Florida Keys Aqueduct Authority and Monroe County Intend to Contest

Frivolous Lawsuit Regarding Grinder Pumps at Cudjoe Regional Sewer System

KEY WEST – Florida Keys Aqueduct Authority and Monroe County have been provided with a copy of a complaint that supposedly was filed yesterday regarding grinder pumps that are part of the Cudjoe Regional wastewater system.  The Aqueduct Authority and the County have not been served yet, but our initial review shows that the lawsuit has no merit.  We intend to vigorously contest the lawsuit, and reserve the right to ask for sanctions.

This lawsuit is a last-minute attempt by a small group of people to delay the completion of the Cudjoe regional sewer system, based on their objection to an efficient and cost-effective design.  The design, which was finalized in 2009 and reviewed in dozens of public meetings, includes the use of a low pressure force main system of grinder pumps to enable the expansion of the original system to cover virtually all properties in the region.

Without the use of low pressure grinder pumps, hundreds of residences would not be included in the central system and would be forced to install stand-alone systems, at a cost of tens of thousands of dollars per household.  The wastewater treatment afforded by these stand-alone systems also would be inferior to the treatment in a central system.

The litigation’s stated purpose is to compensate the property owners for putting a grinder pump on their property.  This is a continuation of the theme in earlier permit challenges: government should provide the design that some homeowners want, no matter how high the costs to the rest of the taxpayers. The County’s user fee collection of $4,500 per residential unit accounts for only 20 percent of the total cost of the system.  The remaining cost of the system is funded from sales taxes and state grants.

The FKAA/County project was undertaken for the dual purposes of environmental responsibility and compliance with state law, which imposes development sanctions on County residents for failure to comply.  This is just the latest attempt to slow down the removal of septic tanks and cesspits in order to benefit a limited number of property owners, at the expense of the environment.

This most recent challenge is frivolous and will be vigorously opposed by FKAA and the County, including a request for award of reimbursement for legal expenses incurred in defending the lawsuit.

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