WILSON COUNTY, Tenn. (WTVF) — Wilson County is putting new policies in place to deal with poorly operating sewage systems that serve new neighborhoods.
The changes come as some call the county a "hot spot for failing systems."
The Southern Environmental Law Center recently filed a notice of intent to sue the county.
It claims the county and the private company it uses to operate sewage systems, Adenus, are illegally releasing wastewater into Old Hickory Lake at the Ridgewater Estates Subdivision.
Wilson County and Adenus deny wrongdoing at Ridgewater Estates.
However, a state review of Wilson County's 34 privately operated sewage systems found that half were out of compliance last year.
"Is this the calling card that we want for Tennessee? You can buy a home here, but you may have to deal with polluted wastewater seeping into your backyard," said Stephanie Biggs, an attorney with the Southern Environmental Law Center.
As Tennessee's population booms, large numbers of people are moving to Wilson County.
Developers are building subdivisions that are not connected to city sewer lines, so they are also building their own sewage systems.
The new systems use drip dispersal technology, which slowly spreads partially treated wastewater over acres of land.
When it works properly, it naturally filters and cleans the water.
But overloaded systems or broken dispersal pipes can lead to puddles of partially treated sewage near people's homes.
The Sunset Harbor subdivision near Old Hickory Lake in Wilson County boasts "Lakeside Luxury" on its entrance.
Drive inside and you see big homes with manicured lawns.
But pictures from state inspectors last year show wastewater ponding near homes and flowing where it shouldn't.
An inspector wrote that the "smell was strong" in a "flooded area" near its treatment facility.
In May, the state fined Sunset Harbor's sewage treatment facility $50,670.50 because of ongoing problems at the facility.
Wilson County's sewage systems are owned by the county utility—the Water and Wastewater Authority of Wilson County.
Executive Director Chris Leauber pushed back against the idea that Wilson County is a hot spot for failing systems.
"Part of it is we are a very easy target," Leauber said.
NewsChannel 5 Investigates asked, "Are you an easy target or are things actually failing?"
Leauber responded, "No. So, I don't consider things as failing. I consider things that need to be better managed and repaired."
The Authority outsources the operation of its drip fields to a private company—Adenus.
Records show the county has paid Adenus more than $18.7 million over the last 11 years.
"My first thought was, 'Wow, this is a lot of money.' My second thought was, 'What are the ratepayers of Wilson County actually getting out of this deal?'" Stephanie Biggs, with the Southern Environmental Law Center, asked.
NewsChannel 5 Investigates asked Leauber, "Are you satisfied after paying $18 million with what you are getting?"
Leauber responded, " Yes. I mean, they have been under contract since 1999. So, yes, I'm satisfied."
Leauber said Adenus has the expertise, and firing them would just lead to more expenses.
NewsChannel 5 Investigates followed, "If Adenus was doing its job, you wouldn't have some of these problems. Do you agree with that?"
Leauber responded, "I have to agree to some extent, yes."
Leaber said the county has approved a new position to work directly with Adenus to identify problems at drip fields more quickly.
He said many of the problems can be quickly corrected if identified early.
But Biggs said an even bigger question is whether Wilson County is lying on its permit applications to the Tennessee Department of Environment and Conservation (TDEC), which approves drip field permits.
"Who is deciding to tell TDEC we're going to build a drip field that is this size. And who is making the decision to build something that is so much smaller?" Biggs said.
She pointed to Leauber's signature on the Sunset Harbor permit application.
It promised nearly 6 acres of land for wastewater dispersal.
But after homes were built, state inspectors found only "about 2 acres" of "active drip lines."
A smaller area can lead to overloading.
Other neighborhoods, like the Academy Road subdivision, had more homes connected to the system than were listed on the permit.
"We see this across Wilson County. This has happened at multiple sites," Biggs said.
NewsChannel 5 Investigates asked her," Would you say they are lying on their applications?"
"It's not accurate to the facts on the ground, I can tell you that much," Biggs responded.
Leauber said he believed what he signed in the permits was accurate.
"I wouldn't sign it if I didn't think it was truthful," Leauber said.
But he said in some cases, Adenus or developers have not installed drip pipes fast enough.
NewsChannel 5 Investigates asked, "Are you frustrated?"
Leauber responded, "Oh yeah."
NewsChannel 5 Investigates asked, "Are you surprised? You signed, saying something is going to happen, and you feel like it hasn't happened."
Leauber said, "Things have not happened as fast as you would like them to happen."
Leauber said sometimes developers added homes faster than Adenus added drip pipes.
NewsChannel 5 Investigates asked, "Are things going to change?"
Leauber responded, "Yes."
NewsChannel 5 Investigates followed, "What are you going to do?"
Leauber responded, "We are implementing new processes now."
Leauber said his new policy is that he will not assign a permit application until the drip lines have been installed.
Developers cannot start building homes until the drip lines are installed.
NewsChannel 5 Investigates asked, "And that's a new policy?"
Leauber responded, "That's a new policy moving forward, yes."
NewsChannel 5 Investigates followed, "Because of what has happened."
Leauber said, "Yes."
NewsChannel 5 Investigates said, "Because you are frustrated."
Leauber said, "Because my name is on there. And I can control that. Now the development community may not like it."
State inspectors found Wilson County has a much higher non-compliance rate than nearby Rutherford County.
Officials there have strict policies that developers must follow.
