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Angry River Crest residents question Lincoln health board

March 18, 2005|EMILY BURTON

STANFORD - Years of complaints about sewage leaking down the hillside behind River Crest Subdivision were handled appropriately, the Lincoln County Board of Health said Thursday, as angry residents demanded to know why the situation has persisted for so long.

"The whole side of the hill is saturated with sewage. Everybody knows, but nobody's doing anything about it," resident Eric Rogers said in February.

The Health Department is following the letter of the law, and the board acted swiftly and appropriately immediately after it learned of the problem, said Board Chairman Rod Bates at the board's meeting Thursday. In order to prevent future problems in two homes currently under construction, board members unanimously approved a cease-and-desist order on the construction sites.

A non-compliance letter had already been issued to subdivision owner Bill Blankenship, said Bates, as well as a summons to appear in court. But the sheriff's department has had difficulty locating Blankenship to serve him, said Clyde Bolton, director of environmental health at the state health department. A similar summons was finally served in December in Garrard County after Garrard Environmentalist Heath Stone learned of sewage problems with Blankenship's New Haven subdivision. Stone had signed the summons in May.

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It could take equally long to locate and serve Blankenship in Lincoln County, Bolton said.

"We've tracked the summons to the sheriff's department. They've not been able to serve it, not for lack of trying, but they have to wait till he's in their jurisdiction," Bolton said.

"I don't know what we can do legally beyond what we did at this point," said Bates. It is up to the deputies and the county attorney's office now.

Why were additional sewage permits issued?

Blankenship was not present at the meeting, but several angry residents of River Crest were on hand to ask the board why human waste has been allowed to leak from supposedly temporary holding tanks behind their homes for years as additional sewage permits were issued by health department environmentalist Jack Metcalf, without an inspection of the site.

One resident, Ken Portwood, had complained to Metcalf and public health administrator Diane Miller for approximately three years before anything was done to censure Blankenship, he said. He has also contacted County Attorney John Hackley, the governor's office, the state attorney general and Environmental Health Management Branch Manager Ken Spach.

During that time, additional sewage permits for new residences were approved by Metcalf.

In a log of conversations kept by state environmental management technical consultant Jeff Gosser, Gosser wrote that Metcalf told him "when Eastern Kentucky started doing it right then he would worry about the little things."

In December, Gosser wrote in his log that Miller told him "that she did not see anything wrong out at the Blankenship property, it was a working process." Gosser said it should have already been completed, and to speed things up and suggested Metcalf actually visit each site before issuing permits.

"She asked how many health departments do that; I stated that I did not know that but hopefully all. She said none," Gosser wrote in his log.

Board members blame Blankenship

Board members said the bulk of the problem is with Blankenship. "We just haven't been working with someone who's doing what he's supposed to do," Shea Lair said.

But the issue now is not only the leaking septic systems, residents said.

"My complaint is with the way as a citizen I've been treated. Cause I feel the septic issue will be fixed," Portwood said.

Miller, who said little during the discussion, talked to Portwood in a harsh tone. "I think that I've been more than kind in giving the information requested. And I'm not going to sit here and let you tell me I'm not doing my job. We've got other things on the agenda, we need to move on," Miller said.

Several board members disagreed, and restated their positions in the case.

"Right now, it is in the hands of the county attorney, and that's where it needs to be," Chairman Bates said. "I'm sorry about (the situation). I will say that I think every member of the board will be anxious to look into what has been done, being done, and will correct ... I can't go much further than that, or make any more promises than that."

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