Apartment Property Deemed Unsuitable For New Septic System (published 12/1/2007)

A Tennessee Department of Environment and Conservation spokesman indicated last week that a soil scientist has found that the property at 281 Highway 99 that Eagleville Councilman M.A. Smitty is developing for apartments will not support a new septic system.

"The department’s inspector visited Mr. Smitty’s property last Wednesday," Tammy Heise, a public information officer with TDEC, said Friday. "During that visit, they discussed the soil scientist’s finding that the property is not suitable for the installation of a new septic system."

Heise said the possibility of Smitty being able to connect the proposed project to his existing septic system is being examined.

"Another department employee will visit the site next week to conduct dye testing on the existing system to check its soundness," Heise said. "These findings will be used to determine if it is appropriate to allow Mr. Smitty to connect to that system."

The ongoing discussions stem from a TDEC notice of violation that the department issued to Smitty on Sep. 21 because he did not obtain a septic tank permit before beginning construction

The first-term city councilman is remodeling a structure that sits on the east side of his home, which is located on a ¾ acre lot next to Cheatham Branch. He has acquired eight new addresses and has said he might have up to eight apartments if the state will allow it.

"But that is in the future," Smitty said in an earlier interview. "I am just doing this project as I can afford it."

The city issued Smitty a building permit in July to remodel "2,806 sq. ft.," apparently without requiring information about what type of septic system would be used. The city had rezoned his property from medium density residential (R-2) to high density residential (R-3) to allow multi-family housing about six months before issuing the building permit.

Heise said earlier that TDEC has no permit on record for Smitty’s existing septic system, which is not unusual for an older home.

"Depending on the age of the home, it may be that no permit was required at the time it was installed," she said.

Smitty requested and TDEC issued a repair permit for his septic system in 2004, but Smitty never picked up the permit, according to TDEC officials.

That permit, which was issued July 6, 2004, said the repair was to replace a homemade tank with a 1,000 gallon, two-compartment septic tank. The system was to have 370 feet of field line installed "in field across drain at 24-inch minimum/maximum depth on contour." The permit was for a three-bedroom home.

The permit was valid for three years from the date of issue, so the permit has expired.

The city of Eagleville does not have a public sewer system so residents and businesses must rely on some sort of septic system to take care of their wastewater discharges.

Smitty could not be reached for comment on Sunday.

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