Suit aims to stop subdivision sewage discharge near Branson

According to a news release, Nixon filed a suit Aug. 14 in Taney County Circuit Court against the Damsite Improvement Association, which owns and operates the wastewater treatment facility serving the Damsite subdivision, located along State Highway 165 southwest of Branson. The subdivision has approximately 10 lots, the release said.

A May inspection by the Missouri Department of Natural Resources found that the facility was discharging untreated sewage to an unnamed tributary of Lake Taneycomo. An inspection in November 2007 had determined that the facility was discharging untreated sewage to the ground. The DNR issued notices of violation to the association after both inspections and referred the matter to Nixon’s office for legal action in 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 in the release. “This lawsuit asks that any sewage generated by the subdivision’s wastewater system be contained and then conveyed to another site for proper treatment.”

The suit seeks 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 or alternative sewage treatment service can be provided.

The lawsuit also seeks a court order assessing penalties for violations of the Missouri Clean Water Law.