Branson man indicted on clean-water act charges

A Branson man has been indicted on clean-water act violations related to his employment with the Overlook subdivision and Morningside development in Stone County.

Earl Patrick Kearney, 60, yesterday was charged in a 12-count indictment returned by a federal grand jury in Springfield. The charges comprise five counts of making false statements in regard to Overlook and seven counts related to false statements in connection with Morningside, according to a news release from the office of the U.S. attorney for the Western District of Missouri.

From May 2010 to August 2011, Kearney was responsible for operating the wastewater treatment facilities of Overlook and Morningside, which included conducting wastewater samples and submitting those results to the Missouri Department of Natural Resources.

The indictment alleges Kearney altered the reports so it appeared that the subdivision and development were in compliance with wastewater discharge permits, the release said.

Further, the actual laboratory data tested for the total phosphorous pollutant placed both of the wastewater treatment facilities in violations, leading Kearney to allegedly alter the figures, according to the release.

The case is being prosecuted by Assistant U.S. Attorney Steve Mohlhenrich and was investigated by the Environmental Protection Agency's Criminal Investigation Division and the Missouri Department of Natural Resources, the release said.