Date: Fri 27-Dec-1996

Publication: Bee

Author: KAAREN

Quick Words:

health-septic-system-

Full Text:

Health District Drawn Into Dispute Over Septic System

B Y K AAREN V ALENTA

Health District sanitarians are investigating a dispute between two neighbors

over a failed septic system on Round Hill Road in the Riverside section of

Sandy Hook.

The health district and both neighbors agree that there is a problem. They

don't agree who is to blame and what must be done, by whom, to remedy the

problem.

Girard Cahill, who lives at 29 Round Hill Road, said his neighbor's septic

system has failed, releasing contaminated water and creating a health hazard.

"Black water is pouring across my yard and I can't get anyone to do anything

about it," he said. "I called the health department and the first selectman's

office and was only told there are procedures that have to be followed."

Mr Cahill said he is expecially angry because, after making the complaint, he

received in the mail a letter from the health department on December 24

ordering him to replace the cover on his own septic tank.

"They're telling me that if I don't replace my septic cover in two weeks, my

property will be condemned," he said.

Lenny Sattani, who owns the neighboring property at 25 Round Hill Road but

lives in Southbury, said his septic system failed because Mr Cahill dug up the

leaching field and hit the septic tank with a backhoe while grading his

property.

"The houses are very close together here so no property is up to code," Mr

Sattini said. "(Mr Cahill) brought three pieces of heavy equipment in, dug up

the field and hit my septic tank. Up to that time, my septic system had been

working properly."

Mark Cooper, the district's director of health, said septic problems are

common in the lakeside communities and are complicated by the fact, that in

many cases, such as this one, the exact location of the property line is in

dispute.

"I don't know - and I don't know if either neighbor really knows - where the

property line is," Mr Cooper said. "They don't agree, and we don't settle

property disputes. Then there is the question of who caused this problem.

We've been out there several times. There's a health hazard and both have been

given notices that they should fix the system."

"It's a complicated issue which we are moving to resolve as quickly as we

can."

Mr Cooper said that it isn't uncommon in the lakeside communities for leaching

fields from one property to extend onto an adjacent property.

"There may be easements, or an incident of adverse possession," he said.

"There have been cases of the sharing of wells. Two adjacent properties might

have been owned by relatives who agreed to a situation which would not be

allowed under today's health codes.

"So there might be a legitimate reason why someone's septic field may be on

someone else's property," he said.

Mr Cooper said the health district sent a letter to both property owners,

notifying them that a problem exists and giving them 14 days to respond and

work out a plan to correct it.

If no action is taken, then the health district will issue an abatement order

which will tell the property owners to fix the problem within 30 days or face

legal action.