The East Central Link Water and Wastewater Updates

JCUA and other government agencies given ultimatum before lawsuit is filed
Cherie Chesser, The E.C. Link

The courthouse steps in Gulfport were lined Tuesday morning with residents opposing water and sewer projects along South Mississippi. Casey DeMoss Roberts of the Gulf Restoration Network (GRN) announced that the Hurley, Wade and Big Point water and waste water projects will be included in a lawsuit that they plan to file the suit against the U.S. Department of Housing and Urban Development (HUD), the Mississippi Development Authority (MDA) and utility authorities for Jackson, Harrison and Stone Counties. "Our primary concern over these projects is the significant, unnecessary and wasteful damage these nine projects could cause," she said. She also said the Network feels other Mississippi communities that really need help with their water and wastewater problems are losing that opportunity. "The pie of hurricane recovery money only has so many slices… No slices should go to private real estate development." A notice of intent to file a lawsuit was sent Tuesday to HUD, MDA and the Utility Authorities, noting what GRN calls "violations" of the National Environmental Policy Act (NEPA) for the projects. The purpose of this letter, DeMoss said, is to give these agencies a chance to make this right before they take it to federal court, which they plan to do in 30 days if no agreement is reached.

Jackson County Utility Authority Attorney, Jimmy Heidelberg, told The Link Tuesday afternoon, that JCUA hasn’t yet received this notice, so he could not comment on the specifics of their allegations, but said that JCUA has acquired state and federal permits on all projects underway and have been in compliance on all fronts. He added, "These projects are being put in place to benefit the entire county and provide appropriately treated water and wastewater."

We will have more on this story as it unfolds.

CAFU votes to change focus

Cherie Chesser, The E.C. Link

AFU (Communities Against Forced Utilities) was unable to reach their goal of fifty thousand dollars. They were raising the money to file a federal lawsuit to stop public water and sewer from coming to the East Central and Vancleave communities. They were only able to pull together $1700 in donations.

The group discussed their next steps in a public meeting Thursday at Lum Cumbest Park. Members expressed their frustration at the idea that the public has become apathetic and given up on stopping the project since the pipes are already being installed.

Though they filed an appeal to MDEQ’s decision to grant JCUA their permits for the

Hurley, Wade and Big Point projects, it appears CAFU is left with few other options.

In that light, members voted Thursday to change the goals of the group and become a "watchdog" organization. They decided their new goal will be to oversee the actions of JCUA and other government agencies to ensure they are doing things by the book and fulfilling the promises they make. They will be contacting each person who gave money toward the $50,000 in legal fees and will offer to refund their money.

The Link has received several complaints that JCUA has failed to notify property owners before showing up to work on their. One resident made the following comment on our website. "JCUA should at least be courteous enough to let us know when they are coming and what they’ll be doing to our property. I just woke up one morning and they were in my yard tearing it up. Then they left and I had no idea if they were done or just taking a break…" When asked about this, JCUA spokesman Walt Denton said that individual contractors are to notify each property owner as the work progresses. "No JCUA contractor is authorized to work on private property unless given permission." However, he also said he didn’t believe any notifications are provided nor required for public right-of-ways.

Keep reading The Link for updates on the status of these projects.

Questions and Answers from JCUA

Q. Will you have community workshops for Big Point / Wade like you did in Hurley?

A. Yes, however workshops may be combined or conducted in conjunction with other workshops and other projects.

Q. How will solid waste pumped from homes be disposed?

A. Sewer pump truck waste is regulated by the Miss. Department of Health and must be hauled and disposed of by licensed facilities. The only licensed facility in Jackson County is the Pascagoula-Moss Point treatment plant. JCUA will haul and treat the waste at this licensed facility.

Q. Are homeowners notified before you begin work on their property?

A. Yes. Before work is performed, the contractor is to notify the property owner as the work progresses. No JCUA contractor is authorized to work on private property unless given permission. Notifications are not provided nor required for public right-of-ways.

