Commissioners and sewer district opponents square off with IDEM

Carroll County Commissioners and opponents of the Twin Lakes Regional Sewer District's (TLRSD) activities in Carroll County met with the Indiana Department of Environmental Management Tuesday morning for more than two hours. The outcome of the meeting was inconclusive, however IDEM representatives heard from a crowd that filled the gallery in the Carroll Circuit Courtroom about issues related to sewer district activities in the county. IDEM also heard from commissioners about their inability to govern a portion of that which they are responsible for - their own county.

Commissioner Bill Brown addressed IDEM representatives Bruno Piggott, Lynn Newlin, Amber Kent Finkelstein, Pam O'Rourke and Beth Atmyer at the beginning of the meeting. After thanking them for agreeing to meet with commissioners, Brown said although he was not qualified to speak about how the sewer district constructs a sewer, he was qualified to speak about "the treatment of the people by TLRSD."

Brown said in his 12 years as commissioner he had never failed to come to an agreement with a property owner about how to continue a construction project. He said residents in Carroll County have been treated with "insolence, threats, fines and liens" by the sewer district.

"No citizen of Indiana should be treated by their government as these people have been treated by the Twin Lakes Regional Sewer District," he said.

He said residents involved in the sewer district in Carroll County have suffered odors, destruction of private property, and an expensive sewer system. He said the behavior of the sewer district representatives "does not come up to the level of failure" in their treatment of county residents.

"We are asking IDEM to make them go home," he concluded. "Send Twin Lakes Regional Sewer District home!"

Piggott, who is the IDEM assistant commissioner for the Office of Water Quality, said he has heard many complaints against the sewer district and has responded to many e-mails.

"I very much appreciate hearing from you folks," he told the crowd.

However Piggott said the sewer district was formed, and continues to function, within the Indiana Code. He said there was nothing IDEM could do about resident concerns but refer them to their local leaders. He said the state statute gave control of sewer districts to local elected officials rather than the state agency.

Attorney for Free Jefferson Township Citizens (FJTC) Amy Romig disagreed. She said the state statute provides for sewer district violations enforcement. She said the Indiana Code allows IDEM to judge unfairness and said they could dissolve the sewer district if it was found to not be economically feasible or fair or reasonable in their actions.

"IDEM, step up and do your job," Romig said directing her comments toward the representatives. "Use your statutory powers to dissolve the district."

Piggott responded that what was not fair to one person could be considered fair to another person. He said the sewer district board is the entity responsible to make decisions about rates and expansion issues.

Although it was emphasized to him by audience members and commissioners that Carroll County only has one representative on the seven-member sewer district board, Piggott reiterated the intent of the state statute was for local elected officials to control the sewer district. He said residents had the opportunity to object to the sewer district actions during the permitting process and in public hearings prior to formation of the district.

Commissioner Loren Hylton said Tuesday afternoon after the meeting there were a lot of questions which did not get answered. He said there were grey areas in the Indiana Code that should be addressed.

"There seem to be two courses of actions we as commissioners could take," he said. "We could go before a judge or we could approach the sewer district board and offer a buy out of the project."

He said he would confer with fellow commissioners Brown and George Mears but he expected the issue to become an agenda item at a future commissioners meeting.

Sewer district opponent Pat Robertson said she has been in contact with Gov. Mitch Daniels' office about IDEM's lack of corrective action with the sewer district. She said the governor's office forced IDEM to agree to meet with the commissioners.

"I wasn't surprised with IDEM's stance today," she said. "We were hoping the meeting would be very beneficial for us, but that wasn't so."

"IDEM stood up for their rights - not the rights of the people," she added.

Robertson said Plews Shadley Racher and Braun LLP, the legal firm hired by FJTC, was waiting on the Tuesday meeting before filing suit against the sewer district.

"There will be a lawsuit," she concluded.