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Committee reviews Ameren site work that may have violated county ordinance; legal options under consideration

2249310 · February 8, 2025
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Summary

Committee received an update on alleged Ameren work that altered land and may violate county ordinance; outside counsel has reviewed sketches and the committee will decide how far to pursue enforcement or remediation.

The committee received a staff update about alleged unauthorized site work by Ameren that, officials say, changed ground elevations on a parcel and raised drainage and downstream liability concerns.

County staff reported Park Deets (outside counsel) has been reviewing Ameren’s sketches and drawings and provided a draft opinion for the county to decide how far to pursue enforcement. Committee members said initial review suggests Ameren did not factor several elements and that the scope of required remediation may be larger than first thought.

Members asked whether the county wants outside counsel to pursue full enforcement (including excavation/restoration) or to seek more limited corrective actions. Staff said there is a gray area about how to define “dug out” versus “brought in” material and how to quantify the amount of fill Ameren added. That technical question affects what remedies would be proportionate or legally defensible.

A committee member noted the county ordinance — not state or federal law — is the basis for action in this case. County staff said they will discuss facilitating a meeting with outside counsel and affected property owners and will return with firm recommendations on scope and cost. One member said the county could be named in downstream claims regardless of the remedy and emphasized the need for an accurate measurement of fill quantities before final enforcement steps.

Committee members did not take a final vote but directed staff to continue work with outside counsel and report back with options including estimated remediation scope and costs.