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Residents Sue Over Wastewater Ponds

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By CHRISTIAN M. WADE

The Tampa Tribune

Published: July 31, 2008

PORT RICHEY - Homeowners in the Jasmine Lakes subdivision have filed a class-action lawsuit against one of the state's largest utilities, claiming that percolation ponds for the company's wastewater treatment plant are polluting their neighborhood.

The lawsuit, filed on behalf of 17 people in Pasco-Pinellas Circuit Court, alleges that wastewater from Aqua Florida's percolation ponds, used to treat raw sewage from the west Pasco County community, has been infiltrating nearby houses and properties.

Their attorney, Maria D. Tejedor of Orlando, is requesting a jury trial and unspecified compensation for the property damages.

"The defendants negligently constructed, maintained and operated said ponds so as to allow repeated and continuous drainage and infiltration of its contaminated, dangerous and non-natural materials and water onto the plaintiffs' land," Tejedor alleges in the lawsuit.

Aqua Florida representatives declined to comment, citing the pending litigation.

The Florida Department of Environmental Protection has been investigating problems with the utility's Jasmine Lakes wastewater treatment system for the past year.

DEP officials cited higher-than-normal levels of chloride and sodium in the groundwater near one of the ponds, indicating that the percolation system wasn't operating properly.

The state regulatory body is currently negotiating a settlement with the utility. A draft of the agreement recommends a $41,160 fine against the utility and a requirement that it submit a plan for resolving the violations and more frequent testing of the groundwater.

"They are addressing these violations," said Pamala Vazquez, a DEP spokeswoman.

Aqua Florida, one of several regional utilities in the local market, took over water and wastewater service in the subdivision from Mad Hatter Utility several years ago.

Like most of west Pasco's small private utilities, the water system had been neglected for years, company executives have said, and was desperately in need of upgrades.

Company executives have said they have spent more than $675,000 on upgrades in Jasmine Lakes and the Palm Terrace and Zephyr Shores subdivisions.

While the lawsuit plays out, customers will be paying for the upgrades in the form of higher monthly water and wastewater bills.

On Tuesday, the Florida Public Service Commission approved an interim rate increase for Aqua, allowing it to recoup more than $5 million in improvements statewide.

The rates will remain in place until the PSC votes on a final increase early next year. If Aqua's request is denied, customers will be refunded what they paid in interim rates.

In Jasmine Lakes, where Aqua serves about 1,500 households, the rates for customers who use an average of 5,000 gallons a month will rise from $25.19 to $40.92 for water and $25.77 to $88.91 for wastewater, according to figures provided by state regulators.

One year ago, Aqua withdrew a rate increase request amid complaints from customers and the state Attorney General's Office over poor service and water quality issues.

The utility, which hasn't seen an increase since 1995, is one of several water providers in Pasco seeking to boost rates to offset the cost of improving distribution systems.

About three years ago, Aqua America, the nation's largest publicly traded utility, entered the Florida market, acquiring more than 60 water and wastewater systems from Water Services Corp. Based in Bryn Mawr, Pa., Aqua now serves 18 counties across Florida.

Statewide, the utility has invested more than $30 million to improve its water systems.

Reporter Christian M. Wade can be reached at (727) 815-1082 or cwade@tampatrib.com.

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