CHAMPION DEVELOPMENT EPA asks court to forbid off-lot septic systems

The EPA is worried duplexes could contaminate Chocolate Run.
WARREN -- The Ohio Environmental Protection Agency is asking Trumbull County Common Pleas Court to reverse a county health department decision to allow a developer to use off-lot septic systems on three duplexes in Champion Township.
The duplexes, being constructed by developer Jerre Hentosh on Center Street in Champion, are on properties too small for on-lot septic systems, which are preferred by the EPA.
"I think the EPA has every right to do this and I'm happy they are stepping in," said Gary Newbrough, director of the Trumbull County Planning Commission.
At a health board meeting Wednesday, board members blamed Newbrough for not accepting a compromise between the health department and Hentosh, which would have increased the depth of eight adjacent parcels owned by the developer. The change would have allowed him to use on-lot septic systems.
"We agreed to a viable option and Mr. Hentosh agreed with it and the planning commission declined," said Scott Thompson, a health board member. "We did what we thought was proper."
What happened
In September, the health board granted Hentosh the off-lot septic permits for five of the parcels after the proposal to redraw property lines was rejected by the planning commission.
Newbrough said the planning commission did not accept the proposal because it did not change the amount of frontage -- 100 feet -- allotted for each duplex. Planning commission regulations call for at least 125 feet of frontage for duplexes.
When the land was subdivided for Hentosh's development, Hentosh didn't tell the planning commission that he intended to build duplexes, and the planning commission didn't ask, Newbrough said.
But if it is going to be replatted, it should be done so in compliance with regulations, he said.
"You can go replat the lots with 125 feet of frontage and have enough room for on-lot septic systems," he said. "If you can't fit all eight of them on 800 feet of frontage, then maybe you can't have that many buildings."
The appeal filed by the EPA Friday does not explain the agency's objection to the off-lot permits.
However, in a letter to the health board and Champion residents, the EPA said that use of the septic systems in this case violated both state law and the state health code.
EPA officials have said they are concerned that if the systems fail, they could allow untreated waste to get into nearby Chocolate Run, a tributary of the Mahoning River.