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Commissioners press legal route after reports of leaking septic tank near county lake
Summary
County officials discussed a year‑long sanitation complaint in which a private septic tank reportedly leaked into a lake. Commissioners reviewed KDHE notices, discussed interim pumping to reduce public‑health risk and asked county counsel to advise on enforcement including fines, citations, or condemnation.
Bourbon County commissioners addressed a persistent sanitation complaint Dec. 15 involving a septic tank that county staff say has not been maintained for roughly a year and has been discharging into nearby land and toward a county lake.
Commissioners said KDHE notices were issued (April 5 and Oct. 7), each allowing 30 days for correction; staff reported the property was not brought into compliance. The county's sanitation code allows the county to pursue enforcement and, if necessary, misdemeanor fines that can be assessed per day of ongoing violation.
Commissioners discussed short‑term mitigation: pumping the septic tank to reduce sewage overflow (estimated roughly $160 for a 1,000‑gallon pump, per staff). Commissioner Milburn asked whether the county had authority to condemn a building or assess the property for remediation costs; staff recommended involving county counsel and KDHE. One commissioner suggested issuing repeated tickets and rolling court dates to compel compliance.
"If violation is not corrected in 30 days, the violation will be deemed a misdemeanor and punishable by a fine not to exceed $200 each day," staff noted while reading the KDHE/notice language during the meeting. Commissioners directed staff to forward documentation to county counsel for a 30‑minute follow‑up to determine next legal steps, and to coordinate with KDHE and the county assessor on enforcement and potential cost recovery.
