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I am a new prosecutor who has inherited a failing on site septic system case. The septic system in question is leaking waste onto the surface and into surrounding properties. We have conducted a Class C Public Health Nuisance and Class C Failing On Site Septic Facility bench trial and established a fine for every day the system is not fixed.

The problem is, the defendants are indigent and do not have the money to fix they septic system. I need to either 1.) abate the nuisance and establish a lien on the property so the county can recover costs under HSC 341, or 2.) establish a form of injunctive relief under HSC 366.... I think. I have talked to MANY people, including environmental attorneys at other counties and Mark Price w/ the TCEQ and have been told that enforcing the matter civilly is rarely done. Noone has been able to give me clear direction on how I can get this problem fixed. Disclaminer: I am a prosecutor with very little civil experience.
Posts: 7 | Registered: May 15, 2012Reply With QuoteReport This Post
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Hello JJ. I am neither an attorney nor an expert in your delima but I thought I could throw a few options I have used in the past.

Option one, In my capacity as a peace officer and On-Site inspector, I had a case where they family was indigent and was able to obtain a SEP grant that was administered through North East Texas Municipal Water District (for our region). It paid for the new installation including permitting and design fees.

Option Two, I worked on the final portions of an installation that was funded somehow through U.S.D.A. and Hillary Murray was my contact. Again in this case, the entire package was provided to the indigent family. (They do have to be the owners of the land however)In both cases funding is sporadic. Perhaps Hillary could refer you to her counterpart in your jurisdiciton. Her email address is I know this does not answer your civil delima however finding funding sound like it could be a better solution if it is out there. Good Luck
Posts: 2 | Location: Mt. Pleasant, TX. USA | Registered: October 17, 2010Reply With QuoteReport This Post
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