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Discussion Starter · #21 ·
It's time for an Attorney....who isn't afraid to litigate.
You need an attorney who will put the fear of God and a massive lawsuit into your neighbors soul.
Also, if what you are describing is true, your neighbors have to be violating several federal and/or state laws.
Wish I could afford a good attorney. A few years back I had three back surgeries in six days. The last was to try to fix what was done wrong in the second. I had to refinace the place to get the medical bills paid. I talked to four attorneys and none would do a malpractice suit even though the surgeon said a piece of equipment failed to work correctly.
My normal luck…
 

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I would take samples of the run off water and your well water and have it tested. That doesn’t look good. If you can document contaminants in the water hire an attorney. Public officials may or may not be helpful. You have to find the right person in a sea of incompetence. Public officials often have their own agenda. An attorney will fight for you.
 

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Discussion Starter · #23 ·
I would take samples of the run off water and your well water and have it tested. That doesn’t look good. If you can document contaminants in the water hire an attorney. Public officials may or may not be helpful. You have to find the right person in a sea of incompetence. Public officials often have their own agenda. An attorney will fight for you.
The well water tested ok according to the Ohio EPA a few years ago. That is where the county health department sent it for testing.
 

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I am 71 disabled and have a list of health problems. December 23rd I had an emergency tracheotomy. Two weeks later my whole colon was removed on a Sunday evening surgery.
As it is I have no idea how I could get this place sold for what it should be worth. This is the fix they made to the fence after they knocked it down loading a junk car. This is what it looks like from my side.
View attachment 488167
You should get your trustees involved, it’s their job.
 

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Discussion Starter · #29 ·
Get ahold of your local news, they love this kinda stuff...I bet they'll be right out.
Tried that. They came out and tried to interview the owner. He tried to take away his microphone and told him that we should be shot.
a grandson shot two people that tried to rip him off when he sold them a pound of pot.
Sheriff did a raid and found $300,000 worth of stolen items. But they are still in operation.
 

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35 years in gas and oil.

We were not allowed to spill anything where it was not supposed to go. If anything was spilled, it was required to be cleaned up.

Noticed that they would let small producers get away with murder. A big company would be cited and fined for teh same infractions.

I guess the EPA only enforces their rules on certain industries. Those with deep pockets that will actually pay the fines and not just go bankrupt.
 

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Trustees were told by Prosecuting Attorney that they could get sued by the owner if they tried to close him down.
That's not correct....or even close to correct.
You are, unfortunately, consistently getting very bad advice....which is why this problem won't go away.
 

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It looks like you're out in the sticks where there is little to no zoning regulations, let alone enforcement. The only way the township could shut it down is to declare the property a nuisance and say it violates one of their zoning regulations. The property owner has the right to sue the township if he disagrees with the nuisance order and doesn't want to shut down.

Any industrial facility where there is the potential for contaminants to be leaked onto neighboring properties is required to have an industrial NPDES permit on file with the Ohio EPA. This permit regulates contaminants from industrial operations and requires the owner to contain or treat any waste including surface water runoff that could contain oils or other fluids. I believe you can check the Ohio EPA website to see if this site has a permit. I'm not sure, but it may be too small of a site to require one of these permits. Or maybe, they can say that all the fluids are drained from those cars before they get to the site. Call the Ohio EPA department that deals with these permits. If the site is in violation of the permit, the Ohio EPA can shut it down. They usually give a few warnings first though.

You might want to have the soil tested where it is ruining your yard. The contaminants may not have made it to your well yet. If this soil is contaminated, it will help build your case against them. The dirt there might just be sediment from the gravel lot with little to know contaminants. Still, I believe that the EPA considers excessive sediment runoff from a constantly disturbed site to be a pollutant. The EPA may require them to build a sediment basin to capture that runoff. I once had to design 2 sediment basins and a new storm sewer for a concrete mixing company. Some of the fine cement from the mixing process had run off into a storm sewer on the road and over the years the cement accumulated in the pipe and clogged a 24" diameter pipe! The cement had hardened with the sediment and the whole run of 500' of pipe had to be replaced.
 

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Discussion Starter · #33 ·
It looks like you're out in the sticks where there is little to no zoning regulations, let alone enforcement. The only way the township could shut it down is to declare the property a nuisance and say it violates one of their zoning regulations. The property owner has the right to sue the township if he disagrees with the nuisance order and doesn't want to shut down.

Any industrial facility where there is the potential for contaminants to be leaked onto neighboring properties is required to have an industrial NPDES permit on file with the Ohio EPA. This permit regulates contaminants from industrial operations and requires the owner to contain or treat any waste including surface water runoff that could contain oils or other fluids. I believe you can check the Ohio EPA website to see if this site has a permit. I'm not sure, but it may be too small of a site to require one of these permits. Or maybe, they can say that all the fluids are drained from those cars before they get to the site. Call the Ohio EPA department that deals with these permits. If the site is in violation of the permit, the Ohio EPA can shut it down. They usually give a few warnings first though.

You might want to have the soil tested where it is ruining your yard. The contaminants may not have made it to your well yet. If this soil is contaminated, it will help build your case against them. The dirt there might just be sediment from the gravel lot with little to know contaminants. Still, I believe that the EPA considers excessive sediment runoff from a constantly disturbed site to be a pollutant. The EPA may require them to build a sediment basin to capture that runoff. I once had to design 2 sediment basins and a new storm sewer for a concrete mixing company. Some of the fine cement from the mixing process had run off into a storm sewer on the road and over the years the cement accumulated in the pipe and clogged a 24" diameter pipe! The cement had hardened with the sediment and the whole run of 500' of pipe had to be replaced.
Had runoff water tested and soil tested. Both were loaded with oil contamination. It didn’t make anyone do anything. They claim the vehicles are drained before they get them but some are driven there. I have pictures from yesterday when a semi tractor, blocking my driveway, on a wrecker was leaking from a damaged fuel tank. The cars are placed on the ground and smashed flat with a track hoe.
 

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recommend you take this conversation offline, develop a plan of attack, and go full force to you county prosecutor and oepa at the same time. I was there similarly in 2005, posted on OGF then, and resulted in fines snd shutdown of two paper pkants in Hamilton and the city of hamilton getting a hefty fine. check your pm
 

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Discussion Starter · #35 ·
recommend you take this conversation offline, develop a plan of attack, and go full force to you county prosecutor and oepa at the same time. I was there similarly in 2005, posted on OGF then, and resulted in fines snd shutdown of two paper pkants in Hamilton and the city of hamilton getting a hefty fine. check your pm
Ok
 

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That place has been in business for 30 years. I’m betting the owner is in bed with someone.
Or the result of two people being in bed!!
im not an attorney but from what’s been said here I think I could make the case.
I would have every rep up to my senator on speed dial and would call daily just to aggravate
 

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Discussion Starter · #40 ·
Or the result of two people being in bed!!
im not an attorney but from what’s been said here I think I could make the case.
I would have every rep up to my senator on speed dial and would call daily just to aggravate
All the elected officials in this area are the same party as him, and he donates lots to the party…
 
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