Big Win For Lake View As Sewer Amendment Clears Senate Committee

TUSCALOOSA, AL — A constitutional amendment that would allow Tuscaloosa County citizens to vote on placing the City of Lake View's private sewer system's rates under the oversight of the Alabama Public Service Commission cleared a major hurdle Wednesday afternoon when it received a favorable committee report.

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The bill has failed to make it to the governor's desk on two different prior occasions, but progressed farther than ever before in the legislature on Wednesday.

More than a dozen Lake View residents and city officials boarded a charter bus for Montgomery to attend the public hearing before the Senate Fiscal Responsibility and Economic Development Committee, where policymakers were given firsthand accounts of "horror stories" relating to the Tannehill Sewer System prior to casting their votes.

Check out our past coverage:

• A Sewer Lord's Tale: Lake View Residents Battle For Oversight
• Lake View United Against Private Sewer Owner's Business Practices
• Lake View Passes Resolution Supporting Sewer Oversight Bill
• Lake View Sewer Bill Passes House, Heads To Senate

Residents like Sharon Scarborough, who lives in Owen Park and is currently in bankruptcy due to astronomical and rapidly-mounting sewer fees. As Patch has previously reported, the Tannehill Sewer System has been the waste treatment provider for the city since its incorporation more than two decades ago and is owned by Mike White, who was recently ordered by a judge to pay $4.7 million in damages to three families who saw their collective sewer bills total more than $500,000.

With most residents paying more than $120 a month just for sewer service, which doesn't factor in usage or include water service, the fees have steadily climbed over the years, and with increasing frequency as of late.

"My nightmare started with this sewer owner back in 2016, when we received this notice that I'm holding that the homeowners must put in a cut-off valve on their property so, if we don’t pay our bill, he can come turn it off," Scarborough told the committee. "My understanding as a homeowner was this was supposed to be done from the beginning."

Attempts to contact White for comment following Wednesday's vote have been unsuccessful.

Indeed, other residents have raised this concern to Patch in our past reporting, with some worrying that when service is cut off for some, it could cause the sewage to back up, thus putting them at risk of condemnation of their homes from the state health department.

The cost to install the cut-off valve and accompanying valve box? $350. And if the homeowner doesn't pay, not only will their service be cut off, but the fees will start to accumulate if they don't have the money to pay.

"Now, I'm in bankruptcy because I refuse to pay for that box, his mailing fee, and his service fee and his attorney fee and his certified mail fees," she said. "So I didn’t pay for that valve to be put in and that started my downfall with this sewer ... we got hit hard in Owen Park with fees. We pay $121 a month for sewer. We aren’t judged on usage, we all pay the same amount. That's not right."

Sponsored by State Rep. Rich Wingo, R-Tuscaloosa, HB148 aims to bring the matter to a countywide vote after receiving unanimous support in the Alabama House of Representatives.

When addressing the committee, Wingo spoke to how the private sewer system's rate practices have stifled development and growth for Lake View over the years — at notion that was backed up by Lake View Mayor Adrain Dudley when he provided an example of one small business being charged $3,000 just for sewer service.

"The owner of this private sewer system was charged $4.7 million this past year for felony charges that a court of his peers found him guilty of," Wingo pointed out to the committee. "The unfortunate thing is this gentleman is still the operator of this private sewer system that has some of the highest fees, if not the highest fees for sewer only, in the state of Alabama. There is no oversight. We have oversight for the affluent flow of sewage by [The Alabama Department of Environmental Management], but there is no oversight for a private sewer system in the state of Alabama that controls fees and rates."

Wingo then said the PSC would provide unbiased oversight that will ultimately protect Tannehill Sewer and the city as much as it will the consumer. What's more, he also expressed his hope that the state would approve sweeping legislation to put all private sewer system rates under the regulatory oversight of the PSC.

"I think this will bring a fair price, a fair rate for a fair service, that's what we're looking for," he said. "If the private sewer system is using our public right-of-ways, we should be able to have some oversight on rates. I do believe, not to confuse you, that I hope one day we do have this law that would cover all private sewer systems to protect the people of Alabama. We have ADEM to oversee the construction and the physical plant, but we have no one overseeing rates and fees of private sewer systems."

Dudley was in high spirits following the bill moving through the committee, telling Patch in a phone interview that the deliberations were short because the committee members heard all they needed to hear to support the measure.

"We're going to try to find out when it goes to the Senate floor and I want to work with some senators in the meantime," the mayor said. "Senators after the meeting today got on board with us. With what happened today, we gained a lot more support from other senators willing to go to their colleagues and get them to vote for it."

Dudley also mentioned another facet of reform to the way the city does business with Tannehill Sewer that includes changes to the Lake View Governmental Utility Services Corporation (GUSC). The quasi-governmental board, at present, has little to no real regulatory powers over the private sewer system, which is something Dudley and other city leaders hope to change.

In doing so, the Lake View City Council will vote at its next meeting to install new members for the GUSC, which will have three voting members and at least four non-voting members from other communities served by Tannehill Sewer. The company currently services seven different communities, including the Tannehill Preserve — a sprawling residential development in Lake View where the city's municipal complex is located.

The GUSC board is completely vacant at present, which Dudley views as a chance for a fresh start for the city. He also said four individuals had applied from the other communities to serve as non-voting members.

But, above all, Wednesday represented a banner day for the city residents in their fight, as the mayor underscored the in-person support shown.

"I think it's phenomenal we got it through committee and I think it's even more phenomenal we had 17 people from Lake View who came and were in the room to sit down and talk to them," Dudley said. "Now, we're just waiting to see when it goes to the Senate floor and follow up with that."

The Lake View City Council will have its next regular meeting on Thursday, March 24 at 6 p.m. at the Lake View Municipal Complex.

The Alabama Senate is set to reconvene on Thursday at 9:30 a.m.

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