Q. If a person applies for a new building permit in Jackson County, do they have to go through JCUA? Do they have to sign something saying they will tie into public water and sewer?

A. Yes, every building permit in Jackson County must be certified by the JCUA office and acknowledge that the JCUA retains the right to compel connections. This is actually state law (MS Sec 49-17-745 [5] [a] and [b]), which states, "Before a building or development which requires the installation of water, wastewater or storm water system is constructed, the system must be submitted to the county authority for certification that the system complies with the county authority requirements for such system. Before approving or renewing a water, waste water or storm water related permit for a system within a county authority, the state agency must require certification that the system complies with the requirement of the county authority."

MDEQ Grants JCUA Permits

The Jackson County Utility Authority has received all requested permits from the Mississippi Department of Environmental Quality and other government agencies for Hurley, Wade and Big Point water and wastewater treatment facilities. We will keep you updated on the projects as they unfold.

Citizens Continue Fighting Despite MDEQ Decision

Cherie Chesser, The E.C. Link
July 8, 2009

Last week, July30, 2009, in Jackson, the MDEQ* permit board voted unanimously to grant JCUA* permission to build a wastewater treatment plant in Hurley. The facility will be located off Cumberland Trail and will treat approximately 75,000 gallons of wastewater each day from area homes and businesses.

Members of CAFU* gathered Thursday night to discuss options for continuing their fight. President Gary Bell told the group they were down to three options; Appealing MDEQ’s decision, filing a federal lawsuit against JCUA or joining forces with the Gulf Restoration Network. The crowd chose to do all three.

The group has already begun the appeal process, which means another hearing will be scheduled and they will have another shot at changing the minds of MDEQ officials.

The option to file a federal lawsuit will stop the project all together for a few months, said CAFU spokesperson Carla Castorina. It’s expensive though, and the group will have to raise $50,000 by mid-July in order to do so. "If each of our 850 members donates just $60.00, we’ll have the money we need to proceed with this lawsuit," said Bell. "The problem is, people see the pipes going in and think it’s a done deal already." The group plans to increase fundraising efforts by contacting each member to ask for donations and having a yard sale in the parking lot of Greer’s on July 18th.

The Gulf Restoration Network is working on a lawsuit based on environmental concerns with ten wastewater projects along the Coast. Joining forces with the network won’t cost much money, but Castorina said that GRN hasn’t decided yet if the Hurley project will even be included in their fight.

Attempts were made to contact Tommy Fairfield of JCUA to find out when construction of the plant will begin, but as of Tuesday morning our calls had not been returned.

* Mississippi Department of Environmental Quality

* Jackson County Utility Authority

* Communities Against Forced Utilities

Have Citizens Given up the Fight Against JCUA?

Cherie Chesser, The E.C. Link

Only about 48 residents gathered at East Central High School Thursday June 18, 2009 for the public hearing held by MDEQ (Mississippi Department of Environmental Quality). The meeting was held in order to receive public response on the wastewater treatment facilities planned by the Jackson County Utility Authority (JCUA) in Wade and Big Point. Though the meeting lasted nearly three hours, the small crowd was a stark contrast to the 250 citizens that gathered just three months ago to oppose the same project in Hurley. Have citizens given up on stopping the authority from bringing water and sewer to the community?

Representatives from CAFU (Communities Against Forced Utilities) told The Link they think some people are starting to give up. "They see the pipes already going down and they think it’s over…." However, CAFU is continuing their fight. CAFU Attorney John Ford told MDEQ he feels JCUA can’t be trusted. "JCUA has demonstrated to the citizens of Jackson County time and time again, that it is a rogue agency. That is, JCUA makes rules, decisions and statements at its whim, with no true coordination with citizens or other agencies of Jackson County." Other public comments included concerns about the environmental impact of the projects, the cost to the homeowner and concern that the grant money being used to fund the projects would be better spent elsewhere.

