An attorney for the City of Memphis argued in federal court Monday that a DeSoto County sewer district has had plenty of time to prepare for redirecting its wastewater away from the larger city.

Bruce McMullen offered in opening arguments that the Horn Lake Creek Basin Interceptor Sewer District needs less time than it’s requesting to disconnect. And, he said, Memphis also is entitled to more money than the Horn Lake district wants to pay for the treatment of the water before it’s discharged into the Mississippi River.

“We’re going to ask for a reasonable rate for Memphis, a reasonable period of time to get off the system and a definitive date so the City of Memphis can make plans and go on,” McMullen said.

Stinky business: Memphis, suburbs push sewer capacity

The non-jury trial in the U.S. District Court for the Western District of Tennessee comes more than a week after U.S. Dist. Judge Mark Norris ruled in Memphis’ favor. The agreement between Memphis and the Horn Lake Creek Basin Interceptor Sewer District expires Sept. 22, 2023, Norris said in the summary judgment.

That’s decided, but the fight is still on. The trial is the culmination of a five-year legal battle between the City of Memphis and the DeSoto County district.

The judge has blocked out his calendar through Wednesday for the trial with arguments to continue April 20. Whatever the outcome, officials expect higher sewer costs eventually for the approximately 75,000 customers of the district.

Two primary issues are contested. The first is the length of time the district should be given to disconnect from the Memphis system.

The North Mississippi district wants 10 years to raise funds, design its new infrastructure and construct all the moving parts. Memphis wants to limit the time to a maximum of six to seven years.

Court case will determine DeSoto wastewater outcome

The second contested issue is how much money the city can charge the district during that period for continued sewage treatment.

Memphis officials first notified the Horn Lake Creek sewer district officials in March 2018 that it would not continue treating the DeSoto wastewater after the Sept. 22, 2023 expiration of their agreement.

DeSoto officials tried to hammer out a new arrangement, thinking their financial contribution to the infrastructure at the Maxson treatment plant entitled a continued relationship. The Maxson plant is in the southern part of Memphis.

Abram Orlansky, who is representing the Mississippi party, offered a letter into evidence that he said indicated Memphis was willing to extend the relationship and treat the DeSoto waste material, thus explaining a delay in making alternative plans. Whether the extension was intended is disputed, but the back-and-forth certainly did not change the base positions of the parties involved.

Representatives for the Horn Lake Creek Basin Interceptor Sewer District want a tiered deadline approach to finding $230 million to build lines that would collect wastewater and pump it against gravity to facilities in DeSoto.

DeSoto County to receive substantial funding boost for wastewater treatment

One reason Memphis was getting the waste was because it is downhill from DeSoto and thus the waste could more affordably be sent for Memphis treatment.

McMullen presented several documents to his first witness, Scott Morgan, an engineer who works for the City of Memphis, including a letter of response from the district. He asked if the timeline the district offered early in negotiations was sufficient.

“It is not as detailed (as) what the city would have anticipated,” Morgan said.

McMullen also called Brad Davis, a wastewater industry expert who works for an engineering firm. He testified that he believed if the district started its project with a reasonable sense of urgency, the project should be completed within six to seven years.

Keith Turner, another attorney for the district, tried to poke holes in Davis’ testimony, peppering him with a series of questions. One question was whether he had personal experience in recent years with the permitting process (and potential hangups) for a project like the district would undertake.

“Would it surprise you that it takes two to three years, if there’s a permit challenge, (for that) to work its way through the system?” Turner asked.

“Well, yes,” Davis said.