MIDWAY — The sewer district board servicing Heber Valley withdrew its application to create legally protected areas around its wastewater lagoons Wednesday after an uproar by residents.

The industrial and agricultural protection zones the Heber Valley Special Service District applied for would have prevented residents from bringing any litigation arising from the odors of the wastewater lagoons and nearby farmland.

According to state code, "the use and enjoyment" of the property owned by residents within the area would be "expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal industrial uses and activities," giving industrial activities "the highest priority use status."

Attorney Malin Moench told KSL.com that the protected area would tie the hands of the residents and the county if approved, preventing any legislative body from passing new regulations restricting the protected industrial use.

Board members gave the go-ahead to their legal counsel in March to prepare the applications. Residents around the treatment ponds — over 40 acres of ponds filled with treated sewage — had grown increasingly concerned that the escalating odors coming from the open ponds were making them sick.

These concerns prompted a community health assessment from the Utah Department of Health and Human Services, the first of its kind for the department, and neighbors were also discussing bringing a class action lawsuit against the sewer district for mismanagement.

The protection areas would not enforce issues related to public health and safety, but as the health studies are ongoing, there has not been a proven detriment to public health, despite unconfirmed community complaints of flu-like symptoms, bacterial infections, along with significant impacts on mental health, quality of life and ability to sleep.

"The optics are not great," said Midway Mayor Celeste Johnson, at an informal town hall Monday night at the Midway Community Center. "We had a huge issue, we've been working on fixing it, but it really, really sounds like we're doing this so we don't have to fix it. That's just not true."

At the district board meeting in March, members expressed a strong desire to get the Industrial Protection Area in place before working on major improvements to the lagoons, so they would be protected from lawsuits when the stench worsened.

Related:

Midway residents say sewage pond stink is making them sick, prompting state health study

Wastewater lagoons near Midway have been worse in recent years, residents say, prompting a first-of-its-kind health department study as the district works to protect itself from litigation.

At the heated town hall meeting, which drew a crowd of around 75, residents buffeted Johnson with concerns about the protection zones.

"It seems like the financial part of this is the main driver, not the health and safety and well-being of us as citizens," said one resident. As this was an informal meeting, participants were not asked to give their names.

"Some of us have been at this process for almost two years. It doesn't matter how many meetings we show up to, how many comments we make, how many concerns we email, how many frustrations we voice, it just keeps marching forward with what the district wants to do," another woman said.

Other residents were concerned that an industrial protection area would impact the value of their homes. "I own a very expensive home. So do all of us," a woman said. "What are you going to do for my property value when I go to sell it and can't get what it's worth because you put an (industrial protection area) on it?"

"I don't see why the protection is needed because it seems like if the odor problem is solved, it would be a non-issue for us," said another attendee.

Johnson argued that "the bottom line is, whatever money we spend on lawsuits we can't spend on the sewer plant." She said the area would "make sure that people who buy a home in this area, or build a home in this area, know what they're getting" because they would have to agree to the terms of the protection agreement.

During the meeting, the mayor agreed to oppose the application and followed through on her promise.

Wednesday, Johnson announced on Facebook that the sewer district board held an emergency meeting and "unanimously decided that there were enough concerns expressed that we have withdrawn our application for an industrial protection zone at this time."

An update on the sewer board's website Thursday confirmed the announcement, adding that the agricultural protection area application for farmland, which is sprayed with treated refuse, has also been pulled.

The new district manager, Jim Goodley, is overseeing a number of improvements to mitigate the odor problem. The district is preparing bids to dredge the lagoons of long-accumulated solid waste, using chemical neutralizers, and repairing and replacing old equipment in the mechanical plant and lagoons.

At the town hall meeting, Johnson told residents, "I want to make it really, really, really clear that the sewer plant and the board are committed to making sure we get the plant cleaned up, the odors are mitigated, and it doesn't continue."

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