MDEQ representative Jerry Cain said questions and comments from Thursday night will be made part of the public record and handed over to the permit board, who will make the final decision about whether or not to grant JCUA the permits they are requesting. This process could take several months. A decision will likely be made on the Hurley facility (Cumberland Trail) during the Permit Board meeting scheduled for June 30th in Jackson. The Link will be there and will bring you the story as it unfolds.

School Board Grants Easements to Utility Authority

Cherie Chesser, The E.C. Link
Despite the outcry of several Jackson County taxpayers, the Jackson County School Board voted Monday night to grant utility easements to the Jackson County Utility Authority (JCUA) on school board property in Hurley and Vancleave.

JCUA requested the easements in April for the purpose of running sewer and water lines for wastewater projects in both communities. During the April meeting, the board elected to hire independent engineer, Aaron Masters to provide a professional analysis about the wastewater systems. Masters told the board Monday night that he saw no reason not to grant the easements and reiterated a point he’d made in the report, stating that the Mississippi Department of Environmental Quality (MDEQ) and the EPA (Environmental Protection Agency) had the responsibility of making sure the school board was covered by a public sewer and water system that would meet their needs.

JCUA attorney James Heidelberg spoke on behalf of the authority. He provided a signed resolution from the authority promising the school board that all Jackson County schools would be able to use the system upon completion. The resolution also states the sewer and water systems have adequate capacity to serve the present needs of the school district as well as handle future growth. Heidelberg gave an anticipated completion date for all projects as the end of 2011.

The first person to speak in opposition to the easements was Jackson County Sherriff Mike Byrd. He told the school board that the United States government is supposed to reflect the will of the people and that forcing utilities on communities that don’t want it is a violation of their rights. "Those we elect into office have an obligation to hear the voices of the taxpayers," he said. "Bringing public sewer and water will force municipal problems on a rural area…. I don’t believe our county infrastructure can handle the increased growth, increased crime and overcrowded schools."! Several others spoke against the easements, including CAFU spokesperson Carla Castorina and their attorney, John Ford.

Following the public comment period, school board member Tommy Tootle made a motion to grant the easement. Several seconds passed in silence before David Sims seconded the motion. A vote was called for and Fountain, Tootle and Sims all voted in favor of granting the easement, with Glenn Dickerson’s vote being the single one opposed. School board member Randal Turner was not present at the meeting. Dickerson said he is disappointed with the outcome, "I don’t think tonight’s decision was in the best interest of rural Jackson County or our schools. However, now that the die is cast, we must come together as a community to secure good zoning. Only through good zoning will be able to prevent undesirable development."

On Thursday, MDEQ (Mississippi Department of Environmental Quality) will hold a public meeting in regards to JCUA’s permit request to build wastewater treatment plants in Wade and Big Point. The meeting begins at 7:00 p.m. and will be held at East Central High School.

Does the Fate of JCUA Projects Rest on School Board Shoulders?
April, 2009

The Jackson County Utility Authority (JCUA) is on the verge of turning dirt on several water and wastewater projects in Jackson County. However, after Executive Director Tommy Fairfield approached the Jackson County School Board Thursday Night, it seems the fate of JCUA projects in Hurley and Vancleave might rest of the shoulders of the school board. The Utility Authority was originally invited to the meeting after the school board received a letter dated February 9, 2009 from JCUA explaining that the authority was potentially interested in obtaining school board property in Vancleave. “We are hereby requesting permission for access to your property to conduct a land survey and for permission to conduct a limited engineering investigation…” the letter stated. It went on to explain some of the particulars of Eminent Domain and why the government has the right to obtain personal property when needed.

