Agency raises stink over sewer line law

NASHVILLE — After largely ignoring a 1999 law that makes the Hamilton County wastewater authority financially responsible for repairs to sewer line connections that run under streets and public rights of way, agency officials now are raising a stink.

Hamilton County Water & Wastewater Treatment Authority officials want Tennessee lawmakers to eliminate a provision holding them responsible for repairs because homeowners are increasingly taking advantage of it.

“When you sit down and read it, it’s drawn up so narrowly that we are the only entity in the state of Tennessee that that law has any effect on,” authority Chairman Henry Hoss said.

WWTA officials argue the law may violate equal protection provisions in the Tennessee and U.S. Constitutions and warn that if necessary, they will go to court to overturn it.

The 1999 change makes county water and wastewater treatment authorities financially responsible for maintaining lateral line repairs, including couplings and fittings from the property line to the public sewer line in the middle of the street. Homeowners remain responsible for repairs to the portion of the service lateral line which is actually on their property.

Agency officials said they plan to press their case in a meeting this week with local legislators. But former Rep. Arnold Stulce, D-Soddy-Daisy, the author of the law, already has made a spirited defense of the statute, and lawmakers said they are skeptical about making changes although they remain open to hearing WWTA’s concerns.

“I don’t think there’s going to be much sentiment among our delegation to reverse that where some widow has to dig up a city street or a county street,” said Rep. Gerald McCormick, R-Chattanooga.

Sen. Andy Berke, D-Chattanooga, said his main issue is making sure “we don’t place individual homeowners in a position where they’re struggling to fix pipes in areas off of their land.”

Also voicing reservations are Sen. Bo Watson, R-Hixson, Rep. Tommie Brown, D-Chattanooga, Rep. JoAnne Favors, D-Chattanooga, Rep. Jim Cobb, R-Spring City, and Rep. Vince Dean, R-East Ridge.

ORIGINS OF THE LAW

Local wastewater authority officials maintain WWTA is the victim of an unfair law pushed by a “very angry” Mr. Stulce, whom they contend was motivated by personal circumstances.

“He got mad at us,” Mr. Hoss said.

Mr. Stulce, 82, said vengeance was the furthest thing from his mind. He said the idea for the law grew out of a Labor Day shower at his home when “the dadburned water started coming up” through the drain.

The problem turned out to be a portion of the lateral service line located at the street. Fixing it cost some $900, and Mr. Stulce said he didn’t think he should have to pay for repairs not located on his property.

After arguing his case before WWTA officials at the time, Mr. Stulce said the board was “very kind” to him and largely reimbursed him his expenses.

“I just thought they were being kind to a citizen,” he said. “I question that today. I suspect they were being kind to a legislator.”

Mr. Stulce and others said costs of fixing a lateral line break or clog in the street can range from $600 to as much as $3,000. The work can require cutting through the pavement, hiring a flagman to ward off traffic and paying to repave the hole or trench.

“It’s mine (responsibility) to my property line, but if the problem is beyond my property line the problem is yours,” Mr. Stulce said. “It seemed to me that’s the fair thing to do.”

Mr. Hoss acknowledged WWTA did not abide by what it considered an unconstitutional provision.

“Our initial attitude about it was, let’s just ignore it,” he said.

The issue surfaced after Red Bank Public Works Director Wayne Hamill, who joined the authority board a few years ago, raised questions.

“I don’t know this for sure, but we really believe he’s the one who’s telling people that the Tennessee law requires the WWTA pay for those kinds of blockages,” Mr. Hoss said. “And so we’ve kind of run into problem with it. And in order to get this stopped, we’ve got to get the law changed.”

Mr. Hamill said the law is clear.

“The government, and that is the WTTA, is responsible for the service lateral from the mains to the property line, to maintain it and keep it maintained,” he said.

“Part of my responsibility and duty is to know what the statutes requires,” he said. “So I guess I am the person responsible for bringing it up and pushing the issue.”

LEGAL OPINION

WWTA attorney John Anderson said Friday the law affects only three county wastewater authorities statewide, but that lawmakers from Williamson and Wilson counties exempted their counties from the law.

Mr. Anderson said he doesn’t think the statute would withstand a legal challenge, noting he sees no “rational basis” to exclude the other two authorities, which were written out based on their 1990 population.

According to the 2000 U.S. Census, population growth in Williamson and Wilson counties exceeded the exclusionary provisions set out in the 1999 law.

Mr. Hoss and Mr. Anderson argue that if nothing else, the law should be applied to all utilities statewide. The law does not apply to wastewater operations run by cities such as Chattanooga or those directly operated by counties, he said.

An opinion from Tennessee Attorney General Robert Cooper, dated Feb. 22, appears to undermine part of the agency’s argument.

“It is the understanding of this office that there are several municipal and county water and wastewater treatment authorities to which the requirements ... apply,” the opinion states.

In a footnote, the attorney general’s office notes that the population bracket has no bearing on the request because Hamilton County and the other counties are outside the exemption.

“If that opinion’s accurate, it certainly undercuts part of their argument,” said Rep. McCormick, who requested the opinion.