The Gulf Shores Planning Commission held a meeting this week that was well attended as they deliberated over a Conditional Use Plan (CUP) put forward by the local sewer company. Despite the company's representatives presenting their case, the Commission decided against the proposed expansion of the facility.

The companies involved, South Alabama Utility Service, Inc. and Baldwin County Sewer Service, LLC. (BCSS), were seeking to extend their services at the Fort Morgan Wastewater Treatment Plant, located on Highway 180 near the Lagoon Mobile Home subdivision. The proposal was presented by Lee Jones, the Planning & Community Development director, along with his team's recommendation. It was noted that the facility currently services properties on Fort Morgan Road, as well as, property in Gulf Shores north of County Road 4.

The facility is located in an R-1-4 zoning district, a designation that came about when the property was annexed into the Gulf Shores city limits in 2011. The company, which was established 30 years ago in unincorporated Baldwin County, did not apply for certain permits at the time of annexation, claiming they were unaware of their inclusion in the annexation.

In 2022, BCSS was issued a cease and desist notice by the city for constructing a new sludge pond with a capacity exceeding one million gallons without the necessary permits. The company halted the use of the pond following the notice and is now seeking a conditional use permit to expand their operations to meet growing demand.

However, the proposal has been met with opposition from city officials and residents who believe it does not meet the standards of the zoning ordinance. Laurie Eberly, of the Little Lagoon Preservation Society, voiced her concerns at the Planning Commission meeting, stating that the expansion plan contradicts the sustainability goals of the City of Gulf Shores and the Alabama Coastal Area Management Program.

Eberly cited a 2018 incident where a sanitary sewer overflow leaked 75,000 gallons into Bear Creek. The sewer company was able to divert the sewage to other plants, demonstrating that alternatives exist. The proposed expansion raises concerns about the sludge pond, the need for buffers between the plant, residential areas and businesses, and the company's relationship with the Alabama Department of Environmental Management (ADEM).

The operators of the Fort Morgan Wastewater Treatment Plant disagreed with the Commission staff's views, arguing that the CUP approval would allow for efficient operation and maintenance of the plant as an Essential Services Facility. They also pointed out that most of the waste comes from unincorporated areas of Baldwin County, such as Foley and Magnolia Springs, which are experiencing population growth and consequently, increased waste production.

The company also contested the Zoning Administrator's classification of the wastewater treatment plant as a non-conforming use, arguing that it is an Essential Services Facility and should not be treated as such. They believe that if the city had zoned the property based on its current use at the time of annexation, it would not be in non-conforming status.

The company's application to ADEM was denied last year, but the sewer company claimed this was because the agency requested additional information. David Connor, the attorney for the applicant, stated that a permit modification is currently in progress. He also expressed his frustration with the misrepresentation and false information that has been spread about the company during the permit application process.

The zoning staff recommended to the Commission to either deny the CUP or approve it with conditions, including a revised site plan limiting the facility's capacity, removal of the sludge pond, provision of landscape buffers, and other property improvements. They also required documentation from ADEM and EPA.

The Planning Commission, however, recommended that the council deny the application and require the company to remove the sludge pond, a decision that was met with applause from the audience. During the meeting there was no discussion as to how future waster could be treated if the expansion is not allowed.