Attorney General's News Release

August 14, 2008

Nixon files suit to stop subdivision from discharging untreated sewage into tributary of Lake Taneycomo

Forsyth, Mo. - Attorney General Jay Nixon today took legal action to stop the discharge of untreated sewage from a residential subdivision into a tributary of Lake Taneycomo. Nixon filed a lawsuit against the Damsite Improvement Association, which owns and operates the wastewater treatment facility that serves the Damsite Subdivision. The subdivision, which contains approximately 10 lots, is located along Highway 165 southwest of Branson.

An inspection by the Missouri Department of Natural Resources in May 2008 discovered that the facility was discharging untreated sewage to an unnamed tributary of Lake Taneycomo. An earlier inspection last November determined that the facility was discharging untreated sewage to the ground. The MDNR issued notices of violation to the Damsite Improvement Association after both inspections and referred the matter to the Attorney General's Office for legal action in late July.

"Lake Taneycomo is one of the premier visitor attractions of southwest Missouri, and it is vital that we protect it from pollution," Nixon said. "This lawsuit asks that any sewage generated by the subdivision's wastewater system be contained and then conveyed to another site for proper treatment."

Nixon's lawsuit, filed in Taney County Circuit Court, asks the court to issue a preliminary and permanent injunction that would require the Damsite Improvement Association to:

• Immediately contain and store the sewage generated by the wastewater system in a tank or other similar device;

• Empty the tank as necessary to prevent overflows or discharges;

• Convey the sewage to an appropriately permitted wastewater treatment facility for treatment and lawful discharge; and

• Continue this process until the current wastewater treatment facility can be upgraded and made fully operational or alternative sewage treatment service can be provided.

The lawsuit also seeks a court order requiring the defendant to pay appropriate penalties for violations of the Missouri Clean Water Law, as well as the state's costs of bringing the lawsuit.

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Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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