Locals Gear Up to Fight "Distressed" Label

by Nancy Hogland

A group of community and business leaders in the Lake area are discussing the best strategy to reverse the damage caused by incomplete and incorrect reports of E. coli in Lake of the Ozarks and to stop further action that could make matters worse.
Trish Creach, executive director of the Lake Area Chamber of Commerce, said she and others are considering several options.

“Until now, everyone that understands the whole story has been unhappy with the way this has been handled but we’ve all been a little silent on this. It’s time for all of us to present a united front and get the truth out,” she said, adding that the plan is still in its formative stages.

Last September, citing concern over water quality, Gov. Jay Nixon ordered a comprehensive baseline study of the Lake of the Ozarks. As part of that study, during October the Missouri Department of Natural Resources (DNR) collected and tested 78 water samples from points in the main channel; near large coves, large marinas and wastewater treatment outflows; and in both developed and undeveloped regions between Truman and Bagnell dams. In addition, the DNR inspected all 419 wastewater treatment plants that release effluent into the Lake or its tributaries.

Although the study found elevated levels of bacteria in only two locations, and one location was next to a DNR-operated wastewater treatment plant at Public Beach 1, soon after results were released Gov. Nixon announced a legislative proposal that would give the Missouri Clean Water Commission and the DNR authority to prevent new pollution sources from contaminating “distressed” bodies of water. That authority would include the ability to limit permits and inspect a broader range of facilities when the water quality is under serious stress. Gov. Nixon also said his administration would move immediately under the new law, if passed, to designate the Lake of the Ozarks as “distressed” based on the “decades-long record of historical data showing high levels of bacteria and the closure of public beaches several times this past summer.”
Creach said those types of remarks hurt business.

“We’ve heard of several instances where people have cancelled vacation plans because of articles they’ve read in their hometown newspapers. I’ve also heard that a couple closings on properties were delayed or cancelled because people are scared about the condition of the Lake. This is bad for everyone, especially when the truth is that the Lake is in very good shape,” she said, stressing that no one is against water testing. “We want testing because we want to protect the Lake. This is our greatest resource. We just want adequate tests that will give us the whole picture and we want the truth reported.”

Jim Divincen, executive director of the Tri-County Lodging Association, agreed.
“With just a couple exceptions, each set of tests has given the Lake a clean bill of health,” he said. “The only time we showed any spikes was when tests were conducted right after the area received a heavy rainfall. If anything, I think this study showed the systems we have in place are working. That’s the news that needs to be reported.”

He said the numbers back up his statements.

In July 2009, when nearly $9.4 million in lodging revenues was reported, water tests conducted showed the lake had an overall geometric mean of 5.5 E. coli colonies per 100 milliliters of water. Divincen asked “What other body of water in Missouri could boast that low of a geometric mean in July?” The state water quality standard for swimming and related whole body contact recreation is a geometric mean of 126 E. coli colonies per 100 milliliters of water.

However, in May 2009, when just $3.8 million in lodging revenues was reported but when the area received 2.06 inches of rain immediately prior to testing, 29 of the 55 sites that were sampled contained E. coli levels above the U.S. Environmental Protection Agency’s recommended single sample maximum level of 235 colonies per 100 milliliters.

Both the DNR and the Lake of the Ozarks Watershed Alliance, which provides volunteers to conduct the water tests, along with the Environmental Protection Agency (EPA) say runoff from heavy rains will cause animal waste to run into the nearest body of water. The local entities agree that because much of the land around the Lake is home to wildlife, including large flocks of geese, they could be blamed for the high counts.

According to the Department of Natural Science at Edgewood College in Madison, Wisconsin, which conducted a study on bacterial growth in Lake Wingra, adult geese can produce up to 5 pounds of waste per day.

“We also need to incorporate a greater scientific approach in our testing procedures to include DNA source tracking of E. coli bacteria. This type of testing will determine the precise source of the bacteria,” Divincen said, adding that according to Dr. C. A. Carson, a professor at the University of Missouri, source tracking and testing is available to specifically identify the bacteria from non-human sources such as migratory birds, household pets or production animals.

Joe Roeger, chairman of the Lake Area Chamber of Commerce’s Legislative Committee, said he is in favor of anything that can be done to get accurate information out about the quality of water at Lake of the Ozarks.

“People need to understand there is no ‘smoking gun’ here - with the possible exception of the DNR’s own treatment plant. In fact, the governor’s report actually indicates we have a very clean lake. I was encouraged by it. That’s the news that we need to get out,” he said.

At a recent legislative reception, organized by Roeger and hosted by all five area chambers for Missouri’s elected officials, environmental attorney Steve G. Jeffery, showed that the negative press not only was unwarranted, it was based on bad science.

Jeffery, who previously served as counsel for the DNR, gave a power point demonstration that included information collected from the National Institute of Health (NIH), the National Institute of Allergy and Infectious Diseases (NIAID), the U.S. Food and Drug Administration (FDA), the U.S. Center for Disease Control (CDC) and the EPA. All zeroed in on the same point – that while hundreds of E. coli strains are harmless, only a minority is capable of causing human illness. Those considered most harmful create a toxin called Shiga toxin-producing E. coli, or STEC for short.

Although additional tests are required to determine the strain of E. coli, those tests are not currently being used by the DNR.

“The DNR stated in a press release, ‘Because the purpose of the testing is to provide baseline information for future comparison, rather than providing immediate public health data, the testing method used by the department does not differentiate between strains of the bacteria,’” Jeffery told the group.

He also said the methodology used to test the water was faulty. Criteria established by the EPA for testing whole-body contact waters requires that not less than five water samples, equally spaced over a 30-day period, be taken from the same location. Jeffery pointed out that according to the DNR schedule, testing takes place once a month. He also said that while the EPA outlines strict standards that must be followed on collection and holding techniques, because testing is done by volunteers, there is no consistency.

“The questions we have to ask are: one – is there really a health-related E. coli problem if no effort has ever been made to specifically identify E. coli 0157? Two – if the DNR Report did not indicate there was insufficient statutory authority, then why propose additional legislation? And three – is funding available to support the additional DNR permitting and inspection activities,” Jeffery said.

Judd Slivka, director of communications for the DNR, said that’s something they will be looking at in coming months.

To read the results of the comprehensive study ordered by Nixon, visit www.dnr.mo.gov/loz/initiative-final.pdf.