Police Would Not Press Charges Against a Trespasser

It's good to hear that you are making progress.

But I doubt under the circumstance that the prosecutor will file any charges against a city or town employee for criminal activity when they were acting under the color of their responsibility as a municipal employee. You will most likely be left with a civil action against the town for negligence and damages to recover your damages. I still believe that the employee had no legal authority to cut your locks without a warrant.

If you are left with only a civil remedy or cannot come to some sort of settlement, be a wear that your state probably has a tort claim act that has to be complied with to sue your town or city. You should look that up because notices have to be filed in a timely manner to let them know that you will be filing suit if it comes to that.

You really should be consulting an attorney if you intend to try and recover your damages.

It is the county that checks both sewer hookups and online processing (at least up here in Fairfax and Loudoun). Different offices handles each.
They pretty much ARE entitled to trespass in the name of public health on these matters. You'll not get ANYWHERE trying to get them prosecuted.
As for the rest, there's too much vagueness in your post (and you obviously can't explain what the inspector was thinking). You're best bet as far as the damages would be to consult a lawyer (unless a complaint to the appropriate county office doesn't yield any results).

The op had stated that if the producer of waste was contracted with some certified/licensed entity the rights afforded the county/state are limited. Op states he is contracted with such an entity. If the ops statements are true then the county employee had no right to act as he did.

Quote:

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Quoting jk

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The op had stated that if the producer of waste was contracted with some certified/licensed entity the rights afforded the county/state are limited. Op states he is contracted with such an entity. If the ops statements are true then the county employee had no right to act as he did.

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We don't know that. We know the OP's version of events, not the county/city employee and their rights and responsibilities.

The OP can talk to the prosecutor as he has indicated, but I doubt that will result in any charges unless the employee was clearly outside the scope of their authority. He can also seek to sue in Small Claims court, or, take the matter to a higher court if the amount of damages are higher than what SC allows. Whether or not he will prevail will depend on facts we do not have (as in, why the employee made entry and under what legal authority - if any).

Not in the counties here I am familiar with. It doesn't matter who provides your waste/septic the DEH has the rights to require permits and to inspect.
It doesn't matter if the oil is pumped into a cistern and trucked away by a private hauler.
Still there's more to this story than we're getting from the OP.

Just got back from a meeting with the waster company and the prosecutor. The down side is that they were at the same meeting and holding each others hands.

The prosecutor has given the water company 24 hours to show that they had a legal right to enter and the employee was properly certified.

The prosecutor also gave me 24 hours to show that what he did was potentially dangerous. I do have my paper work together for this.

I made a deadly sin and called OSHA when I left the prosecutors office. I have meet with them and they have started an investigation. I have been told that they will be out first thing in the morning to inspect everything and as long as the fence is properly posted it would be a confined space and there would have to be 2 people present to enter. I'm told they will give me an inspection report by noon for the prosecutor.

Flyingron
I understand that you have a limited knowledge when it comes to waistwater systems. If you ask a question I have a good chance at being able to answer it. I do have my Industrial Waste Treatment Certification. I'm not able to know what someone was thinking when they would not tell me and is now hiding behind there management.

You are right that the DEH has the right to inspect, but they also have to follow there own guidelines and to do it in a safe manor. The worker in question dose not work for the DEF, did not follow the right guidelines, and did not do it in a safe manor.

Your insult is uncalled for. I can not help you further. I answered within the scope of the limited information you presented.

I'm not even sure why you are here other than to rant at us.

I did come for help and most of what has been posted has been helpful. There have been some questions asked and also some comments on lack of information on my part from not knowing what is needed. If a question is not asked I don't know what to post. I am unable to read someones mind when it comes to what someone thinks that will not communicate.

I learned years ago that good communication takes 3 steps. Send, receive, and repeat. It's very hard to find people that can effectively communicate in person and gets even hard when it comes to text or a chat forum where part of the responses do not read or try to understand everything said before there response.

The last thing I wanted to do was to piss someone off. Asking someone to ask me a question instead of assuming information to me is not an insult.

I feel that I now have a decent idea on how to proceed.
I would also like to thank everyone for the time they spent with me.