Following the Feb. 9th letter however, JCUA Executive Director Tommy Fairfield learned the Authority needed more than that from the school board. He told them that after speaking with the Secretary of State’s office, he’d learned that JCUA needed a lease to use school board property (also called 16th section land). Gaining use of land in front of Lum Cumbest Park to run pipes for the Hurley project is especially urgent, Fairfield told the school board. He said that after speaking with DEQ while in Jackson he’d learned how urgent it was. He asked the school board to grant JCUA access to the land for testing and appraisal. When asked about where JCUA stands now and if they can still take the property using Eminent Domain, Attorney John Ford said, “Eminent Domain is a process of taking a PRVATE property for a purported PUBLIC use. All school lands is public and there is no mechanism other than negotiation for them to use school land. Sixteenth section school lands were created by our constitution, and that trust is superior to a "need" created by our legislature, thus is in a superior position.” We asked the same question of Tommy Fairfield and as of Tuesday afternoon, he still had not given a response, saying the questions were sent to the attorney’s office.

The meeting heated up a bit when Vancleave resident Dan Warner spoke. He told the school board that the authority had already been taking core boring samples on school board property in Vancleave. School Board member Glenn Dickerson expressed concern that activity has already been taking place on 16th section land without permission. When asked about if this activity really did take place, Fairfield told The Link that “No boring activity was, nor is, “authorized" on 16th section land, only in adjacent public right-of-way.”

Members of the school board also questioned Fairfield about whether or not the schools would have access to the services allowing them to stop using lagoons for their wastewater needs. Fairfield confirmed that he’d told Superintendent Barry Amaker that the schools should be able to hookup to the new systems. However, in talking further about the decentralized wastewater treatment system planned for Hurley, Dickerson, who is also a Hurley resident, questioned the fact that the system JCUA is currently requesting a permit for a system that could only handle 75,000 gallons of wastewater per day. Dickerson produced figures showing that East Central schools currently discharge an average of 36,000 gallons per day over 365 days. “School is only is session for 178 days per year, which means that while school is in session, we’d almost max out your system.” he said. Fairfield’s response was that until he had access to more information, he couldn’t guarantee one way or the other. Dickerson later told The Link, "During the school board meeting, we discovered that East Central schools will not be able to use the proposed sewer system. It is difficult to understand why JCUA would have selected a sewer system design that is so poor; it can't even be used by the public schools."

CAFU (Citizens Against Forced Utilities) attorney John Ford also spoke to the school board. “I’m coming to you today as a taxpayer and concerned citizen….” he said, as he voiced concerns about JCUA. “Doing business with them (JCUA) is like doing business with a moving target,” he told the board. He also expressed concern that the counties superior rating could be in jeopardy if the schools are overcrowded due to the influx of people that could come with further growth for the unincorporated areas of Jackson County. Towards the end of the meeting, when Amacker asked the board if they would consider granting permission for JCUA to conduct their tests and appraisals, the board declined, deciding to wait until the next meeting, when Fairfield promised to present more information to the board. The meeting is scheduled for May 11 at 5:00 p.m. The Jackson County School Board is made up of individuals elected by the taxpayers of Jackson County. Board president Kenneth Fountain can be reached via email at kafountain1@bellsouth.net. Glenn Dickerson can be reached at dickerson05@bellsouth.net or by calling 588-1005.

The rest of the school board members are as follows, though we do not have contact information for them.
Randal B. Turner,
Thomas L. Tootle,
David A. Sims, and
School Board Attorney,
Jack Pickett.

Citizens Cry Out to MDEQ to Stop Sewer in Hurley

Cherie Chesser, The E.C. Link
The Mississippi Department of Environmental Quality (MDEQ) fielded questions and comments for four solid hours at the community center Thursday March 26, 2009. The public hearing was a part of MDEQ’s process in determining whether or not to grant The Jackson County Utility Authority (JCUA) a permit to construct a wastewater treatment facility off Cumberland Road in Hurley. Two hundred fifty plus residents and business owners attended the meeting and spoke about the environmental concerns they have with the facility, with most urging MDEQ to deny the permit or require JCUA to meet stricter standards for environmental safety before moving forward.

