For years, most residents of the 135 houses within the Porter Beach neighborhood have wanted a sanitary sewer to replace their old dry well septic systems that could leak waste into Lake Michigan.
The town of Porter also recognizes the need for a sanitary sewer connection to serve Porter Beach and possible development sites north of U.S. 20.
The potential redevelopment of the prime Johnson Inn site on Porter Beach cannot happen without sanitary sewers.
But a new rule enacted by the state of Indiana, which takes effect on Jan. 1, 2027, is raising concerns because repairs are prohibited for existing dry well septic systems along Lake Michigan.
Rob Albrecht-Mallinger, a Porter Beach resident who serves on the town’s plan commission and board of zoning appeals, would welcome a sewer connection for his neighborhood.
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“I completely understand that the (state) Board of Health wants us to go to a sewer system, especially in an environmentally sensitive area,” Albrecht-Mallinger said.
However, the state’s new rule makes it difficult for residents to deal with present realities, such as if a septic system suddenly fails.
Under the new regulations, if a septic dry well in the Porter Beach neighborhood fails after Jan. 1, 2027, the Porter County government — which regulates septic systems — couldn’t issue a permit for a repair.
“The trouble is, we didn’t have enough warning to make this transition,” Albrecht-Mallinger said.
The Porter Town Council on Oct. 27 approved a resolution that called upon the Indiana General Assembly and Indiana Department of Health to delay implementing their new rules.
“Full compliance and total system replacements enforced under these rigid standard shifts by the targeted January 2027 implementation timeline are completely impossible for local residents due to the extreme financial burden, severe supply chain backlogs, a critical shortage of certified soil specialists and registered installers,” the resolution states.
In addition, the unique neighborhood topography and constraints of the coastal region also pose challenges. Restricting or denying local health departments the ability to issue construction and repair permits for existing systems would have a “grave effect” on the health and welfare of Porter Beach neighborhood residents, the resolution further states,
Porter Councilwoman Laura Madigan, D-Ward 1, in speaking for the resolution, said the town would like the state to allow for repairs.
“We agree it is a priority to transition away from septic and make it a priority for sanitary sewer lines,” Madigan said.
Madigan said the town hopes that by 2030, it will have the federal, state and local funding for a sanitary sewer to Porter Beach.
Michael Barry, Porter’s development director and building superintendent, said that there have been calls for sewers to be built in Porter Beach since 1989.
What people should know is that when Porter Beach was first developed, it was considered a place for summer cabins rather than a year-around neighborhood, Barry said.
Barry said that he is optimistic that momentum is growing toward funding for sewer lines. He said that once the sale of Johnson Inn property is allowed after it goes through probate court, Valparaiso developer Chuck Williams — who was instrumental in the renovation of the pavilion at Indiana Dunes State Park — wants to buy it.
Meanwhile, other lakeside communities, such as Ogden Dunes, Dune Acres and Beverly Shores, are dealing with the same issue.
Barry and Albrecht-Mallinger said that the community of Beverly Shores seems to be ahead of everyone else in dealing with the issue.
Beverly Shores, along with the neighboring Town of Pines, obtained a federal Environmental Protection Agency (EPA) grant this year to pay for an engineering study of their communities. Barry said he would like to get a similar grant for Porter.
David Phelps, president of the Beverly Shores Town Council, said they are in a “very preliminary stage” of determining whether sewers are even feasible for the 500 housing units within his community.
Phelps said there also have been “preliminary” talks about the possibility of connecting with Michigan City’s sewage treatment system.
The big obstacle to overcome is money, because Beverly Shores doesn’t have a large tax base, Phelps said.
Jim Woods is a freelance reporter for the Post-Tribune.