The City of Custer is moving forward with plans to dump its wastewater into French Creek.
That’s despite county voters having recently declared the discharge a nuisance.
County voters declared dumping of wastewater into French Creek a nuisance by nearly 200 votes—801 to 609.
The city of Custer is proposing upgrading its municipal wastewater treatment system. That upgrade includes shifting where it dumps its current wastewater. The plan is to discharge into French Creek, which is closer and cheaper.
French Creek runs through the municipality of Custer while also meandering through the state park.
County residents have spoken, said Stephan Beardsley, a lawyer with the group backing the nuisance declaration.
“The county commission asked them to go get the petitions. They did that. The county then agreed that they did it appropriately. The county agreed that the election results were appropriate and then certified them,” Beardsley said. “Now, it is up to the county to enforce what has been passed, at least in our opinion.”
Beardsley said the county should prohibit the city from polluting French creek.
But the county’s top lawyer believes that falls out of the county’s ability to enforce.
Tracey Kelley, Custer County States Attorney, said state law prevents the county from declaring the discharge a nuisance.
“I don’t believe it falls within the county’s jurisdiction. I don’t think it’s the appropriate place for that. Of course, I’m going to challenge that and ask the court to review that to determine whether or not it is an unlawful ordinance. I’m willing to let it sit on the books and take the chance that I’m not willing to enforce it if something comes out.”
The City of Custer’s wastewater project is expected to get completed sometime in 2025. Until then, Kelley says there’s nothing to enforce.
