Neighbor's new septic over prop line
- Thread starter Seat_Time
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dmccarty
Super Star Member
And I think this is why the guy at the office is not returning your phone calls. He messed up and got caught. Its his fanny if you push this. It sounds like at a minimum they did not seed nor set the slope correctly. Its the inspector's job to see that this is done.
You need to keep doing what you are doing. Dig into the state regulations until you resolve the question on where does the measurement start at the mound. I would be shocked if its not at the end of the slope not the top. In NC the design and plotting is public information. If you can get a copy of the design that might be interesting. As well as contacting the engineer who designed the system or another one if you can find out who did the design. You really need to know the rules.
Long story really shortened up. When we bought our land we had septic issues. A developer had tried to build a subdivision but the soil was not there to do it. He spent loads of money on survey's, road building, etc. We only needed a couple of perc sites not one on each lot. I ended up with two soil scientist reports to prove we had the sites we wanted. The county offical who approved the perc sites was NOT a soil scientist and would not approve our sites so we escalated to the state and won. This took some time, a bit of guts and gambling on our part but it worked out in the end. Frankly I think there was funny buisness going on with the guy and he was fired a year or so later. But he had been in the job for decades and I'm sure he ruined many people's dreams. The point I'm trying to make is that you need to keep reading those state regulations that is what I had to do to get our land approved. Those regulations should be specific. There also maybe a contact at the state level that can help you as well.
At this point I would be concerned with the neighbor changing the mound. It might not matter but then again who knows but there is a design for a reason.
Is the mound on your land or within the 10 foot setback? If he one possible solution is to sell him the strip of land that he needs to get the setback. Make him pay for the land and the survey. That might be cheaper and easier than moving the mound.
You really should not have to sell to him to correct the contractor/inspector mistakes but it might be the easiest, less stressfull and less expensive solution for you both if the system is out of spec. Having neighbors you don't get along with is not fun. BTDT.
Later,
Dan
Richard
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Do I understand something here?
Each land owner has a 10' setback where their OWN septic system can not be within 10' of their own property line. So in a sense, there should be a 20' swath where there is no septic system allowed and this 20' swath is bisected by each land owner.
Yet, not only is this guy's septic system over his own 10' line, it's evidently encroaching into the same 10' "no man land" of THIS owners land where he himself could not put his OWN system if he wanted to?
If I interpret that correctly, I'm amazed that anyone would allow it to stay. Especially the encroachee land owner.
Each land owner has a 10' setback where their OWN septic system can not be within 10' of their own property line. So in a sense, there should be a 20' swath where there is no septic system allowed and this 20' swath is bisected by each land owner.
Yet, not only is this guy's septic system over his own 10' line, it's evidently encroaching into the same 10' "no man land" of THIS owners land where he himself could not put his OWN system if he wanted to?
If I interpret that correctly, I'm amazed that anyone would allow it to stay. Especially the encroachee land owner.
Further:
I just got off the phone with the health dept and they allowed as how the system has not been approved, and won't be approved in it's current state. Apparently the orange sticker my neighbor showed me was nothing more than the permit approval. He was pretty adamant with me that my concerns were water under the bridge...not so. The more I reflect on some of his remarks the more I don't feel bad about getting this done right. I have the sympathy of the health department and they have suggested I put my concerns on paper to them; they will attach my remarks to their own and the whole mess will go to the township whereby my neighbor will then plea for an exemption to the set backs. The health dept led me to believe he may have to move the mound. Ala$, woe i$ him.
I just got off the phone with the health dept and they allowed as how the system has not been approved, and won't be approved in it's current state. Apparently the orange sticker my neighbor showed me was nothing more than the permit approval. He was pretty adamant with me that my concerns were water under the bridge...not so. The more I reflect on some of his remarks the more I don't feel bad about getting this done right. I have the sympathy of the health department and they have suggested I put my concerns on paper to them; they will attach my remarks to their own and the whole mess will go to the township whereby my neighbor will then plea for an exemption to the set backs. The health dept led me to believe he may have to move the mound. Ala$, woe i$ him.
dmccarty
Super Star Member
SeatTime,
That is good news. The department I had to work with was a real pain. Now that the one person has left I can't say enough good things about them. I have pulled more permits since 2000 and the people in the department have been great. Shown up on time, explained things, given good advice and have been reasonable. Having them on you side is much better than the alternative.
