TCRSD Files Suit Against Marina
CROMWELL — A marina, which formerly was connected to the Turkey Creek Regional Sewer District, has been named in a complaint to be ordered to connect back onto the sewer system and pay fees, penalties and damages. A hearing is set for 10 a.m. Friday, Feb. 23.
Counsel for Turkey Creek Regional Sewer District filed a complaint in Kosciusko Circuit Court at the end of January against Steven A. and Carol A. Reed, doing business as Reed’s Wawasee Dock, 11697 N. Treasure Island Road, Cromwell.
Court documents show the Reeds property is within the boundary of TCRSD and includes structures and buildings. The use of the real estate according to documents is for recreational use, employment and/or other purposes and a marina all of which produce sewage and/or similar waste by way of its customers who rent pier slips, employees and customers.
Documents also allege the property has “previously been connected to the district’s sanitary sewer system and the defendants have previously paid charges associated with connection to and usage of the district’s system.” It further states the present use of the property is the same, or similar in nature, as it was when the Reeds were previously connected to the system and utilizing its services and paying for the service.
The complaint indicates the Reeds have been given written notice Oct. 18, 2017, of the required connection within 90 days, but have failed and refused to connect to the sewer system.
Indiana Code 12-26-5-2(8) along with the district’s use ordinance, states the district is authorized to require a connection to its sewer system of any property producing sewage or similar waste. The district’s ordinance allows for penalties, fines, fees and other provisions for damages resulting in violations.