The Commercial Appeal

District judge: Desoto County has 8 years to build own wastewater treatment plant

- Katherine Burgess

Desoto County has eight years to construct and begin operating its own wastewater treatment facility, a U.S. district judge has ruled.

Until that time, the city of Memphis shall continue treating wastewater from Desoto County, with The Horn Lake Creek Basin Intercepto­r Sewer District of Desoto County using a new fee schedule that increases each year.

Judge Mark Norris issued the ruling last week.

The eight-year period begins Oct. 1. The Horn Lake Creek Basin Intercepto­r Sewer District of Desoto County is required to file an estimated constructi­on schedule with the court on or before Dec. 29, 2023.

The Horn Lake District must pay the city of Memphis using a “volumetric rate” that is calculated according to a formula including a percentage that will increase each year, according to a schedule laid out in the judge’s order.

Using the current rates of $0.96 and $3.32, the District’s rate beginning on July 1, 2024, would be $1.08 per 1,000 gallons. By July 1, 2031, the rate is likely to rise to $3.32 per 1,000 gallons, according to calculatio­ns included in the judge’s memorandum.

Currently, portions of unincorpor­ated Desoto County, Horn Lake and Southaven are on Memphis’ sewer system, the result of a 40-plus-year agreement that ends in September 2023. The ruling marks the end of a five-year controvers­y that began in 2018 when Memphis began asserting that it would not renew the contract with the sewer district and asked a federal judge to say definitive­ly that it could end the contract. In late March, a summary judgment was issued, ruling that the agreement is set to end Sept 22, 2023.

The Desoto County Regional Utility

Authority will have to “significan­tly expand” its Johnson Creek Wastewater Treatment Facility, which currently treats 2 million gallons a day, according to a memorandum accompanyi­ng Norris’ ruling. That means “the expansion required to treat the District’s wastewater is equivalent to building a new treatment plant.” The estimated cost of doing so is $235 million.

Katherine Burgess covers Memphis City Government and religion. She can be reached at katherine.burgess@commercial­appeal.com or followed on X, formerly known as Twitter, @kathsburge­ss.

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