I'm glad to hear that they did not approve the mound. I happened to be at the house when the department inspected my field. He checked the setbacks, placement of the trenches AND the slope of the trench to make sure the effulent flowed correctly. I know he came back to inspect the covering of the trench as well. If your department approved what that mound I was afraid you were in for a big fight. Now it seems like the contractor and neighbor are going to have to fight it out.
Sounds like its working out for you.
Later,
Dan
That is good news. The department I had to work with was a real pain. Now that the one person has left I can't say enough good things about them. I have pulled more permits since 2000 and the people in the department have been great. Shown up on time, explained things, given good advice and have been reasonable. Having them on you side is much better than the alternative.
I'm glad to hear that they did not approve the mound. I happened to be at the house when the department inspected my field. He checked the setbacks, placement of the trenches AND the slope of the trench to make sure the effulent flowed correctly. I know he came back to inspect the covering of the trench as well. If your department approved what that mound I was afraid you were in for a big fight. Now it seems like the contractor and neighbor are going to have to fight it out.
Sounds like its working out for you.
Later,
Dan
JimR
Elite Member
Way to go. Now we know what he was really up to. Oh well, is all I can say. Had he had the job done right in the first place none of this would have ever happened.
rox
Veteran Member
seattime,
I must have missed it. What did the Health Department tell you the setbacks for the mound system are? And are they at the start of the system or the end of the system? What are the rules in your area?
It was great that you wrote on TBN. We all learned a lot becasue of your recent experience. I am sure the discussion was a help to you fix your moral compas on what to do about the problem.
I must have missed it. What did the Health Department tell you the setbacks for the mound system are? And are they at the start of the system or the end of the system? What are the rules in your area?
It was great that you wrote on TBN. We all learned a lot becasue of your recent experience. I am sure the discussion was a help to you fix your moral compas on what to do about the problem.
Slamfire
Veteran Member
Explain how the property line doesn't run down the middle of the road, but on the north side, just like the Forest Service right of way acquisition of 1958 survey shows.MikePA said:
Rox,
My health dept contact, supposedly the supervisor, told me that the set back begins from the "toe"...the bottom/end of the tapered slope. Last night when I got home from work, there was a message on my machine from my neighbor allowing as how he had his excavator/contractor with him and to please call back as they'd like to come over to explain the why-fors of the job and also show the "fix" they had apparently made. I guess their fix being the cutting back of the taper such that the top plateau portion abruptly drops off now...a cliff so-to-speak. He continues to maintain the set back begins from the edge of the laterals...which I gather is the edge of the top of the slope (the cliff edge at this point) Either way, it was raining, I wasn't in the mood, and I didn't invite them over. I explained that my health dept person has a different set back view. I also explained that at this point it isn't my call. All I wanted was that the thing is above board/legal such that there will be no unforeseen consequences down the road. It is his battle to win or lose...if he can convince the authorities that the cliff is legit and his view of the set back is correct, then more power to him. I don't think it will fly.
My health dept contact, supposedly the supervisor, told me that the set back begins from the "toe"...the bottom/end of the tapered slope. Last night when I got home from work, there was a message on my machine from my neighbor allowing as how he had his excavator/contractor with him and to please call back as they'd like to come over to explain the why-fors of the job and also show the "fix" they had apparently made. I guess their fix being the cutting back of the taper such that the top plateau portion abruptly drops off now...a cliff so-to-speak. He continues to maintain the set back begins from the edge of the laterals...which I gather is the edge of the top of the slope (the cliff edge at this point) Either way, it was raining, I wasn't in the mood, and I didn't invite them over. I explained that my health dept person has a different set back view. I also explained that at this point it isn't my call. All I wanted was that the thing is above board/legal such that there will be no unforeseen consequences down the road. It is his battle to win or lose...if he can convince the authorities that the cliff is legit and his view of the set back is correct, then more power to him. I don't think it will fly.
scott_vt
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Seat_Time said:
Mornin Seatime,
I dont think it will fly either !!! But the most important thing at this point in your best interest, and also stated earlier in this thread, is that whatever happens that it needs to be made right. In the case of you ever wanting to sell your property, and that system is encroaching the boundry line illegally could very well cause you many problems down the road !!!
Good luck with getting the problem fixed legally and properly !