Sewer System Fails; State May Seek Answer in Court
Last updated Sunday, January 28, 2007 4:42 PM CST in News
By Lori Harrison-Stone
The Morning News
ROGERS -- A failed decentralized sewer system continues to serve homes in a Benton County subdivision and state officials may have only the bankruptcy court to look for solutions.
Sunset Bay development company, Summit One, is in Chapter 11 bankruptcy, leaving local officials few answers to force repairs and future maintenance of the decentralized sewer.
Dawn Guthrie, an attorney with the Arkansas Department of Environmental Quality, said last week the department is working to decide how to proceed. The bankruptcy is still pending and the state has legal options through the bankruptcy court for funding of possible mediation, she said.
Bankruptcy court records show Summit One is claiming $3.7 million in assets and just less than $5 million in liabilities. The $3.7 million in assets is listed as real estate.
Telephone numbers for developer Kent Neff's home and business are not working numbers. Neff, who reportedly lives at Sunset Bay, didn't appear to be home during an attempt to contact him.
A local provider of Septic Tank Effluent Pump systems, a type of decentralized sewer, put together a proposal to repair and maintain the system at the Sunset Bay subdivision two years ago, but the developer wasn't interested. Neff said he didn't have the money, and no property owners' association was formed to act on such a proposal, said Mike Whitehead, president of Nealey of Northwest Arkansas.
Nealey provides Orenco Systems and provided the system in Sunset Bay, but that was before Whitehead purchased the company three years ago. Neff bought the equipment only, Whitehead said. The design of the subdivision's onsite waste system, including the sand filters, was done by someone else.
His proposal to repair the system is $750,000.
Five systems were planned at Sunset Bay, Whitehead said. Four were built and a fifth was started. Whitehead investigated the systems and believes four are serving homes at Sunset Bay, but only two have electricity supplied to the pump systems.
There's no definitive evidence waste is getting into Beaver Lake because of the failure of the decentralized sewer, but Whitehead believes it's likely. The subdivision is located on Old Prairie Creek Road, just across the road from the Prairie Creek Branch of Beaver Lake. It was planned to include 140 lots, but only about a dozen homes were built before the development company went bankrupt.
John Sampier, executive director of the Northwest Arkansas Conservation Authority, is worried the problem at Sunset Bay could be repeated. He would like to see state legislation similar to Washington County ordinances. The county requires a licensed operator to be in charge of any decentralized sewer system.
Sampier is keeping an eye on this year's legislative session, but he hasn't heard of any proposals for regulations on the issue.
Whitehead supports the idea of state regulations on decentralized systems.
"It would make the playing field even," Whitehead said.
Someone could easily put in what they might call a decentralized sewer system without the right type of equipment, a good design or maintenance, he explained. If the industry is regulated, standards would have to be met.
STEP systems are better for the environment than traditional municipal sewer systems, Whitehead said. One of these systems can meet stricter discharge limits for the levels of acceptable contaminants than a municipal sewer system, because a STEP system doesn't treat and discharge solids, he said.
The solids are treated in individual tanks at each home while the liquid effluent is pumped out, treated and then disbursed into a drip irrigation field. The solids eventually break down in the tank, turning to liquid and then treated with other liquids going through the system, Whitehead said.
Decentralized systems are a good answer for development where traditional sewer isn't feasible, but they have to be maintained, Whitehead said. They allow developers to fit more homes in rural areas where homes typically require an acre for a septic system. Three and a half home lots can be built to an acre and served by a typical STEP system, but that doesn't include the common treatment facility and drip field, Whitehead said.
Maintenance on STEP systems is a must, however. The filters get clogged and the pumps sometimes fail. Twice a year, Whitehead's company overhauls the pump and filter systems for the systems they maintain.
He has contracted with Lowell to provide maintenance on the STEP systems the city takes on.
Gary Carnahan, community planning director, said most of Lowell is served by the Springdale sewer system. A small area of the city, however, can't adequately feed into the city sewer system by gravity. Developers in that area west of the city can propose a decentralized sewer system for their developments and the city can agree to take on the systems for future maintenance.
He said four subdivisions have opted and been approved for decentralized systems.
Other small municipalities including Bethel Heights and Cave Springs also have decentralized sewer systems. Highfill is developing one.
At A Glance
Wastewater Treatment Options
* Centralized Sewer -- A system of large-diameter pipes pushing waste by gravity flow and/or pumping systems to a wastewater treatment plant. The system can handle large volumes of waste and must meet standards for discharge to a surface water body. Most municipalities have centralized sewer systems.
* Decentralized Sewer -- An onsite or cluster wastewater system used to treat and dispose relatively small volumes of waste, generally from houses and businesses located relatively close together. Septic Tank Effluent Pump Systems, commonly called STEP systems, and Septic Tank Effluent Gravity Systems or STEG systems, are forms of decentralized systems.
Source: Staff Report
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