In operating the plant’s wastewater treatment unit, “DFA has discharged untreated or inadequately pre-treated waste materials into the City’s wastewater system on numerous occasions,” according to the complaint. The city accuses DFA’s Chief Operating Officer Jeff Inman of failing to notify his superiors and attempting to cover up numerous discharges.
A state inspection in July 2019 found DFA in violation of its operating permit, the city said.
The city has had to expend $400,000 so far to protect its wastewater treatment facility from contamination, according to the complaint. Unless abated, the discharges will also continue to harm the nearby Big Piney River, the city added.
Cause of Action: Clean Water Act.
Relief: Injunctive relief blocking the discharge of pollutants unless authorized by National Pollutant Discharge Elimination System permit; remediation; $1.2 million reimbursement to the city to mitigate damages; funds for a Supplemental Environmental Project to benefit the water quality of Big Piney River; civil penalties.
Response: A DFA spokesman didn’t immediately respond to Bloomberg Law’s request for comment.
Attorneys: Cabool is represented by Schraeder Law Firm and Loraine & Associates LLC.
The case is Cabool v. Dairy Farmers of America, Inc., W.D. Mo., No. 6:20-cv-03003, filed 1/2/20.
COURT: W.D. Mo.
TRACK DOCKET: No. 6:20-cv-03003
JUDGE: Beth Phillips (Bloomberg Law Subscription)
COMPANY INFO: Dairy Farmers of America Inc. (Bloomberg Law Subscription)
To contact the reporter on this story: Brian Flood in Washington at bflood@bloomberglaw.com
To contact the editors responsible for this story: Rob Tricchinelli at rtricchinelli@bloomberglaw.com; Patrick L. Gregory at pgregory@bloomberglaw.com
