JACKSON, Wyo. — For decades, a subtle threat to water quality has been spreading in Teton County.
Waterways, especially Fish Creek, have been degraded by pollution from septic systems. This form of pollution poses a threat to human health and the health of fragile aquatic ecosystems. A proposed commercial septic system for a “glamping” facility on a state land parcel along Teton Village Road, in the headwaters of Fish Creek, has become a battleground for clean water. Protect Our Water Jackson Hole (POWJH) is using advocacy and legal tools to try to disarm the threat of a significant new source of pollution to Fish Creek.
The Wyoming Department of Environmental Quality (DEQ) has already listed Fish Creek and Flat Creek as “impaired” for E. coli, a pathogen that is directly related to human wastewater pollution. The impairment designation reflects the fact that Fish Creek and Flat Creek exceed the permissible levels of E. coli in the streams. Further, DEQ is currently taking steps to list Fish Creek as impaired for nutrient pollution, which is associated with excessive levels of compounds such as nitrogen and phosphorus, which disrupts the natural balance of aquatic ecosystems.
This type of pollution causes problems such as algae blooms and harms populations of native plants, insects and animals that live in streams. DEQ has indicated that multiple lines of evidence show that Fish Creek is impaired for nutrient pollution. Septic systems significantly contribute to E. coli and nutrient pollution in Jackson Hole.
The proposed septic system in the headwaters of Fish Creek would service a “glamping” facility that includes 11 geodesic domes, two employee quarters and a visitor center. Each guest dome and each staff housing building comprises a toilet, shower and sink. The visitor center also includes toilets and sinks.
Kevin Regan, Law and Policy Advisor for POWJH explained, “The facility has similar wastewater impacts as a motel, but it is not connected to a sewer line.” The builder and operator of the glamping facility, Utah-based Basecamp Hospitality LLC, initially received approval to build a septic system from DEQ in late 2022. However, DEQ records indicate that before Basecamp received the initial approval, Basecamp had already built the drainage field – closer to surface waters than the law allows.
After POWJH initiated legal action at the Wyoming Environmental Quality Council (EQC) and in Wyoming state district court in the Fall of 2022, DEQ ultimately conceded that the initial approval was based on an expired “general permit,” a type of permit that allows streamlined review of simple projects, and DEQ withdrew approval.
It was back to the drawing board for Basecamp, which then was forced to apply for an “individual permit,” which requires a more detailed review from DEQ. After DEQ issued a notice of a draft individual permit for Basecamp’s septic on May 3, 2023, POWJH issued an action alert to encourage requests for a public meeting, and POWJH, its supporters and other concerned citizens flooded DEQ with comments. Fifty-eight individuals and organizations submitted written comments.
As a result, DEQ agreed to hold a public meeting regarding the project. That meeting on a Friday evening on June 9, 2023, showed strong citizen opposition to the project. The Old Wilson Schoolhouse Community Center was packed with more than 70 people. All spoken comments were in opposition to the septic system.
Nevertheless, DEQ issued a permit allowing the septic system to move forward on July 13, 2023. Although POWJH’s advocacy resulted in the relocation of the drainage field and the addition of aeration and insulation to the proposed septic system design, POWJH does not believe these changes are adequate to protect water quality. As a result, POWJH recently filed a second appeal of the permit to the EQC on August 10, 2023. The appeal raised several fundamental concerns with the permit.
First, there are questions about whether there are sufficient setbacks from the drainage field and surface waters. DEQ regulations require a 50-foot setback from surface water. In DEQ’s response to public comments issued with the permit, DEQ explained that its calculation of the “separation distance” from the drainage field to surface water “is based on the U.S. Army Corps of Engineers Wetland Delineation for the site as shown on the design plans.” However, POWJH’s investigation, including conversations with the U.S. Army Corps of Engineers, shows no such delineation occurred. POWJH’s appeal alleges: “DEQ based its determination of the setback distance to surface water on incorrect or incomplete information.”
Second, and most fundamentally, POWJH’s appeal alleges that the proposed system will degrade water quality in an area with “Class 1 Waters” – the highest level of protection for surface waters in Wyoming. DEQ’s own rules require that water quality be “maintained and protected” in such areas. POWJH argues that there is a clear connection between groundwater and surface waters in the Fish Creek drainage; what humans put into the groundwater affects the surface water and vice versa. A recent study, the “Teton County Septic System Effluent Monitoring Study,” demonstrates that the cold weather, rocky soils and high water tables limit the effectiveness of septic systems in Teton County.
“The science shows that this septic system will introduce pollutants into the Fish Creek watershed, which is not allowed under the law,” Regan explained. “It is not too late to get it right,” he added, “but to protect and restore Fish Creek, we must start doing things differently.”
Please consider contributing to Protect Our Water Jackson Hole during Old Bill’s Giving Season so we can continue to fight for clean water on Fish Creek and halt the proposed septic system on State Lands.
To learn more visit powjh.org.
