A complaint from a developer against Ocoee Utility District remained open after the Tennessee Board of Utility Regulation on Oct. 21 declined to take immediate enforcement action and asked staff to work with the utility and the Tennessee Department of Environment and Conservation (TDEC) to identify an implementable solution.

David May, the developer, said a drip irrigation (sewer/drainfield) system originally promised to serve 156 units was misrepresented: the system in place is a 21,000‑gallon rural drip field sized for a smaller number of units, and the developer says the utility and prior management promised capacity and site provisions that were not delivered. May said the development has been built out with roads and lots and that months of delay and uncertainty have produced substantial carrying costs; he requested a specific remedy involving land acquisition and system expansion.

Ocoee’s new acting manager and board members described work in progress with TDEC to modify or approve an SOP that would allow additional connections and said prior management made promises the district could not fulfill. Board staff said the board cannot order a utility to buy land as the developer requested, but could order the utility to provide capacity or a feasible plan to remedy the situation; staff recommended continued engagement rather than immediate sanction. The board voted to keep the complaint open and to request quarterly updates while staff, TDEC and Ocoee pursue a technical fix.

The board noted its authority is limited: while it can require a utility to provide service where appropriate, it cannot compel purchase of private property. Staff told the board Ocoee is working with TDEC on an SOP for drip fields that the staff believes may resolve the issue but asked for additional time to confirm.

The board did not order reimbursement of the developer’s carrying costs; staff encouraged the parties to continue negotiations and said the board would revisit the case in December if progress was insufficient.

Board action: complaint kept open; staff to coordinate with TDEC and Ocoee and report back in December.