The Controversial Devola Sewer System Project Moves Forward

MARIETTA, OH — Many residents of Devola are irate about an expensive sewer project that’s currently in the works. Most don’t think they need it, and there isn’t much argument there. Kevin Ritter, President of the Washington County Commissioners agrees with Devolans but says they have to move forward with the project.

Ritter wanted to sit down and explain the events that have unfolded over the past decade that led us to where we are, talking about a roughly $15,000,000 sewer project. A project many think is completely unnecessary. Ritter has been a Washington County Commissioner for two years. He actually ran on a platform sympathetic to the residents of Devola and is on their side but says the county’s hands are tied on this one. None of the commissioners who were involved in getting this ball rolling are still in office, and the commissioners in office now cannot undo what’s been done.

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How this whole thing began

By Ritter’s recollection, the entire issue began back in 2010 when the health commissioner suspected high nitrate levels in the soil. “There was some testing done by the EPA, and some of those tests revealed slightly higher than acceptable levels of nitrates.” He says the high nitrate levels were barely above the threshold.

The decision was made at that time to ask the health department to declare an emergency. “The health department said no, we’re going to do more testing. So they did their own testing and found no elevated levels.” The EPA was invited down to do more testing. “They found the levels had gone down or were below acceptable levels.” Ritter says that’s where this thing really starts. It's still in dispute as to whether nitrate levels were ever even high.

Commissioner James Booth pointed out that there’s no way of even knowing where the nitrates were coming from or if a sewer system would even help if levels were high. There is a lot of farmland out in Devola. Ritter says many people believe that the nitrates came from fertilizers for fields. “Or because it’s near a river. We have things coming downriver from places upriver.” There’s been some real dispute.

The then health director refused to declare an emergency. “He said based on this testing, this is not an emergency.” Ritter says as long as that health director was in office he stuck to his guns and refused to say it was a state of emergency.

Ritter said things got serious in 2011. “County Commissioner Cora Marshall and County Commissioner Steve Weber signed what are called finding and orders from the EPA. The EPA did a report that said you have elevated nitrate levels, you must sewer.” He said the county commissioners only had a couple of choices at that point. The options are to sign them, not sign them, or negotiate. They signed them.

Ritter says in these situations what typically happens is a negotiation. “At that time, the commissioners had several options. Instead of availing themselves of the negotiate, or the no option, they immediately signed the findings and orders.” Ritter says that’s always bothered him, and to date, he’s never heard any of them speak publicly about their motivation for this. “Only two of them signed it. The third gentleman wasn’t even present that day.”

According to Ritter, since the findings and orders were signed the residents of Devola took things into their own hands. “They said if we have this nitrate problem, and we have these elevated tests, we need to fix that.” So the local water association put in a $2,500,000 reverse osmosis water filtration system. Once that was in, more testing was done. The nitrate levels had dropped too low. “Apparently you need a certain amount of dirty water in the system to protect the pipes.” Ritter admits it sounds counterintuitive. “The water was so clean, the worry was the pipes would go bad.” Now he says the nitrate levels are way below the level of concern.

Ritter says the Devola residents thought at this point the problem was solved. “But again, you have the signed findings and orders, which are like a contract.”

The City of Marietta

Ritter said that in the background while all this was going on, the City of Marietta had invested money to upgrade their treatment facility. “Because they’re expecting to get the effluent, the sewage, from Devola.” Booth pointed out that the commissioners of the time signed an intergovernmental agreement to send Devola sewage to that plant. “Based upon that they said, okay we need to upgrade our plant.” So because of that agreement, work began on Marietta's plant.

In 2012 an election happens and two new commissioners are elected. “They come in and stop the process. They’re upset that an investment is made by the Putnam Water Association. It’s fixed the problem in terms of the science.” Their decision was to not put in an unnecessary sewer system. “They stopped the process, and that went on for 7 years.”

During the interim, because the City of Marietta had invested that money into their water treatment facility, sued the county. “They said because we’ve invested this money, because you said you were going to sewer, we want some sort of recompense.” The City of Marietta asked for $16,000,000 in damages.

Marietta Mayor Josh Schlicher says they made massive upgrades to be able to handle the flow of waste from Devola. “It was our intention to take the flow.” He says this is a huge undertaking, but at this point, Marietta’s side of this whole ordeal is almost complete. “We’re ready to take the flow that we were investing in several years ago.”

Ritter says that’s where we’ve been for the last 7-8 years, is dealing with that court case. “I ran because I agreed with this gentleman (an upset Devola resident), I don’t think Devola needs to be sewered.” He ran on that platform. “Vote for me. I’ll vote against the Devola sewer.” He wanted to fight the sewer.

But then something big happened. “Two weeks before I got sworn in the judge ruled. He said ‘no you have a signed contract, you have signed findings and orders.’” Ritter says the judge refused to even look at the science. He said the nitrate levels became irrelevant at that point, and the issue was the signed findings and orders.

Ritter says what we’re dealing with here is a double remedy. “The Putnam Water Association, remedy number one, fixed the nitrate problem by putting in the reverse osmosis system for $2,500,000. Remedy number two, now the residents of Devola are going to spend an additional $15,000,000 to fix a problem that doesn’t exist.” He says he’s extremely sympathetic to upset Devola residents. “But we’re bound by our oath to do what the court says.”

Commissioner Booth says what some residents of Devola are doing right now is trying to slow the process down. “If the county’s fined for not performing on the court order or the DFFO, we will be fined the county will be fined.” He says the cost of the fines will fall upon the residents of Washington County, and at this point, the idea is to minimize the damage. Ritter pointed out that the judge has threatened up to $12,000,000 in penalties if they fail to move forward. “We’re following the judge’s order. Have this done in two years, or that threat’s hanging out there.”

There is a lingering and complicated lawsuit filed by DASH (Devola Against Sewing Homes) in the Fourth District Court of Appeals, but Commissioner Booth says that it’s a long shot. “Actually it would be a big scramble. Because what DASH was asking was to become a party [in the lawsuit]. Not asking for a ruling on the project.” He says even if they win the court case, there’s nothing that changes anything at that point.

Ritter says he thinks there’s a 99% chance that Devola will be sewered. “I think it’s a Hail Mary at this point.” Booth seconded that motion.

Funding

The commissioners are now looking at how they can do this project in a cost-effective manner. Booth says since this is such a monumental and expensive issue, they’re looking for any funding. “It’s not just Devola residents, it’s anyone who’s on the county sewer.”

There is a court order that says they have to sewer Devola. “At this point, we have to save as much as we can for the residents of Devola.” There’s another problem for Devola, it isn’t low to moderate-income. “The five major areas where usually projects are funded out of, they aren’t eligible.” Booth says because the area is generally more well off, they’re having a hard time finding grant money to fund the project. “The total cost and burden is on the residents who are on the sewer.”

Another huge point of contention here is the tap fee. Once the county sewer is installed in Devola, each homeowner will have to pay between $10,000 and $12,000 to tap into the sewer system. “That’s why this is such a touchy subject.” Ritter says we’re looking at 563 tap fees that will need to be paid.

Booth says they’re working hard on finding funds. “Me and Commissioner Schilling have only been in office for three months, since then we’ve had talks with the governor’s office, we’ve had talks with our congressman. Anyone who might be able to provide some relief on this.” He says the coming months might tell what we have in store for us.

Ritter says the project will likely have to begin later this year. “In order to meet the time frame the judge has laid out we really have to break ground at the end of this year.”

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