Huron Beach residents seek appeal panel review of case
Members of the Huron Beach Civic Association (HBCA), a group representing property owners along the Lake Huron shoreline between the Cheboygan County line and Rogers City, allege District Health Department No. 4 has not been fulfilling its obligations by consistently enforcing the sanitary code of Presque Isle County. There have been a half dozen reports of septic tanks overflowing, some of which have resulted in sewage ending up in Lake Huron, but with nothing being done, say HBCA members. There were a couple of incidents where sewage was reported on the ground, but when health department inspectors arrived to check it out, none was found.
THE SEPTIC SITUATION, among a host of several concerns investigated by the HBCA?s governmental & legal affairs committee, was brought before the District Health Department No. 4 officials in Rogers City, then the entire health board, which consists of county commissioners from Montmorency, Alpena, Cheboygan, and Presque Isle counties. The health board then sent the issue back to Presque Isle County, where HBCA has been considering filing an appeal.
But before filing a leave of appeal, they wanted make sure they had the right to do so, to not waste another moment of their time, or the $150 appeal fee.
THE COUNTY commissioners referred the matter to assistant prosecutor Gerald Gray at the commissioners? January 31 meeting. He sent a letter February 9 , wherein he affirmed the HBCA?s right to appeal, but brought about another question of whether HBCA had a ?vested interest,? as required by Section 201 of the Sanitary Code.
?I?m wondering now if the board of commissioners will take a look at this question of vested interest,? said Bud DeLong, HBCA committee member. ?We have been pursuing this for well over a year.?
?At this point we still do not have an answer on whether or not the Huron Beach Civic Association has a vested interest in accordance with Section 201 of the Sanitary Code,? said DeLong.
?WE PERCEIVE that we do. Again, we are respectfully requesting that the board obtain an answer to that issue,? said DeLong, who says they have documented information, but have been told by health department officials the septic systems in question are in compliance. ?It is my opinion you do have standing to bring an appeal,? said commissioner Don Field, ?regarding what you find are deficiencies from the health department, about not using correct setback.? A meeting of the health and safety committee, of which Field is a member, covered the issues March 25.
?I told you then, and I?ll tell you again, we?re going to do something about it,? Field said.
Field said they were going to refer the issues back to District Health Department No. 4 and ?find out why they (health department) didn?t respond to those specific problems you have.?
?The septic is leaking into Lake Huron, and why weren?t they going to do anything about it,? said Field. ?The ordinance was referred to Mr. Gray on Tuesday. I don?t think he?s had time to give the committee an answer as to whether we should be doing some type of ordinance.? Field went as far as to say an ordi
NEAR THE close of the discussion, Mike Darga recommended having Frank Krist from the District Health Department office in Rogers City appear before the county board at its April 9 meeting. Darga said he would contact Krist himself.
Krist was to attend the health and safety committee meeting, but wasn?t notified about a change in the meeting date, which was moved to the day before. Darga has discussed the situation with Krist, who ?has some information,? but wasn?t able to prepare it for the commissioners before the meeting last Friday.
DeLong said he wasn?t trying to take ?potshots? at anyone, but if there are regulations on the books, he, and members of the HBCA, would like to see them followed. The appeal process includes the establishing of a panel by the county commissioners, who then would conduct a hearing where they could hear the merits of the argument from the HBCA. Health department officials also would be given a chance to counter those arguements.