Pembroke appealing court decision on waste revenues
PEMBROKE — The town’s sewer commission could be headed to court once again in an argument over excess revenue collected at the Allenstown wastewater treatment facility.
Pembroke Sewer Commission officials argued in a court case late last year that excess funds belong to both of the towns, and that Allenstown officials were improperly using them to subsidize their own collection system instead of using them to benefit both municipalities.
Waste from Pembroke is brought to the Allenstown facility to be processed and disposed of, a practice that began in the 1970s when the facility was built.
However, Allenstown Sewer Commission officials argued that the money remaining after processing the sewage is allowed to be used however they see fit to maintain the facility, based on the intermunicipal agreement between the two towns.
The excess revenues have been used for projects in Allenstown related to the sewer facility, such as paying for half of a roughly $1.5 million upgrade in 2009.
The other half of the project was paid for with money given to the town from the American Recovery and Reinvestment Act.
This upgrade, as a result, increased the facility’s treatment capacity, bringing in more revenue for the facility.
The court ruled in favor of Allenstown, saying that Pembroke is not involved in the planning or funding for the upgrades to the wastewater treatment facility, and thus is not entitled to any of the excess funds.
The ruling came out last month in favor of Allenstown. Pembroke officials’ appeal calls into question parts of the intermunicipal agreement, which the court said allows Allenstown to use the money as Allenstown sees fit.
Allenstown’s Town Administrator Shaun Mulholland said the town plans to oppose.