Neighbor's Septic being actively pumped onto my property

[SepticProblems]

What is the name of your state? NJ
My closest neighbor has put a sump pump in his septic tank. The water table is high - basically flooding his septic system with water. So his solution is to pump it out and it runs down continuously onto my property, making several acres of farmland unusable.
I filed a complaint with the county department of health. After 3 months I get a call from them saying that the neighbor does not have the money to replace the failed system. But they are going to try replacing one of the tanks that has a crack in it. We all know this won't solve anything. I called the dept of health and complained about the pump and could they make him remove it. They said it was in their responsibility to do this. However, it does not happen.
What can I do to put a stop to this? The dept of health is basically doing nothing.

 

[Just Blue]

What is the name of your state? NJ
My closest neighbor has put a sump pump in his septic tank. The water table is high - basically flooding his septic system with water. So his solution is to pump it out and it runs down continuously onto my property, making several acres of farmland unusable.
I filed a complaint with the county department of health. After 3 months I get a call from them saying that the neighbor does not have the money to replace the failed system. But they are going to try replacing one of the tanks that has a crack in it. We all know this won't solve anything. I called the dept of health and complained about the pump and could they make him remove it. They said it was in their responsibility to do this. However, it does not happen.
What can I do to put a stop to this? The dept of health is basically doing nothing.

I would talk to an attorney about my options. I would also get an inspection done to see what it will cost to fix the damage your neighbor did.

 

[LdiJ]

What is the name of your state? NJ
My closest neighbor has put a sump pump in his septic tank. The water table is high - basically flooding his septic system with water. So his solution is to pump it out and it runs down continuously onto my property, making several acres of farmland unusable.
I filed a complaint with the county department of health. After 3 months I get a call from them saying that the neighbor does not have the money to replace the failed system. But they are going to try replacing one of the tanks that has a crack in it. We all know this won't solve anything. I called the dept of health and complained about the pump and could they make him remove it. They said it was in their responsibility to do this. However, it does not happen.
What can I do to put a stop to this? The dept of health is basically doing nothing.

Suing the neighbor is probably your best bet.

 

[xylene]

I cant believe you have 10s thousands in damages, the problem has been going on for months and you haven't hired your own lawyer...

 

[Just Blue]

@SepticProblems It occurred to me that you may have well water...if so, you should have your water tested. The septic spill may be contaminating your well water.

 

[Mass_Shyster]

You need to go to court and get an injunction, prohibiting them from dumping sewage on your property. This is not a DIY project. Get a lawyer.

 

[SepticProblems]

I've now called a couple lawyers in the area. They both say about the same thing as the responses here. I'll try 1 more time to talk with the neighbor.
Thanks for answers to my question.

I called the department of health (DOH) again to get a better explanation of what they will do to make sure the pump is removed. I was totally shocked with their answer. That it is not their responsibility to make sure the pump is removed. The property owners have a septic company that will perform the tank replacement and that this company is now responsible for assuring the septic system works.
I asked the DOH if they will discover this pump and have it removed during the inspection process for the upcoming septic work. They said that if the pump is in a part of the system that is not affected by the work/permit then it will not be inspected.

Needless to say I am in shock about the response from DOH.

 

[Zigner]

Needless to say I am in shock about the response from DOH.

I think that you're not actually shocked with their response, rather, you're shocked that it's not their responsibility.

 

[xylene]

I don't understand WHY you are trying to be conciliatory to a neighbor who has literally destroyed, contaminated beyond use, ACRES of your property.

 

[FarmerJ]

If your on a private well , I suggest you get your water tested now in order to create a baseline that would show the condition of the well then re test again later say in spring and again in summer or fall. maybe you will have to go to a TV stations consumer affairs desk and tell them what your states department of health has said to you. Fortunately it sounds like the contents of that tank are being diluted SO the effluent on the surface will begin to break down as well

 

[izzie02]

Any update? I would be concerned with the start of freezing weather the fluid will start freezing into a giant smelly skating rink. Then when spring comes it will be even worse.

 

[SepticProblems]

Yes, there's an update. I finally was able to speak with a manager at the dept of health. He assured me that they are responsible for making sure the septic system is working properly. Including the removal of any illegal modifications or pumps. This is a contradiction to what the inspector said.
That was a week ago.
Yes, freezing weather causes the water to freeze and make a frozen swamp in my hayfield. In the spring there's frogs. The pump that's in the tank must be in the bottom of the tank. As it is basically lowering the water table. Which is not possible with a tiny sump pump. So the pump runs 24/7 most of the time.
The inspector that was here was standing in the water flow in her boots as the pump then turned off. And then back on again. Even with her seeing this in-person she did not seem to understand what was going on. She apparently did not understand or believe what I was saying.
The tank the pump is in a 3rd tank that is not on the DOH documentation showing 2 tanks. This 3rd tank was installed illegally perhaps before I moved here 23 years ago. The original owner of that property worked for an excavating company and therefore had access to knowledge and equipment to install this 3rd illegal tank.

I spoke with one more lawyer(he called me back a week later after I left a msg) and his take on this new information was to wait and see what happens before spending money on legal action.
I've talked to the neighbor 3 times about this over the past 2 years. Anytime I am outside he goes back in his house and basically hides. When the inspector showed up he did not answer the door. However the inspector and I noticed that a window mysteriously opened so he could hear the conversation.
The responses on the website have been helpful.