Anti-Devola Sewer Advocates Lose Appeal

MARIETTA, OH — Today the Fourth District Court of Appeals turned down a motion to appeal a decision having to do with the Devola sewer project. DASH (Devola Against Sewering Homes) filed a motion trying to intervene in the sewer project. DASH is a non-profit organization formed to oppose a sewer system in Devola. They are led by a four-member board and attorney Greg DeGulis works with them as legal counsel.

Live in Marietta? Click here to subscribe to our free breaking news alerts delivered to your inbox and mobile devices. Follow Marietta Patch on Facebook and Twitter, and download our free Patch mobile app on Android or iPhone.

To understand what happened in the courtroom today we have to understand what happened years ago that led to this sewer project in the first place.

How we got here

Back in 2009, the county board of health found elevated levels of nitrates in the Devola drinking water. An investigation found the septic tanks were to blame. In 2012 the director of the Ohio EPA ordered the county commissioners to come up with a sewage improvement plan. They went with a $2,500,000 reverse osmosis system which was installed in 2014. However, some tests showed the nitrate levels in the water were still high. The county commissioners didn't submit a plan to install a sewer system by early 2015 as was required by a court order, so the Ohio EPA filed a court order. A trial court partially sided with the Ohio EPA in 2018 and ordered the Washington County Commissioners to comply with the 2012 court order.

What happened today

About 14-months ago, DASH filed a motion to intervene in the enforcement of the 2018 decision. That motion failed about a year ago, the trial court said they didn't meet the requirements to intervene, and that their motion wasn't filed in time. That denied motion was appealed, DASH argued to the fourth district appellate court that the trial court shouldn't have denied their motion. They say there were unusual circumstances in this case that weren't considered. The State disagreed and said DASH failed to establish any unusual circumstances that would justify intervention.

Moving forward

Attorney for DASH Greg Degulis said it's unlikely that the Ohio Supreme Court would entertain an appeal. "The other potential, we have filed an administrative appeal in Ohio before the Environmental Review Appeals Commission (ERAC)." This appeal is to force the director of the Ohio EPA to revoke the 2012 permit to install.

DeGulis said the ERAC appeal is their focus now. He's confident that if the ERAC tribunal hears their case, they've got a good shot at stopping this project. That appeal is pending. DeGulis said the process could get going in the next 30-60 days.

Washington County Commissioner James Booth says the commissioners are working hard to try to secure funding for the sewer project. "We are going to work with the DASH group." They've already secured more than $1,000,000 from the Army Corps of Engineers for this project. "This area will be sewered." The permit was issued to the county. "We were ordered to do it, we're going to follow through."

DeGulis said he isn't surprised that the commissioners are moving ahead even though there is pending litigation. "Right now there is a permit to install, it hasn't been overturned. I can see why they would want to proceed."

Booth said he doesn't foresee this project being blocked. He wants to keep the costs down for the folks in Washington County, and said the longer this drags on in court, the more it will cost. "My personal goal, my ultimate goal, is to get the whole project paid for."

Have a news tip or suggestion on how I can improve Marietta Patch? Maybe you're interested in having your business become one of our latest sponsors? Email any and all inquiries to me at christopher.schmitt@patch.com