What type lawyer do we need
 

Our health department has refused to test anyone in our area's septic system. We have raw sewage and water in our yard from what we can figure our neighbors sand filter behind us. Their drain pipe runs thru our yard without us knowing about it. Our health department has not done anything in 23 days, yes that is 23 days of smelling water and black muck in our yard. The health director has lied to everyone on the commissioners and council seat and even has the health officer buffaloed. We need a good lawyer who I guess specialized in litigation to go after the county and health board to get this remedied.

Mr. Spence to the white courtesy phone.

Who does your health department answer to? In my county it's the Board of Supervisors. That's who I would go to first before paying a lawyer.

Call your local news reporters. All of them. Tell them you have contacted everyone in local government you can think of and the city won't do anything to clear your issue up and ask the reporters for their help in resolving the issue. DVR the next evening's news reports. Watch the resulting cascade of offers to resolve your problem, like tomorrow.

This. Get the media involved. :yesnod:

There was a big stink here with the 'Sativa' (no joke) Water District in the Compton (no joke) area here recently with 'customers' literally getting sewer water through their taps. Seriously...muddy fuggin dirty brown water coming through the taps.

The water district hemmed and hawed for ages apparently. Then the media got involved and the shit storm that ensued was EPIC to the point of the entire water district getting the heave-ho and the state and possibly even the feds getting involved...

The media loves stuff like this. Trust me. I work for them. :yesnod:

Has OP talked to the probable offending neighbor directly? That would be the first thing I would do. "Hey, I think your shit is running all over my yard, come have a look."

Done that, none want to do a story. If it were the next county over they'd jump all over it. Good Ole Boy's.

Been there done that, was told "I'll talk to the owner and let you know in a day or two". Crickets in the back ground.
We can't send a certified letter to the owner stating they are a nuisance until the county health board dye tests the system to see which one is bad. The health director has the health officer convinced it is a state function. According to our county commissioners they appoint the board but they don't answer to the commissioners. Our city hall code enforcer has been told to not take our calls. We were annexed last year but the county is responsible for the septic systems. We hope to be on sewers in about a week but it won't solve the issue if the other idiots don't go.
I've tried our state rep for help with no response, the state health board came and looked at it and I believe recommended action but the county has to enforce it and so far we have seen no action.

Their pipe runs through your yard - correct.

Does your property include a right of way for that to occur?

Is there a city or county easement?

If none of the above is in place call a service and have that pipe discounted where it enters your property.

Otherwise its time to move to the county next over.

:seasix:

What problem would lowering the price solve? :bigears:

Discounted is commonly used in reference to the price of something, but really means to deduct an amount from. So, removing the amount of pipe (or flow through) that crosses the OPs property would solve their sewage seepage issue. :yesnod:

And yes, it might even be cheaper than the cost of a lawyer over time to reach the same outcome for the OP. :yum:

that's an easy fix...















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I would call the Indiana DNR and their EPA and ask them what is the best course of action. Neither of those divisions is keen on groundwater contamination.

You need to call Erin Brockovich.

So it's a rent house? The owner's name should appear on the county tax rolls. I'd track down the owner directly and knock on his door with a couple of pictures of the situation. Depending on a renter to notify the landlord? The tenant probably could care less, since his shit isn't flooding HIS yard. At least you'll know what you are facing after you talk to the owner directly. Who knows, he may want to do the right thing.

Done that. Called the FEDS today, EPA. IDEM could not do anything because it has not come in contact with the waterways.
As far as capping the line, we were advised not to do this because if damage occurred on the other persons property we could be liable. There is no easement on the property for this pipe.
We are not 100% positive the waste is theirs, the county will not do a dye test on the systems. We did one on ours and it was negative results.
Our next course is a lawyer, trying to find one in Evansville IN is horrible. We have called three different attorney's and not one call back. The one we want to use in our county is not available until mid August.
Erin would be great.
We have the owners name, his mother. Until the county fufills their legal duties to test the systems and confirm which one is at fault we are in limbo. This ass hat of a director knows it and is playing it all. I will have him fired and publicly liable when this is all done.
I'll be posting up a you tube video this evening of the black water flowing. It will be on facebook with the ask to share for humiliation of Warrick County Indiana's inept health department.
Some lovely pictures of what we have put up with for 24 days now.

Have you called the Indiana DNR yet? They are much more than government paper pushers. I doubt it would be a big problem to have a conservation officer come out and have a look. They have the power to take immediate action.

:cert:

http://44news.wevv.com/contact-44news/

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