City reaches compromise on sewer conflict, but enforces 1988 policy

Members of the Dyersburg Gas, Water and Sewer committee were torn between being business-friendly and being consistent at a meeting on Thursday morning.

The meeting was called to address a conflict with an existing private septic tank on the property Shane King purchased to expand his business and the current city sewer policy. King's new Start to Finish building will be constructed at 1984 St. John Ave.

The issue, brought before the planning commission at last week's meeting by City Engineer Brad Davis, was a request to allow King to continue using an existing, state-permitted septic tank and field line system instead of connecting to city sewer lines.

The city code, established in 1988, requires development within the city of Dyersburg to connect to the city sewer system via a gravity line, an expense that is estimated to cost King $13,000.

The septic tank currently on the lot was permitted in 2001, 13 years after the code was enforced, a fact King said is significant in his request to keep using it.

Conflict on the issue includes:

* the property's unique position adjacent to Lewis Creek - a barrier that stops the sewer line's progression to the south. Residents on the other side of Lewis Creek are connected to the city sewer from the opposite direction.

* the line to King's property will not service additional city customers unless his land is further subdivided. Blocked by Lewis Creek to the south, the parcel on the north side of King's land is already connected to city sewer.

* a lack of disclosure during the sale of the property - King said the need for a sewer connection was not disclosed to him by the seller or the real estate agent at the time of the closing. Prior to closing the property, King met with City Recorder Gleyn Twilla concerning his business and construction plans for the property, but the issue did not present itself at that time.

"We didn't delve into it that far down," said King.

"It was definitely a failure in the closure of the real estate," said Twilla.

Davis recommended to the planning commission and gas, water and sewer committee members that King continue to use his private septic tank and connect to the city sewer line with an effluent pump. The agreement is subject to a stipulation - to be recorded on the plat - that the private septic system be maintained by the owner or the owner provide access to the city sewer system.

Davis's compromise is estimated to cost King $8,000.

"It is sort of an isolated case," said Davis. "I like the option of being lenient with the effluent pump. It will require Mr. King to get a decision from TDOT on whether he can use the right-of-way to connect. It should also be put on the plat that it will be required for a gravity line to the city sewer be installed before subdividing the property. We develop a public sewer system for a reason - it is safer for the public."

King requested the committee consider allowing him to continue using the private septic tank, providing documentation that Bill Neal of the Tennessee Department of Environment and Conservation's Division of Ground Water Protection has OK'd his request on the state level. The document, written by Russell B. Norville, P.E., of Civil Engineering Solutions, states sewer use for King's proposed 4,900-square-foot building should be equivalent to a two- or three-bedroom house.

"I'm kind of land-locked in the project," said King. "This would not be a problem if I was building a multimillion-dollar building or a subdivision. I understand in the city's eyes, I'm a developer. But I'm just a small-business owner. I'm on celery and peanut butter now. I just found out I've got to move a telephone pole to save 50-foot of road frontage, so this is not my only issue."

Alderman Kevin Chaney said he received a call on Wednesday evening from a businessman who was just required to connect to the city sewer, who said he will ask for his money back if the city is not consistent in enforcing the policy.

"But, this is an isolated piece of property," said Freeman Dudley.

"We get hit on the chin all the time for not being business-friendly," said Committee Chairman Lewis Norman.

"But you just got hit on the chin for not being consistent," said Twilla.

"It's a difficult situation," said Dudley. "There is a septic tank already there. There was a business already there. His business is not going to use much water and sewer."

Norman asked Davis what his recommendation would be for the property. Davis recommended the compromise of connecting to they city sewer system with the effluent pump.

"I reluctantly make the motion (to accept the engineer's recommendation)," said Chaney. "I don't see that we have a choice."

After a long pause, the motion was seconded by Norman.

"We hear all the time that the city needs to be more business-friendly," said Norman.

"That's right," said Dudley. "But, again, we are not doing it. Anyway, ya'll are two and I'm one and I've lost before."

The motion passed, 2-1, in favor of Davis's recommendation, with Chaney and Norman voting to require King to connect to city sewer, either with a gravity line or an effluent pump. Dudley voted against the recommendation.