Walmart's attempt to secure sewer service for its planned West Wareham store appears to have run squarely into the A.D. Makepeace Company.

Walmart has asked Selectmen, in their role as Sewer Commissioners, to connect to the town sewer system and pump approximately 10,000 gallons of wastewater per day. Makepeace maintains that additional sewer capacity is available only because the cranberry grower and developer paid for sewer system upgrades to accommodate future A.D. Makepeace development.

In a letter to the Selectmen, A.D. Makepeace Senior Vice President James F. Kane wrote: "Please know that the A.D. Makepeace Company did not spend $500,000 to improve the operation of that pump station and the related system so the world's largest retailer could escape responsibility for its wastewater."

Walmart cannot go forward with its plans to move from East Wareham to a new, larger store in West Wareham without the Board of Selectmen's permission to tie into the town's sewer system or, alternatively, constructing its own wastewater treatment system.

Walmart was officially awarded special permits for its proposed Tobey Road store on Sept. 12, effectively clearing the Zoning Board of Appeals hurdle.

Walmart is looking to construct and move to a 152,000-square-foot building at the corner of Tobey Road and Cranberry Highway in West Wareham.

Selectmen say they're worried that the sewer plant can't handle the capacity, and about possible legal issues that could stem from giving Walmart the green light.

At issue in determining whether the town has available sewer capacity to accommodate Walmart is an earlier agreement that the town has with A.D. Makepeace, promising to make town sewer available for development on land near its Rosebrook Business Park.

Water Pollution Control Facility Director Guy Campinha has continuously maintained that the sewer capacity is available.

"We do have plenty of capacity," Campinha told the Board of Selectmen on Thursday, Sept. 13. "We have capacity at the plant to accommodate the 10,000 gallons, and we have capacity at the [Springborn] pump station" near where Walmart is hoping to build.

But the A.D. Makepeace Company is concerned.

A.D. Makepeace initiated an analysis of the wastewater needs in West Wareham, completed improvements to the system, and recently completed an upgrade of the Springborn pump station, Kane wrote.

Kane wrote that the pump station improvements were meant to allow residents with failing septic systems to tie into the sewer system or allow for "further economic development to occur from within Wareham."

"It appears we need to move ahead and protect our investment now due to Walmart's use of the capacity we already paid for," Kane wrote.

Noting their concerns about litigation, the Selectmen said they were not prepared to take a vote on Thursday.

Walmart lawyer Edward Angley, who noted that Walmart had appeared before the board four times and sent letters about the issue and not received a response, was not pleased.

"I think it's rude and it's unseemly for a Board of Selectmen to act in that manner," Angley told the Selectmen.

Selectmen Chair Steve Holmes, noting that the board has spent a lot of time researching the issue, told Angley: "You may think it's a slam dunk, but there are documents that this board had nothing to do with that [are] out there" and could cause legal problems for the town.

Selectman Peter Teitelbaum suggested that town attorneys review any agreements with third-parties before a decision is made.

"I think we have to try to get all of our ducks in a row here," Teitelbaum said.

Angley agreed to work with town lawyers to come up with an agreement with A.D. Makepeace.

The Selectmen vowed to address the issue as soon as possible.