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Septic Drain Field missing!

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dabebech

Junior Member
What is the name of your state? Georgia

I apologize up front for the length of this post, but this is a saga....

We purchased a *new* home with septic system in June 2002. In Feb. 2005 we developed sinkholes over the septic system drain field. We had no backup in the house but noticed our toilets draining more slowly and requiring two flushes at times. This prompted us to contact our local county health department. The inspector did not observe any water surfacing or had any real concern we had a septic problem. But, they did share with us that the company that had installed our septic system was no longer in business. The company was found suspect in removing components from installed systems. They would install a system (tank and drain field - high capacity chambers in our case) have it inspected before covering it with dirt, then after the inspector left they removed portions of the drain field chambers or even tanks.

After sharing this great news with us :( we became very concerned. Based on advice from the county inspector we then contacted a septic company to pump the tank and do a general inspection. The tank was pumped and the septic company attempted to locate our drain field chambers. They were unsuccessful in locating any of it using a 48" probe rod. They suspected that it either didn't exist or that it was crushed and so deep it was beyond 48" deep. The installation inspection report from the county shows the average trench depth at 40" - average for our area. The septic company recommended that we oxidize the main drain pipe out to the first row of chambers and see if that helped our slow drain problem. We also had them add a riser to the tank manholes - total $2,000.00.

Feb. 2006, one year later, we had a backup of the system and it was diagnosed as a failing drain field. We used the same spetic company, they pumped the tank and water drained back in to the septic tank from the drain field :( We then contracted with the same septic company to do some investigative digging to locate our drain field chambers and attempt to check them using a high pressure snake. They found them at 58" depth, they could not snake very far in to the chambers at various points, ends, and told us that the chambers where collapsed and we needed a whole new drain field - $5,300.00 ouch! They kept insisting the chambers where collapsed due to the depth, yet the chambers they had uncoverd at the ends where not crushed, and in fact the 2 rows where dry - yup dry! They still insisted we need a new drain field. We where not convinced we need a whole new field and therefore paid them for the digging and we parted ways - another $980.00.

Feb. 15 2006 we hired another septic company which was in the repair business and not new installations. They promptly found our problem. The cross-over pipe to the second row of chambers was broken out of the first row of chambers and ... the second row of chambers was not complete! There were 2 chambers at the end with the cross-over pipe and then a black corrigated pipe running @60' to a chamber at the far end. This does not meet state/county code. This prompted them to visual inspect the 1st and 3rd row of chambers which where found to exist. So, we had them install the second row of missing chambers and get it re-inspected by the county - passed. Total $2,500.00.

$5,000.00 + and now I can flush toilets again!

I've recently learned that the septic company that installed our system, the one the county inspector informed us about, was not certified in the state to do septic installations. I've made an Open Records request to the state environmental deptartment requesting the company's certification certificate, I'm fairly confident they will respond stating one doesn't exist.

So, the question(s)....

- Is my builder neglegent for hiring a spetic contractor which was not certified in the state?

Or...

- Is the county environmental health department neglegent for approving a spetic system by an installer that was not certified? or are they still neglegent if they accepted a false certification certificate?

Again, sorry for the long posting. This isn't even all of it, I have a whole other issue which was uncovered during this problem that has two conflicting soil surveys. I'll leave that for another time.

Any help is appreciated!

DB
 


dcatz

Senior Member
The answer, perhaps the initial answer, to your questions rests on the fact that negligence is predicated on having a legal duty to do or abstain from doing something.

I'd suggest that you consult with local counsel, who should be more informed than those in this forum as to the extent of the responsibility of both your general contractor and that of the county to question a false certification certificate or to make the same type of Open Records query that you've now made.

Until you can establish that one or the other or both should have, you can only argue that "but for" the fact that they failed, you have your problems. Until you can establish the duty, you have no negligence case.

Unless there is clear statutory or case law in your state, those on this forum can only do the same. Without existing authority, it's like choosing sides in a debate. You make your points and leave it to the trier of fact to decide.
 
Me love to plagarize

Unless there is clear statutory or case law in your state, those on this forum can only do the same. Without existing authority, it's like choosing sides in a debate. You make your points and leave it to the trier of fact to decide.
Get your crap together. :p
 

dcatz

Senior Member
Originally Posted by Ohreallynow?
Get your crap together. :p
You know, since I started posting on these forums, I've made it a point to ignore the catfights and those with little or nothing of substance to say. I've made it a point to respect all members who contribute time and effort and to abstain from adding comments to posts that have have been adequately answered. Even members who seemed driven to contribute, albeit of no value, did appear to try to learn as they stayed on, but you're simply a buffoon and gadfly with a penchant for cartoons and puerile attempts at humor. Now I appreciate humor and, if you show some, I'm sure it will be appreciated. What prompts this break from precedent is a concern that some poster may take some crack seriously.

It appears that some other members view you in the same light?
https://forum.freeadvice.com/showthread.php?t=310705

You post a good deal. Do you expect to go back and make further contributions to threads like these?
https://forum.freeadvice.com/showthread.php?t=311045
https://forum.freeadvice.com/showthread.php?t=310956
https://forum.freeadvice.com/showthread.php?p=1314321
https://forum.freeadvice.com/showthread.php?t=310940
https://forum.freeadvice.com/showthread.php?t=310814

I'm not asking for myself. I just think others should be forewarned.
 
Quoting you gets you mad?

Do you expect to go back and make further contributions to threads like these?
I am waiting for my paycheck to get here first.




Oh wait, I will only answer the questions that have cookie-cutter answers.


Where the hell is my paycheck?
 
Last edited:

BL

Senior Member
Did not someone point out the Fact that a local attorney ( unless he'she is corrupt ) , help you deal with this matter ?

Consultations are generally free , or low cost .

That's the only way you will be able to deal with this .. ( since I'm not an Attorney , and couldn't be reprocussed ) SH**..
 

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