Comments ranged from simple to complex. Tonie Isham, Jr.’s comment simply said, “If it ain’t broke, don’t fix it!” Others were more complex; When E.W. “Ed” Cake, Jr., Ph.D. from Gulf Environmental Associates got his turn to speak, he told MDEQ officials that under the National Environmental Policy Act (NEPA) of 1969, state and federal agencies that utilize federal funds are required to prepare a complete Environmental Impact Study (EIS) on the project that covers the direct, indirect and cumulative impacts of the proposed action. Cake does not believe the Environmental Assessment conducted by JCUA meets the requirements of NEPA. Jerry Cain, MDEQ Director of Office of Pollution, disagreed and later said that the EA prepared by JCUA does meet the conditions of NEPA. Roy Crain told MDEQ he is concerned about more businesses popping up in Hurley if this system comes to the area. “We already have three banks, two grocery stores, two pharmacies, three oil changing places, three restaurants, a fast food place…We have more businesses per capita than Moss Point and Pascagoula.”

After everybody had a chance to speak, Crain gave the crowd an overview of what comes with the process ahead:
• The comments and questions from the meeting will be sifted and sorted out and a complete file will be put together containing the minutes and comments from the meeting. Jerry Crain said this process could take awhile. “It could be 30 days or it could be 230 days,” he said.

• The MDEQ officials present at the meeting will supply the Permit Board with copies of the file along with a technical recommendation.

• The Permit Board will take into consideration the totality of the record and either approve or deny JCUA’s permit. This is not a public meeting.

• When a decision is made, either side can appeal the decision and ask for a hearing with the permit board. From there, the case can go to Chancery Court and onto Mississippi State Supreme Court if the aggrieved party keeps appealing.

• If JCUA is granted the permit and the decision is appealed, they could begin with the project, but would do so at their own risk.

Cherie Chesser, The E.C. Link
March 14, 2009 the East Central Community Center was packed, with close to 140 people showing up for a CAFU (Citizens Against Forced Utilities) meeting, where preparations to fight the Jackson County Utility Authority (JCUA) continued. CAFU and organizations opposing the system have been fighting the proposed water and sewer systems planned for our part of the county for more than a year. Now that JCUA has purchased land off Cumberland Road in Hurley and applied for a permit to operate a wastewater treatment plant there, the fight has escalated.

Following the meeting of the CAFU on February 12, 2009, The Link contacted the Jackson County Utility Authority (JCUA) about the status of the project. Below are the questions the Link asked and the answers JCUA provided

Q. At the last CAFU meeting they told the crowd that JCUA still has to complete a request and/or get a report from US Fish and Wildlife before any dirt can be turned. Is that true?

A. The JCUA Projects are at various stages in our following the requirements of the National Environmental Policy Act (NEPA). Part of that process includes our approvals we must receive from Fish and Wildlife. Beyond those requirements, JCUA actively engages Fish and Wildlife to protect the spirit of our various memorandums of understanding we have in place and our agreements to make sure our construction schedules do not interfere with any protected species. That being said, our efforts to work with Fish and Wildlife are ongoing throughout construction as our very purpose is to protect the environment.

Q. Can you give me an estimated time frame that the Hurley system will be actually up and running and a time frame when the dirt will first start to fly?

A. Work in the Hurley are is included under five or six construction contracts (sewer lines, water lines, water wells, water tanks, treatment plants etc.) and they are all a different stages. All work should be completed over a two year period. Some work is scheduled to begin in four to six weeks. Work begins with material approvals and the contractor's mobilization.

Q. At the CAFU meeting they voted to file a federal lawsuit to stop this – does JCUA have an “on the record” response to that?

Q. Are there still connection fee waivers for those along the phase 1 portion?

Q. Are there any plans to hook up the East Central schools to the new system or are they still going to be using the lagoon for now?

A. That decision must be made jointly with the school system. I have just begun discussions with Superintendent about our services available throughout the county and we are assessing the needs of the schools.

