SIOUX FALLS, S.D. (KELO) — The Lennox City Council unanimously accepted an agreement with the State of South Dakota Department of Corrections to allow the DOC’s planned new prison to use to the city’s wastewater system.

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The state/DOC will pay the city $10.5 million in upfront money and then, pay its monthly fee based on use of the sewage system. City administrator Nathan Vander Plaats said the agreement includes about $52,500 in a monthly payment.

“Being approached by or reaching out to a large industrial customer that can give us a boom to our community in services rendered is a solid business decision,” council member Bill Daugherty said during Tuesday night’s council meeting which was posted on the city’s YouTube page.

The council’s decision came after several individuals spoke against and in support of the agreement. A number of those opposed also criticized the overall proposed new prison planned for a site between Harrisburg and Canton in Lincoln County.

“The topic we are discussing isn’t whether or not we agree with the prison,” Council member Chad Swier said. “That isn’t our choice. We don’t have the ability to stop the prison from being built.”

The agreement with the DOC will allow the city to cut debt, city officials have said.

Swier said that debt for past improvements is one reason why the city’s water rates are high with surcharges.

The city would use some upfront money from the DOC to pay off debt for past improvement projects, city administrator Nathan Vander Plaats said in October KELOLAND News story.

“Our wastewater treatment plant is going to need upgrades without the prison,” council member Brittany Mower said through Zoom connection at the meeting. Without the prison, the upgrades will increase fees paid by users in the city, Mower said. The prison use will allow fees to go down, she said.

“This is not a vote as to a specific location of the prison,” state official Ryan Brunner said.

Brunner noted during Tuesday’s meeting that an additional court action had been taken by opponents to the men’s prison site.

The DOC is planning on moving forward with the current location, Brunner said.

Opponents, including the NOPE group, filed an appeal with the South Dakota Supreme Court challenging the state’s right to build the prison without a county permit. On Oct. 23, a judge in Lincoln County dismissed a lawsuit filed by NOPE and other opponents against the state on the location of a new men’s prison in Lincoln County.

Brunner said that the $10.5 million is higher than what was offered to Harrisburg because that city had a monthly connection fee that Lennox does not have.

The council’s decision came after “a couple of months of daily work. Giving it due diligence was absolutely job one,” Daugherty said.

“This is not a decision we took lightly at all. This was a very researched and educated decision,” Swier said. “This is a great opportunity for our town.”

Daugherty said the city examined potential odor issues, concerns about sewer back-up in residents, major water events and similar concerns and determined those concern are being addressed in the plan. Odor, sewer back-up and ability to handle waste in major rain water events will not be problems, Daugherty said.

Mitch Mergen of Stockwell said in a Sept. 23 meeting that if it makes $4.5 million in improvements it could better handle the proposed 180,000 gallons of sewer each day from the new prison. The prison would eventually increase that load to about 225,000 gallons a day.

The city already handles about 250,000 gallons a day. Mergen said the system has a capacity of 670,000 gallons a day.