On Wednesday, September 4, the City of Cabool sought and was granted a temporary restraining order against Dairy Farmers of America and its manager, prohibiting the discharging of any untreated wastewater from the DFA facility at 950 Metrecal Trace Street in Cabool.
The temporary restraining order was approved by Judge Douglas Gaston following arguments presented by attorney Thomas E. Loraine, outlining the city’s complaint against DFA. The city contends unlawful discharges of wastewater from DFA has damaged and continues to damage the city’s wastewater treatment system.
The temporary order is in effect until a hearing can be held on the city’s request for a preliminary injunction. That hearing has been set for Thursday, September 19, at 10:30 a.m.
During a special meeting held August 27 at Cabool City Hall, Cabool Board of Aldermen voted to begin legal action against a local business following damage to the city’s wastewater treatment system.
The motion by alderman Brad Roberts reads:
“I move that the attorneys retained by the City of Cabool to represent the city in any actions involving the unlawful discharge of waste material by Dairy Farmers of America into the city sewer system be authorized to bring suit in federal and state courts to seek injunctive relief and compensatory damages to said unlawful discharges.
“Attorneys Ivan L. Schraeder and Thomas E. Loraine specifically may bring actions against Dairy Farmers of America, Cabool Plant Manager Jeff Inman and any other persons of entities, corporations or organizations which have contributed to the unlawful discharge.”
The motion was seconded by aldermen John Williams and Sam Mudd and unanimously adopted by a roll call vote of Roberts, Williams, Mudd and John Mark Hale.
The city has been working for months to help the city’s wastewater lagoon system recover from a large, unexpected discharge in February that upset the oxygen and pH levels that enable the system to break down waste. The ongoing process has been expensive and has included working with the Department of Natural Resources, engineers, and environmental specialists in efforts to get the system back to normal.