JAY – A court arbitrator has ruled that the town and the North Jay Water District are responsible for a septic system placed over a drinking water main. The town is considering its appeal options on the decision.

The award calls for the two parties to split the cost of removing the existing septic system and installing a new one at Clover Johnson York’s Maxwell Road residence.

However, if the feeder line has to be relocated, the Water District is fully responsible to cover those costs, according to the award.

The cost should not exceed $8,000 to install the replacement system and the town and the Water District would be responsible for a maximum $4,000 each, the award states.

“We are consulting with our attorney,” Jay Town Manager Ruth Marden said. “There are some factual discrepancies we want addressed before we proceed. The town is considering options for appeal.”

Water District Superintendent Richard Jackson declined comment on the decision.

York’s attorney, Andrews Campbell, was unavailable.

The North Jay Water District had filed an injunction request in Franklin County Superior Court last spring to stop York and her eight children from using a septic system on Maxwell Road in North Jay.

York counter sued the district, town and the state. She had bought a house in Jay in 1996 and took advantage of a state septic system replacement grant program in 1997 when her septic system failed. She was responsible for $650 and the state picked up the remaining 90 percent. The town administered the grant money for the state.

One of the prerequisites for the replacement system was a variance that required the municipal water line to be reset. But the line was never reset.

The septic system was installed directly over a fresh water 8-inch water supply main that feeds North Jay water customers. The less than 10-foot separation between the system and the main violates both the Maine Drinking Water rules and the Maine Subsurface Waste Disposal rules, and there is no dispute that a rupture of the main does pose some risk of contaminating the public water supply with sewage pathogens, according to the arbitrator’s award.

Arbitrator Frederick H. Greene III stated in his decision, that the town of Jay, itself or through agents, shall arrange for the design, permitting, installation and hooking up a replacement leach field in accordance to a state Department of Human Service plan.

The costs are to be split by the Water District and the town, the decision states.

Greene said if it is necessary to meet the minimum separation, the existing water service line shall be relocated at the Water District’s expense.

Greene also said the town was substantially entangled in the installation of the replacement system, essentially acting as contractor. Furthermore, he said the town was especially familiar with this site since it had already performed essentially the same function at the time of the 1982 system replacement.

Greene said the town is partially responsible for correcting the situation resulting from the mislocated installation.

He also said the Water District substantially contributed to the mistakes made. The town requested District Superintendent Richard Jackson to visit the site in November 1997 to advise where the water lines were.

“Mr. Jackson failed to obtain a map to verify the location of the main and therefore failed to correctly advise that the main went across the York property under the leach field,” Greene said. “The North Jay Water District is therefore also partially responsible for the abatement.”

dperry@sunjournal.com

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