Elmore County, Coosada at odds over sewer project

Coosada is asking the courts for an injunction to stop the West Elmore Sewer Group project from being constructed in town limits without its permission.

Elmore County contends the parts of the project within Coosada are on rights of way deeded to the county.

The project is designed to connect large portions of western Elmore County to the wastewater treatment facility at the Wetumpka Water Works. 

“(The) Town of Coosada seeks an order which prohibits Elmore County from implementing a sewage project within the boundaries of the town in direct violation of the attorney’s general opinion,” the town’s complaint dated March 17 states.

Elmore County responded to the complaint on March 21. It stated it has received all necessary permits for the project required for utilization of Elmore County Board of Education property, private property easements, count rights of way, state rights of way, railroad rights of way and Town of Elmore rights of way for the construction of a 12-inch sewer line.

“Also even though the Town of Coosada isn’t participating in the current project, (it) would be eligible to connect to this transmission main in the future should they determine its in their best interest to pay the connection fee and join the collaborative effort like the other entities leveraging their funds,” the county’s response states.

Elmore County said in its response, the project stands to benefit more than 40,000 citizens in western Elmore County.

“This project is designed to allow for 1 million to 1.5 million gallons (of waste water) per day to be treated at the Wetumpka plant and alleviate pressure from Millbrook’s treatment plant,” the county’s response states.

Millbrook already has sewage lines that run into Coosada town limits to treat wastewater from Coosada Elementary and Airport Road Intermediate schools. Thanks to an early 2000s grant, a sewage line was installed on Upper and Lower Gibson Town roads to service up to 90 customers with the sewage being treated by Millbrook. It currently has approximately 50 customers.

In its response, the county said all clearing for the project must be done between Feb. 16 and April 30 each year due to a protected bat.

The Elmore County Commission approved using American Rescue Plan Act funding to pay for the project. The county also received state ARPA for the project. Altogether, the project is using $6,487,743 in ARPA funding. The county has asked if the preliminary injunction is granted for the Town of Coosada to post the amount as a bond. 

“It should be required to ensure the public benefit of the use of these ARPA funds are not lost,” the county’s response states.

The county has encumbered the funds but they must be spent by the end of 2026.

The complaint states Coosada learned of the project in January 2022.

“The county’s representatives never sought or received the town’s consent to proceed with the project’s plans,” the complaint states.

The town sought and received an attorney’s general opinion on the matter in May 2023.

“Another municipality, county, board of education or utility authority may not install water or sewer lines inside the town limits of the Town of Coosada to connect a neighboring municipality without first obtaining approval from the town,” the attorney’s general opinion reads.

The county’s response to Coosada’s complaint states the county is not required to get the consent of the town for the sewer project because it doesn’t use town property or streets.

“The Town of Coosada has no authority or right of control over Airport Road or the rights of way on that county road,” the county’s response states.

One of the contractors on the project purchased a Town of Coosada business license March 17 at a cost of $150. It was soon voided. According to supporting documents with the county’s response, Coosada Mayor Jim Houston and Coosada police chief Leon Smith Jr. voided the license.

“The Town of Coosada arbitrarily and capriciously voided or attempted to void that business license in an attempt to unlawfully interfere with the construction of the sewer project,” the county’s response states. “Upon information and belief, the Town of Coosada plans to issue daily citations to the employees and representatives of sewer contractor Jordan Excavation Company, LLC and possible others working on the project to harass and otherwise intimidate the contractor and its employees….”

The county’s response asks the courts to reinstate the contractor’s business license and keep the Town of Coosada from interfering with the project.