NORTH JAY – In April, the state gave the North Jay Water District until July 7 to come into compliance with the state’s drinking water rules or face fines.

A septic system at 23 Maxwell Road is located directly above a transmission main that provides an average of 189,000 gallons of drinking water each day to North Jay customers. The Water District, a quasi-municipal corporation, filed a complaint May 13 seeking a court injunction to stop Maxwell Road homeowner Clovis Johnson-York and her eight children from using their septic system.

York, who also operates a business at the site, filed a countersuit June 3 in Franklin County Superior Court against the Water District and the town. She cites a number of allegations in the suit, including unjust enrichment, fraud and misrepresentation, negligence, denial of civil rights and intentional infliction of emotional distress.

Roger Crouse, assistant program manager with the state’s Drinking Water Program stated in a letter to the district dated April 4 that this situation has a “high potential” to be a public health hazard and must be corrected by July 7. Failure to comply would result in administrative action with the possibility of fines up to $750 a day.

Crouse gave Richard Jackson, representative of the district, 30 days to develop a plan of action to bring the district into compliance. The plan never was submitted, Crouse said. However, Jackson did contact him and told him the district had filed a court complaint seeking an injunction. Crouse recommended that either the system be relocated to at least 10 feet from the water main or the water main be moved at least 10 feet away from the system.

Jackson and other members of the Water District were unavailable for comment. The district’s attorney, Ed David, said the injunction request is in the court system awaiting review by a judge.

York was granted a variance to replace the septic system, with 90 percent of it funded by a state Department of Environmental Protection agency grant. Approval of the variance was subject to the existing municipal water line being reset. Wilton Water District supplies the North Jay Water District with fresh water. Wilton Water Superintendent Russ Mathers said he heard a rumor about the septic system being located above the water main and contacted the district. He later turned the issue over to the Department of Human Services. Mathers sent the district a letter in April stating that the location of the septic system above the water main was not an “acceptable situation by law as well as a direct threat to the public health.”

In the North Jay Water District’s complaint, it notes that for many years the property had a fresh 8-inch water main cross the property underground that supplies “substantially” all of the water to the North Jay district and its customers. The complaint also states multiple demands have been made on York to abate the nuisance or to pay for the relocation of the water main.

In York’s counter suit, she says that the DEP grant was entered into with the approval and knowledge of North Jay Water District and Jackson. The septic system was installed in the same location as an existing system that was failing.

The suit also claims the septic system was installed and modified later with full knowledge and approval of appropriate authorities in Jay, which oversaw, hired and contracted the installation of the system.

Michael Gentile, attorney representing the town, not the district, said he has talked to all town employees involved and investigated the issue and found the town has no responsibility or liability that he knows of. The town only administers the state grant money that is funneled through the town to help eligible people replace failing septic systems. The issue is between the Water District and York, he said. He said the septic system has been in the same spot for 20 to 30 years. He also said that Maxwell Road, formerly known as Old Jay Road, was not in existence until 30 to 40 years ago.

dperry@sunjournal.com

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