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ine Kina oi questions tnat must be answered in the coming weeks— wrho will be allowed to hook on to the system, who will be forced to hook on and what will done with the contractor’s bill—are decisions “that invite litigation,” noted Mr. Dennis.
“We’re working against the clock. This project is supposed to be completed by July 24th,” said Mr. Johnson. “People have been coming to me with problems all week. We’re going to have to make decisions that some of them are not going to agree with,” he said, adding that the Authority members would rest easier with agreement from the supervisors to pay defense costs arising from any litigation.
The three supervisors present at Thursday’s session—Mr. Miller, Mr. Gilkey and Charles Estes—voted unanimously to give that assurance, with the stipulation that the WSA’s defense in any suit be handled jointly by the Authority’s attorney, Douglas Baumgardner, and Commonwealth’s Attorney Peter Luke, legal advisor to the board.
Earlier in the meeting, the WSA approved a hook-up requested by John Eubank for a three-bedroom residence not shown on the approved plan for the sewer system. In addition, the Authority adopted an interim hook-up policy that will require Mr. Eubank and other Sperryville landowners who request inclusion in the system to pay user fees from the time that an individual septic tank and lines are installed and inspected.
The Authority set no time limit on when Mr. Eubank must have his residence completed. “If the installation is in the ground, and he’s paying a user fee, it’s not our business to tell him how fast he has to build his house,” maintained WSA chairman Martin Woodard. Regulations preclude the Authority from reserving capacity in the sewage treatment system, he noted. “But Mr. Eubank is not reserving capacity. He’s paying for it,” said Mr. Woodard, reiterating the WSA’s policy on structures not included in the list of users for the collection and treatment system. “The only way we can do it is on a first-come, first-serve basis, and he’s first.”
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