Judge Alonzo Harris will set boundaries for a hearing on Environmental Processing’s bid for a preliminary injunction against the city cutting off EPI’s access to the municipal wastewater system.

Harris told EPI and its owner John Baham and the city and Mayor Bob Morris today that he will rule Tuesday on what evidence should be allowed at a Dec. 7 hearing.

Harris signed a Temporary Restraining Order in September, barring Morris from taking any action until a hearing could be held.

That hearing was supposed to be today. Instead, Harris heard argument from attorneys on what should be allowed at the TRO hearing.

The argument boils down to whether there is still a valid contract between the two parties.

Douglas R. Summerlin, representing EPI, told Harris that his client is concerned the city planned at the TRO hearing to contend EPI is in breach of its contract.

Summerlin said the TRO hearing was not the proper venue for a breach argument.

“We, of course, deny that we are, but even if we were the contract would still be in effect because of the notification clause,” Summerlin told the court.

He said the contract essentially says if one party contends there is a breach of the contract it is required to give notice and an appropriate period to the other for it to be corrected.

Arguing for the city, Vernon McManus argued that the contract is an integral part of the TRO hearing.

“The mayor met the notification clause by telling EPI it had a certain amount of time to do certain things,” he said.

The September letter gave EPI five days to comply with a number of directives.

McManus also contended that the contract’s termination provisions stipulate the pact will be null and void if EPI is at any point unable to acquire all necessary permits.

He claimed that is the case and the contract is null and void.