A lawsuit is ongoing between the Heber Valley Special Service District and a group of Midway residents who argue the district’s wastewater treatment ponds have harmed their health and property values.
The lawsuit alleges the service district failed to do enough to fix problems with the ponds, like strong smells in the springtime.
Wasatch County Manager Dustin Grabau has previously said he thinks the problems stem from more homes being built near the ponds, rather than issues with the facility. Wastewater treatment ponds are common in rural and agricultural communities.
After the two sides made arguments in court May 5, 4th District Judge Jennifer Mabey allowed the lawsuit to continue – but with some restrictions.
The service district had wanted to end the lawsuit, arguing the residents waited too long to sue. The Utah Governmental Immunity Act requires people to file a lawsuit within a year of the alleged harm.
The residents, on the other hand, argued the service district “committed ongoing acts or omissions.”
In a written ruling May 7, Mabey landed in the middle. She said, to comply with the immunity law, the Midway residents would be entitled only to damages occurring in December 2023 or later, since the residents complained to the service district in December 2024.
That means many of the residents’ allegations now fall outside the scope of the lawsuit. Their complaint describes suffering symptoms of the “Syndrome of the Sewer Worker” in summer 2023, such as sinus and gastrointestinal issues.
However, the residents’ later concerns will still be considered by the court.
The service district has denied it intentionally caused any harm.
Meanwhile, scientists are working to understand what health effects, if any, the ponds might have.
Researchers from Utah’s Environmental Epidemiology Program conducted a risk assessment in summer 2025 for a toxin called hydrogen sulfide, which has a rotten egg smell and can cause symptoms like headaches, fatigue and respiratory problems.
Scientists have not yet published a report on their findings.
