My question involves a consumer law issue in the State of: VA

I'm not sure if this is the right place to post this question, but it's as close as I could find so here goes..

My husband and I have been engaged in an ongoing headache with the local county health department, and the Department of Transportation (VDOT)

The problem is somewhat complex.

Our property is on a slope, and the house sits below street level. Our property uses a septic system, and for some reason the septic tank distribution box was placed beneath the driveway. I have the original paperwork from the health department that was issued when the property was built in 1988, and it states that the septic tank and systems etc are
located on the OTHER SIDE of the house from where it actually is, and there is even a notation on it stating to not place the distribution box for the septic system under the driveway!

It was signed off by a county health inspector as being built correctly to the paperwork, when in fact it's backwards.


Because of the way the road is paved, we get all of the water from the street running straight down our driveway as the road is coming downhill towards our property, then it rises again as it continues further into the neighborhood. Directly across from the driveway is another street, which is also graded downhill towards the driveway so we end up with a mini-waterfall running down the drive everytime it rains.

The end result is a series of issues:

1. The water is washing out soil/sand from under the driveway, so that it is visibly sinking and causing cracks. You can see where sand / dirt is being washed out by looking at how the water flow runs as it moves downhill over the property and the driveway is uneven and in places the concrete is sinking at the lower end so that it's lifting up at the other end of the concrete section.

2. The shifting of the driveway has caused issues with the distribution box in the past, which we learned after buying the property. It was not disclosed at the time of the sale, but the previous owner had issues with it as well. We paid $3000 to have it repaired 2 years ago, and I have the paperwork from the contractor stating that the cause of the issue was that rainwater running down the driveway causes the sand which is under the driveway and which surrounds the distribution box to shift so that it's uneven and effluent instead of being dispersed through all four lines only travels down two lines.

3. The water coming down the driveway is also washing out sections in the back yard, depositing sand in clear paths as the water flows with each rainfall.


I've had the county health inspector out here giving me a hard time because the issue developed again after a hurricane and I needed to have a contractor come out and repair the distribution box issue again. She refused to sign the work permit.. and stated that she felt the only option for us was to get the property attached to the county sewer system which was being installed that summer and originally was supposed to go through the entire neighborhood. Due to budget reasons, they revised the plan for bringing the county sewer system back and only came back part way into our neighborhood, just far enough to be able to extend it over to where new houses were being built and it stopped two houses from our property so that we were not able to connect as planned.

Meanwhile, my yard is being damaged by water. My driveway is being damaged by water. I've had water get under our house through the vents to the crawlspace area under the house when a heavy rain moves through the area.

I've had the county inspectors out. .and they state in their paperwork that yes there's a problem but it's VDOT's responsiblity to correct the flow of water from the street so that it does not flood our property and flow down the driveway.

A work crew came out from VDOT, who assessed the problem and then said it was not THEIR responsibility but it's the county's problem to get it fixed because there is supposed to be an easement for water flow to drain from the road down into the water systems between our property and the next .. which was never installed.

So..

We're stuck

I can't get the septic issue fixed because the county health department wants the house to be connected to the sewer line which stops about 120 feet from our property. The county offices say they have the issue on a list of work to be done, but there is no estimate for when they'll take care of it.

Meanwhile, my driveway is cracking and shifting. My yard is being washed out so that there are rather large holes developing where water flow from each rain is washing out soil..

And I'm unable to get someone to come fix it on my dollar to pay for it because the county won't approve the work permits.. and won't come fix it as they keep insisting they will do instead.

Other than packing my belongings and moving..

Is there anything I can legally do to get the county out here to attach our property to the sewer line as THEY insist must be done..

Is there anything I can legally do to get VDOT to fix the water drainage issues so that my yard isn't flooded out and my driveway repaired?

I have photos taken of water cascading down the driveway like a miniature river, photos of the water coming down and washing out where the damaged areas are, photos of water under the house where it gets in through the vents at the front of the house by the driveway..


I have emails and letters from the county stating clearly that they want the property connected to the main sewer line.. but they won't come do it!

Help?