Q. Is it true that JCUA now owns the 20 acres of Cumbest Family land? If so, was that settled in or out of court?

A. The Jackson County Utility Authority has successfully negotiated the acquisition of a twenty acre tract of land clearing the way for development of the Hurley Area Decentralized Wastewater Treatment Facility. The twenty acres were conveyed by the Cumbest family to the Jackson County Utility Authority giving the Authority possession and title to the property. Both parties agreed to go through a court process to determine the property’s final selling price.

The decentralized system will provide flexibility allowing the Authority to put systems in specific areas of growth or areas of density. This will allow the Authority to avoid the cost of running long trunk lines and possibly encouraging growth in areas where development is not desired.

The Authority will maintain 100% of the new wastewater and water systems up to the point of delivery. For example, a home’s tank, pump and lines to the street will be maintained, repaired and replaced by the Authority at no cost to the homeowner unless the homeowner does not follow the Authority’s instructions for use or abuses the system.

The twenty acres will also be maintained by the Authority including the decentralized system’s green field. These fields in other developments, such as residential neighborhoods, are used as soccer fields, recreational fields and walking paths. It is also anticipated the decentralized system, once in place, will increase property values of not only the twenty acre tract but adjacent properties as well.

The Authority, in conjunction with MDEQ and the Governor’s Office, is currently overseeing eight wastewater and water projects made possible by $94 million in Federal funding provided to Jackson County after Hurricane Katrina.

The Jackson County Utility Authority is also part of the Mississippi Gulf Coast Region Utility Board, which was established by the Mississippi Legislature after Hurricane Katrina and includes five coastal counties (Hancock, Harrison, Jackson, Pearl River and Stone). These five counties received over $630 million in Federal funding to develop a regional water and wastewater infrastructure “backbone” for the Gulf Coast for future economic development as well as making Jackson County as prepared as possible for future storms.

If you have any questions, please contact Walt Denton with Denton Advertising, PLLC at 228-436-7700 or e-mail walt@dentonadv.com

The Link asked the Cumbest Family for a response to JCUA’s statement. The following came from the attorney handling the case, Mr. Scott Cumbest...

I recently received a copy of a purported news release which appears to be prepared by the JCUA. There were portions of this article that were misleading. I have been hired by the landowners to represent them in an eminent domain suit filed by JCUA, which was filed on September 10, 2008.

JCUA is a public entity created by the Mississippi Legislature which has the power to take a private person’s land for public use. In this particular case, JCUA will be constructing and operating a wastewater treatment and disposal facility for the residents in the Hurley area. It will be known as the “Hurley Area Decentralized Wastewater System”.

Apparently, JCUA believes that this site will meet the needs of the Hurley area because of its location and its soil qualities. Once the suit was filed, JCUA and the landowners did engage in negotiations regarding the value of the 20 acres, but were unable to reach an agreement. Additionally, appraisers for JCUA determined that the adjoining property owned by the landowners would not be affected or damaged in any manner. Because JCUA had the absolute right to acquire this property by eminent domain, I advised my clients to enter into an agreement allowing JCUA to receive immediate title to this property. However, we specifically reserved the right to have a jury trial for the purpose of determining the value of the land, plus any damages to their adjoining

property. In this particular case, the landowners had no choice but to allow these matters to be decided by a Jackson County jury.

I am not convinced at this time that a sewage wastewater facility site will increase property values of the adjoining property. It will probably benefit others throughout the community, but I am very concerned about the value of the immediate property owners.

My clients are very concerned that the facilities to be built on their property will decrease the value of their adjacent property. I do not know of anyone who wants to build a nice home next to a sewage treatment facility.

JCUA Official Statement in response to December 31, 2008, The East Central Link article re: the Citizens Against Forced Utilities meeting.

The Jackson County Utility Authority would like to clarify the following statement printed in The East Central Link on December 31, 2008, “After overlaying the maps provided by JCUA at the workshop, three of the deep wells that pump water into local homes will be located at the same sites as the wastewater treatment plants for Hurley, Big Point and Wade.”

