Rental home's water well tests positive for e. coli bacteria

By CHRISTINE S. DIAMOND
The Lufkin Daily News

Friday, August 31, 2007

Large pools of water and a drinking well at a rental home near Sam Rayburn Reservoir, owned by Lufkin attorney Mike Love, have tested positive for E. coli contamination, according to the Angelina and Neches River Authority.

Love failed to respond to requests for comment, sent by phone and e-mail on Thursday.

Because the affected well could contaminate the aquifer, nearby neighbors could also be in jeopardy and are empowered through Texas Water Law to file citizen suits against Love, said Pineywoods Groundwater Conservation District General Manager David Alford.

Water samples from these pools tested positive in March for bacteria indicative of "raw sewage," according to information obtained through the Public Information Act. One sample's level was 241,960 mpn/100 milliliter — that's 614 times greater than the level at which it is unsafe to swim in a lake, said ANRA technician Mike Parish.

ANRA cited Love for sewage contamination and installing a septic system without a permit, then referred the matter to PGCD.

ANRA is responsible for inspecting septic systems within 2,000 feet of the lake. PGCD oversees groundwater usage and quality in Angelina and Nacogdoches counties.

Love was told to apply for a permit to replace the failed septic system, and cap the drinking well because it was less than the required 50 feet from the septic tank at just 23 feet.

Love missed the deadline for both actions and instead appeared at the Aug. 9 PGCD meeting, stating that he neither built the rental house nor put in the septic system.

When his tenant began digging up the septic tank after it filled from heavy rains, Love said he told the man to stop and fill in the area that had pooled with contaminated water.

As the system failed, Love was required to put in a system compliant with current regulations — which Love said was impossible.

"You can't do that with this property. There is no way to get a well that many feet from the septic field tank," he said of the 1979 residence. "I'm committed to do whatever we need to do."

However he objected to capping the well and called the $5,000 he said it would cost to install a new septic system "a waste."

"If I need to move the well, I'll do that but no matter where I move it there will need to be a variance," Love said. "Let me get the well water tested — I hate to have it be fine, move it and then have a problem."

Tim Karczewski, an environmental lawyer representing both ANRA and PGCD, objected to the delay as Love had known of the health risk situation since March.

Considering the risk to residents and neighbors, board chairman Keith Wright and former chairman David Alders both emphasized the urgency for testing.

Samples taken Aug. 15 tested positive for fecal coliform and E. coli in the drinking water.

"We need to compel (Love) to move swiftly to sanitize the well," Alford stated in an e-mail to PGCD the board.

"Mr. Love will have to either plug the well or move the septic system and clean the well," Alford said in an interview.

"Mr. Love said he has notified the residents to not use the water."

The well is polluting the groundwater, Alford said.

"There can be fines involved if the situation is not dealt with soon," Alford said.

In a fax dated Aug. 23, Love contested the test results, saying the test was done incorrectly.

ANRA on Aug. 17 filed suit against Love in Pct. 4 Justice of the Peace Judge Claude Marshall Jr.'s court. Love responded by letter, pleading "not guilty," Marshall said.

Marshall said Love has no court date yet as County Attorney Ed Jones said he knew Love and "wanted to see if something could be worked out."

Jones said he hasn't yet spoken with Love, nor has he sought background casework, according to ANRA.

Christine S. Diamond's e-mail address

is cdiamond@coxnews.com .

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