No septic tank results in rural arrests

HAYNEVILLE, Ala. -- Antonio Hinson and his family had a modest but comfortable life in their rural mobile home, where the bills were paid and food was on the table.

Now the family is broke, in part due to a Lowndes County judge's order to install a septic tank at a cost of more than $6,000. Hinson is one of dozens of low-income residents in one of the nation's poorest counties who face prosecution for not having septic tanks.

"They had a warrant out for my arrest," Hinson said.

Those facing prosecution have been given an ultimatum by the courts: Get a system installed within two months, or else leave the property or face 90 days in jail.

Health officials say the crackdown is unfortunate but necessary because of the threat of disease such as diphtheria and cholera from improperly disposed waste.

Human waste disposal can be a problem in rural areas that lack municipal sewer systems. Residents are forced to install septic tanks, which are buried underground and contain waste that flows from homes.

Some families who don't have a septic tank use an outhouse, with the waste collecting in -- and eventually dissipating from -- a hole in the ground below. Others run a pipe to a site where waste is treated, while some carry it to a remote location for disposal.

But still others dump the waste outside their homes, a potentially hazardous move that is often required when people have no money for septic tanks.

After being ordered to install a septic tank, Hinson bought a system and had an initial survey done but ran out of money before it was finished.

"They're so expensive," said Hinson, who is now in bankruptcy.

Lowndes County is listed in the 2000 Census among the 100 poorest in the country, with 29 percent of its residents beneath the poverty line. About one-third of its households don't have public sewage. There is no countywide sewer system, and its soil does not easily absorb water.

Most county residents facing prosecution for lacking a septic tank were cited after complaints were filed against them, generally by neighbors.

It's not pleasant to issue an arrest warrant because someone doesn't have a septic system, especially when many residents just don't have the money to buy one, said Ron Pugh, the health department officer who oversees sewage and septic tanks.

But under state law, Pugh said his office must send a legal notice to a residence if there has been a complaint about waste flowing freely on the property. He said the number of complaints he's received has increased in the last five years.

Waiting two months

Pugh turns to the district attorney for an arrest warrant if after a two-month period -- and often a second two-month notice -- a septic tank system has not been installed.

"It's a rough situation because of the money," he said. "Then you find those that can afford it but for some reason don't want to until you go to court with it."

Despite health concerns, many residents say county officials are being overly aggressive by issuing fines and serving warrants on people like Hinson, who have made an effort to get a septic tank system installed but are cash-strapped.

Health officials have taken court action before against residents without proper sewage disposal systems in poor, rural areas. But the number of people being prosecuted in Lowndes County is viewed by some as excessive.

Catherine Coleman Flowers is a Lowndes resident and representative of the Washington-based National Center for Neighborhood Enterprise, an advocacy group for the poor. She pointed out that some septic tank systems cost up to $12,000.

Flowers' group is holding a news conference and public hearing on the issue Wednesday.

"We're not saying people shouldn't have septic systems," she said. "All we're asking the courts to do is to cooperate with us and allow us to find a solution."