Previous articles described the sewage collection systems for two adjacent sewage districts where the flowmeters measuring the sewage generated by the first sewage district measured higher than its actual sewage flow, and the amount of sewage generated by the second sewage district was calculated to be lower than its actual sewage flow.
My findings about the flowmeters were documented in an expert report and a court date was set to testify regarding the performance of these flowmeters — effectively contesting the billing for the amount of sewage generated by the first sewage district. The technical considerations and proposed actions seemed straightforward: correct the flowmeter installations and calibration techniques, as well as adjust previous billing to account for known discrepancies. After these items are complete, additional adjustments to previous billing may be indicated based upon the measurements obtained from these improved measurement systems.
Not so fast. Not every matter is resolved using a fact-based engineering approach. The issues had to be dealt with globally because there was some history involved as the result of a legal proceeding that occurred approximately three years prior to my involvement in the case. At that time, the first district’s expert (who was not a flowmeter expert) addressed the flowmeters only once and did not question their performance. By not questioning, the flowmeters were presumed by the court to be functioning properly such that their performance could not be questioned in the future — even if significant issues came to light such as those documented in an expert report.
This discussion will be continued in the next installment.
David W. Spitzer is a principal at Spitzer and Boyes, LLC, which offers engineering, focused market research, writing/editing white papers, strategic marketing consulting, distribution consulting, seminars and expert witness services for manufacturing and automation companies. Spitzer has written more than 400 technical articles and 10 books about flow measurement, instrumentation and process control. He can be reached at 845-623-1830 or via spitzerandboyes.com.
