Idaho cities clash over wastewater treatment plant compliance and costs

A legal dispute between the cities of Victor and Driggs, Idaho, centers on wastewater treatment responsibilities, permit compliance and costs associated with operating the Driggs wastewater treatment plant.

In a complaint filed in Idaho district court, Victor alleges that Driggs failed to properly operate and upgrade its wastewater treatment facility, resulting in ongoing violations of its National Pollutant Discharge Elimination System (NPDES) permit and continued pollution of Woods Creek and downstream waterways.

According to the filing, the two cities entered into an inter-city agreement in 2011 under which Driggs agreed to accept and treat wastewater from Victor using its treatment plant. In exchange, Victor agreed to pay a proportional share of debt service and operations and maintenance costs associated with the facility.

Victor alleges that the upgraded treatment plant was never capable of consistently meeting regulatory standards and that Driggs continued to discharge effluent exceeding permit limits, including ammonia limits. The complaint cites thousands of alleged permit violations over the past decade and ongoing compliance issues tied to consent agreements with federal regulators.

The lawsuit also claims Driggs failed to maintain adequate records, overbilled Victor for debt service and operations costs, and did not disclose key regulatory compliance issues in a timely manner. Victor is seeking damages, reimbursement of payments and other relief to be determined at trial.

The case highlights the financial and operational challenges associated with shared wastewater infrastructure and regulatory compliance in small and mid-sized communities.