An attorney for the Windstone subdivision said the city of Chattanooga has no right to discontinue handling sewage effluent from the upscale East Brainerd neighborhood.
Philip Whittaker Jr. said, despite statements made by Public Works Director Steve Leach to the City Council on Tuesday, he said under an existing contract "the city has no right to terminate sewer services at Windstone."
Mr. Leach said the city continues to have odor problems with Windstone effluent from a system operated by the Rainbro firm and it might discontinue treating the sewage at the Moccasin Bend Treatment Plant.
Attorney Whittaker represents the Windstone Residential Association, Inc., which is the homeowners association for the Windstone development. He noted there are 586 dwelling units in Windstone, and it is home to approximately 2,100 people.
He said, "The sewer system serving Windstone, the Windstone golf course, and the Baptist church located near the entrance of Windstone is owned and operated by Rainbro, Inc. Rainbro and the city of Chattanooga entered into a contract almost 10 years ago that allows Rainbro to discharge sewage from the Windstone system into the city's interceptor system.
"Although that contract expires on Dec. 31, 2010, Rainbro has a unilateral right to extend that contract until Dec. 31, 2020, unless there has been a 'material change of circumstances which would make such an extension inequitable to the city.' If there has been no such material change of circumstances, then Rainbro has an absolute right to extend the contract for another 10 years without modification.
"If there has been a material change, then Rainbro still has a unilateral right to extend the contract for another 10 years, subject only to modifications that are equitably required based on the circumstances.
"We understand that Rainbro has already notified the city that it exercises its right to extend its contract with the city for an additional 10 years, up to and including Dec. 31, 2020."