This statement is incorrect. Two proposed sites - Hurley and Big Point - will have elevated storage tanks, not deep wells. The proposed Polktown site will have a water well on an adjacent parcel (several hundred feet away). Its location will far exceed the Mississippi Department of Health’s requirements for surface water safety.

“God, we know You want what is best for our community and that is all we want too…”
These words, spoken by Ms. Cathy Reed, opened the CAFU general membership meeting on Thursday night, December 18th.

Over 80 citizens were in attendance when CAFU attorney John Ford dropped a bomb that had been missed by many after the Jackson County Utility Authority (JCUA) workshop held on the 8th. After overlaying the maps provided by JCUA at the workshop, three of the deep wells that will pump water into local homes will be located at the same sites as the wastewater treatment plants for Hurley, Big Point and Wade.

When asked about the engineering reasons behind this, project engineer Alex Dixon (JCUA) told The Link, “We are working with the appropriate agencies to make sure all requirements are met. The state requires a one hundred (100) foot separation between a water system and an absorption field. This will be the case for the Hurley Decentralized System. As far as the actual force mains, the JCUA standards and specifications state the following: ‘sanitary sewer shall be laid at least ten (10) feet horizontally and eighteen (18) inches vertically from any water lines with water lines always located above sewer lines.’”

Currently, the 100 feet rule applies to residents on one acre of land or more. “This just doesn’t make sense!” Ford told those present. “They are taking waste from up to 300 homes, currently spread over 600 acres, and condensing it down to all be pumped into one centralized location, 100 feet from where they’ll get your drinking water!”

The decentralized treatment system will pump wastewater (without solids) from community homes through a three step filtration process at the wastewater treatment facility before it is released into the soil for absorption. No chemicals are used in this process.

The JCUA recently offered connection fee waivers to the first 100 customers along the service route to sign up. Phase one of the plan will connect approximately 150 homes to the Hurley wastewater treatment facility, but holds a capacity for 300 connections before another facility would have to be built in the same location. Similar treatment facilities are also being planned in the near future for Wade and Big Point.

Resident, Cliff Notvest, told The Link he didn‘t think the connection fee waiver was ethical, “I don’t see how they can change the fee for people just because they ‘got in line first’. It would be like standing in line for a driver’s license and the DMV charging the people at the back of the line more than those at the front!”

Currently, the JCUA rules and regulations listed on their website (www.jacksoncountyutilityauthority.com) show the tap fee at $3850.00, and state the fee does not include connection from gravity sewer lines from homes to the interceptor tank. It also does not include power connection, which must be performed at the owner’s expense.

CAFU’s public relations officer Carla Castorina told the membership that she felt good about progress the group was making in order to change the legislation making up the JCUA.

CAFU’s next public meeting is scheduled for January 8th in Vancleave.
View JCUA maps by clicking HERE (Water) and HERE (sewer).

As picketers lined Highway 614 in protest Monday, the Jackson County Utility Authority held a community workshop at the East Central Community Center. The workshop was intended to answer questions and present the plan for the public wastewater system slated to be underway soon in our area.
In a news release last week, the Authority announced the workshop and offered free connections to the first 100 customers to sign up along the service route. At the workshop, maps were posted so residents could see the areas that will be immediately impacted. Engineer Alex Dixon and Project Manager Kevin Elliiot were just two of the representatives available to answer questions about the effluent sewer system being used for the area. (see page 2 for more information about the system and areas of immediate impact). Executive Director Tommy Fairfield said the monthly cost for waste treatment will be set at $40 per month for homeowners. The cost for the public water system, which will be about a year behind the sewer, will be billed based on usage but the cost per unit has not yet been set.
Three treatment plants are being planned for the East Central area. The land for the first treatment facility, which maps show located at Cumberland and Hwy. 613, has not yet been purchased by JCUA, according to Fairfield. The maps show the owners as the Cumbest family, (listed on the map as Mark Cumbest, et. al meaning “and others”). Fairfield said that no agreement has been reached for the sale of the property. He also said a court
date has been set so the authority can seize the land under Eminent Domain, if terms cannot be agreed on by both parties. With Eminent Domain, the landowners will still be compensated at Fair Market Value for the property. Mark Cumbest, speaking on behalf of the family, said they are unable to comment because the property is in pending litigation.

