The Missouri Public Service Commission has filed a complaint against Ridge Creek Development, L.L.C. alleging water services are being unlawfully provided to customers, according to an agency press release issued last week. #PulaskiCountyMo #WaynesvilleMo The Ridge Creek subdivision is near Waynesville and, according to state regulators, provides water service to about 140 to 150 customers but has failed to provide safe and adequate service, has no permit from the Missouri Department of Natural Resources, and as far as (PSC) Staff is aware ... does not engage in water quality testing or treatment to ensure its safety for human consumption. PSC officials say that customers who have service related issues are urged to contact the PSC Staff (P.O. Box 360, Jefferson City, Missouri 65102, telephone 1-800-392-4211, e-mail [email protected]). A link to the full PSC announcement is posted below. The Ridge Creek developers, who according to PSC documents are Mike Stoner and Denise Stoner of Dixon, have been given until Aug. 13 to file a response. There is not yet an official response from the Stoners in the online PSC case record. The PSC complaint says the corporation overseeing Ridge Creek was created in 2005. Staff from the agency attempted to schedule a meeting with Mr. Stoner but has been unable to do so, according to the complaint. While the Stoners have not spoken with the PSC, their customers have done so. According to the complaint, Conversations with residents indicate the existence of significant service quality issues, including possibly contaminated water. Conversations with the Missouri Department of Natural Resources (“DNR”) indicate that Respondents have no permit from that agency and have evidently structured their operation in an effort to evade regulation. A footnote in that complaint explains the structure of the operation as follows: Section 640.102(6), RSMo., provides that a Public water system, [is] a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days per calendar year. Such system includes any collection, treatment, storage or distribution facilities used in connection with such system. By serving less than 25 persons on each of 22 wells, Respondents have not reached the threshold at which regulation by DNR attaches for any single well. A key to the case is whether state regulators have jurisdiction over the Ridge Creek developments. According to the PSC complaint, Missouri courts have held that entities act as public utilities when they sell water to the public for compensation and have undertaken the responsibility to provide water service to all members of the public within their capability, the Ridge Creek developers have acted as a water corporation and a public utility within the intendments (of state law) and have sold water to the public for compensation and have undertaken the responsibility to provide water service to all members of the public within their capability. By doing so, according to the PSC complaint, Respondents have violated § 393.170.2, RSMo., which forbids any corporation from acting as a public utility without prior authorization from the Commission in the form of a certificate of convenience and necessity.
Posted on: Wed, 23 Jul 2014 18:29:46 +0000
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