Building booms in two of Pima County's fastest-growing communities could be headed for the toilet, at least temporarily.
State environmental regulators told the county this week not to allow any new sewer construction or sewer connections in Sahuarita because rapid growth has push- ed the town's sewer plant to capacity.
While Sahuarita finds itself burdened by more sewage than it can handle, Marana officials are hoping to snag some additional sewage — and the effluent it generates — to provide the water needed for future growth.
Marana has been trying to buy the county's soon-to-be-expanded Marana Wastewater Treatment Facility to get control of its effluent. But the county is not interested in selling.
Now Marana officials may use a clause in the town's 1979 sewer agreement with the county to try to seize control of the plant, whether the county wants to give it up or not.
People are also reading…
"That's one of the possibilities, one of several we're exploring," said Town Manager Mike Reuwsaat. "The state of the law is that he who owns the plant owns the effluent."
County officials said they weren't prepared to comment on Marana's plans.
Sahuarita, which runs its own treatment facility, is working on an interim expansion that could be complete by December and plans a much larger expansion for 2009.
But that won't be fast enough to keep up with growth. Last month, the town approached Pima County about hauling raw sewage to the county's Green Valley facility for treatment to avoid going over capacity.
If the town surpasses the 495,000 gallons a day allowed in its state permit, it could face fines.
While Pima County agreed to help, county supervisors said Sahuarita needs to stop building until its infrastructure catches up with demand. But Sahuarita balked at a moratorium. So far, no deal has been worked out.
Now state regulators have weighed in. In a letter sent Tuesday, the state Department of Environmental Quality instructed Pima County not to authorize any new construction of sewer lines or any new sewer connections in Sahuarita.
Pima County has that authority within Sahuarita town limits because the state delegates its regulatory authority to the county.
Even with the new restrictions, Sahuarita officials said they don't anticipate an abrupt end to building.
"We're still analyzing the impact," Assistant Town Manager Larry Dobrosky said. "There's quite a bit of inventory that has approval already."
Generally, developers get approval for construction and put in sewer lines. They then sell lots to builders, who put in homes and apply for a connection. That process can take years.
"In the short term, I don't think there will be a halt," Dobrosky said. "We are working very diligently to make sure that doesn't happen."
Dobrosky said the town doesn't want to let down builders and home buyers who rely on the town to provide sewer service. Also, the town relies on a construction sales tax to cover much of its budget.
Director Ursula Kramer of the Pima County Department of Environmental Quality said the county will be working closely with the state and the town.
"We're not going to approve anything for Sahuarita until we see documentation from the state," she said.
Marana officials aren't worried about short-term sewer capacity. They're worried about long-term water supply. Sewage could play a big part in resolving those worries.
Marana currently relies on the Central Arizona Groundwater Replenishment District to provide its state-mandated 100-year assured water supply.
The district is supposed to find renewable sources of water to make up for groundwater pumping by thousands of homes. But the district hasn't identified where it will get the water or at what cost.
Town Manager Reuwsaat said Marana's goal is to have enough renewable water supplies to have a 100-year assured supply without using the district because if the district fails to secure enough water, Marana could be forced to slow growth.
To support an eventual population of 185,000 people and be self-sufficient when it comes to water, the town estimates it needs 35,000 acre-feet of renewable supplies. It now has just a 1,528-acre-foot CAP allocation.
A lot more effluent from an expanded treatment plant figures big in town plans to make up the difference, along with additional purchases of Central Arizona Project Water.
The expansion, taking the plant from 700,000 gallons a day to 2 million gallons a day will cost $21 million, with almost half coming from voter-approved county bonds and the rest from connection fees.
But there is a tug of war over control of that effluent involving Marana, Tucson Water and Pima County, which wants it to rehabilitate riparian areas.
"What we would like to see is our water in, our water out," Reuwsaat said. So Marana officials are rereading a 1979 agreement that called for the county to provide sewer service to the then-newly incorporated town.
The agreement allows either party to terminate with six months notice. And upon termination, "the remainder of the sewer system within the corporate limits of Town that is not a flow-through system shall become the property of Town."
Flow-through refers to sewage from other areas that moves through the pipes in Marana. But all the sewage heading for the Marana treatment plant is from the town and its water utility.
Town Attorney Frank Cassidy said the lack of flow-through at the plant favors an interpretation that would include the plant in the sewer system, even though it's outside town limits.
However, the town also is considering annexing the plant to place it within town limits, then severing the agreement.
"I think we have a pretty good chance of controlling the plant, and it's clearly necessary for the operation of conveyance system," Cassidy said.
State law allows cities and towns to annex county property unless it's a park. Cassidy said county officials have threatened to designate the sewage treatment plant a park to block annexation, but he doesn't think such a designation would stand up in court.
However, there is precedent for such a designation. The county is planning to build a dual-use park and treatment plant at its Roger Road site.
Reuwsaat said Marana would reimburse the county if it took over the treatment plant. And if the town failed in court, it could build its own treatment plan, though that option would be more expensive.