Connecting to the system will be required for residents and businesses along the service route with a property line 300 feet or less from the main line. Although the utility authority has offered free connections to the first 100 to sign up, Mr. Kenneth Yarrow, gulf coast policy analyst for Governor Haley Barbour’s office, told The Link that more funding for connections would be made available so that everybody in the initial phase would be able to connect at no cost to them.
Harleston residents, Mary and Thomas Jordan, told us they are hoping public sewer and water systems would be available to them soon. Although they’ve had no problems with their septic system since purchasing the property 32 years ago, Mr. Thomas said the quality of their well water has gone down quite a bit since development around their property has increased over the last five years. “Anybody with common sense knows that water and waste don’t mix”, Thomas said, adding that he believes public utilities are coming whether we like it or not. Another resident, who asked that her name not be mentioned, said she can’t wait to tie into the system and never have to deal with her septic tank, or bubbling toilets again.
While a few residents looked favorably on the system, opposition raged inside and out as other residents and business owners expressed their disagreement with the system and the way JCUA has handled the project. Long time resident and business owner Cheryl Helms said, “Why are they doing this now, with the economy in the state it’s in? We are self-sufficient here and most of our residents have no problems with their water or septic systems. Plus, we don’t need another monthly bill. Why can’t they take that grant money and give it to a community that actually needs it?”
Members from the groups Citizens Against Forced Utilities (CAFU) and Citizens Against Sewer in Hurley (CASH) came together to protest, despite small differences that led the opposition to split into two groups months ago. CAFU hired attorney John Ford in August in an effort to change the legislation creating the JCUA. They believe Jackson County should be brought even with other Mississippi counties receiving federal aid for similar projects. CAFU representative Carla Castorina said in a recent meeting, “Jackson County is the only county with no elected officials serving on the board of directors and no opportunity for residents to have a say. “Other counties are making hookups optional,” she said, “why can’t we?” CAFU is holding a public meeting tomorrow night, Thursday, December 11th at 7:00 p.m. at the community center.
More than 60 residents showed up for the workshop Monday. Although at 6:30 we were told less than five residents actually signed up for the connection fee waiver available that day, JCUA engineer Alex Dixon notes, “Although there were some residents who decided to actually sign-up the same day, that certainly was not the purpose of the workshop. JCUA looks forward to following up with the workshop attendees and continuing outreach efforts as JCUA projects continue to progress…” For more information about JCUA’s current projects visit their website at www.jacksoncountyutilityauthority.com, or call their office at (228) 762-0119.

The following is the wording used on the waiver being offered to the first 100 property owners who sign up.

I/We ______________________ acknowledge that this connection fee waiver shall not become effective or enforceable until the Hurley Decentralized Waste Water Treatment Plant and Transmission Mains as stated by the Mississippi Gulf Region Water and Wastewater Plan is fully constructed and funded through the Community Development Block Grant Gulf Region Disaster Recovery Program.
I/We expressly understand and agree that this connection fee waiver is conditioned upon the Jackson County Utility Authority’s receipt of sufficient grant funds to cover the cost of one hundred (100) connections, including step tanks, to the Hurley Decentralized Waste Water Treatment Plant and Transmission Mains.
I/We expressly understand and agree that this connection fee waiver is null and void if sufficient grant funds are not provided through the Community Development Block Grant Gulf Region Disaster Recovery Program.
Signature and date spaces were listed at the bottom.
(This is not an official document and is included by The Link to be used for informational purposes only. Please contact JCUA for an official copy of this document.)