Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was installed in 2005. The village has not maintained this septic system since it was installed. In 2014 we had raw sewage back into our basement. Since 2020, repairs are needed to the tank, repeated attempts to get it fixed, serviced, are ignored. They are in breach of a USDA agreement, in violation of EPA, MO DNR, reporting laws. In violation of clean water laws, Missouri Statutes. We have unreasonable interference with the use & enjoyment of our home, land, from raw sewage backups, outflows, from negligence, mismanagement, of the sewer system. We can't sell our home if we have to disclose to a buyer, that the septic system has not been maintained in 17 years. Rendering our home, property, valueless.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Environmental Law Lawyer
  • Little Neck, NY

A: A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by qualified chemists. You could reach out to environmental/toxic tort law firms to discuss in more detail. You could also touch base with your neighbors who may have been impacted. In these settings, law firms often want to know the scope of impact beyond individual households. Good luck

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