Download/listen Brent Martin reports (1:20 MP3)

DNR dumps thousands of e-mails on Senate committee

A Senate committee has been given 200,000 e-mails to read as it reviews why the Department of Natural Resources withheld a report on contamination at the Lake of the Ozarks.

DNR drug its feet on releasing a report that parts of the Lake of the Ozarks were contaminated with E-Coli in May.

"So, what normally is a 24 to 48 hour process, took nearly four weeks," Senate Commerce Committee Chairman, Brad Lager (R-Savannah) told committee members in a conference call meeting Friday morning.

Lager said DNR has been less than cooperative in the committee’s review of its action. Lager insists the committee isn’t investigating DNR, merely reviewing its methods to determine if law needs to be changed to protect public health. Lager, a Republican, says he doesn’t want it to appear that a Republican legislature is investigating a Democratic Administration. DNR is part of the executive branch of Gov. Nixon.

Sen. Joan Bray, a Democrat from St. Louis, told Lager that though he insists the committee isn’t investigating DNR that is how it appears.

"This has all of the aura of an investigation," Bray, a member of the committee, told Lager. "And that’s what’s bothering me."

While Bray is suspicious, Republican Senator Matt Bartle of Lee’s Summit said the committee must review DNR’s actions and consider whether state lawmakers need to change current policy.

"If the department wants to take this to Defcon 4 and make it look like it’s some sort of criminal investigation that’s there, I guess, their prerogative," Bartle said during the conference call.

For now, staff is review material provided by the DNR. The committee will likely meet in Jefferson City later. DNR has been accused of withholding the information about contamination, because the state worried about the impact on tourism.

Download/listen Brent Martin reports (1:20 MP3)