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Infant's Death Prompts Lids Warning

The onsite waste water industry is under extreme pressure of alternative thinking in its application and rules. Many times the ability to implement change for profit and in the name of environmental benefits happen so quickly we don't slow down enough to ponder the consequences of its potential failures. We get so involved in the ability to make changes we seem to forget to ask ourselves should we.

We would like to offer our service during any review or proposals. We believe we can offer valuable information through mistakes and successful experiences from the industry throughout Central and Eastern United States. Just one example of a mistake that should be considered is the issue of risers becoming mandatory and the safety of backyard playgrounds for children. Enclosed is information on some deadly situations in Florida and Indiana that should make all states reconsider exposure of units in backyards all across the United States. We are investigating reports of related deaths in other states. These above ground or exposed devices also expose the state, local agencies, contractors, and citizens to legal responsiblilties and possible litigations.


Infant's Death Prompts Lids Warning

Prompted by the death of a three-year-old boy who drowned in an uncovered, Palm Beach County fiberglass septic tank Feb. 9, the Florida Department of Health and Rehabilitative Services recently issued a safety memorandum to county health units and district administrators, calling for greater precaution in securing septic tank lids.

The child, Eric Rosales, apparently fell into the tank near his Lake Worth home because the fiberglass lid was not securely fastened or covered with soil.

Environmental Health Services Chief Eanix Poole wrote in his memo, "When the tank was originally installed in 1986, it was secured by ground cover. Over passage of time, the ground cover was removed for servicing the septic tank, thereby exposing the lids. It appears that after the tank was pumped recently, the lids were not sealed and backfilled with soil."

Poole said Sections 10D-6.054 and .055, Florida Administrative Code, address the issue of making access lids "... vandal, tamper and child resistant." The wording specifically addresses fiberglass septic tank lids in noting, "Tank lids shall be securely fastened or sealed to prevent unwarranted access to the contents of the tank and to make tanks vandal, tamper and child resistant.

"Acceptable protection of openings may include, but is not limited to,

"1. A padlock.
"2. An 'O' ring, twist lock cover requiring special tools for removal.
"3. Covers weighing 65 pounds or more, net weight.
"4. Stainless steel or other corrosion resistant fasteners for fiberglass, metal or plastic lids."

Poole said soil cover itself will not be considered an adequate method of securing a fiberglass septic tank lid. Soil cover shall be required, in addition to fastening the lid.

"It is not the intent of this memorandum to require that all previously installed septic tanks be uncovered for the sole purpose of securing the lids," Poole wrote.

"However, all future septic tank repairs shall require that tank lids be properly secured. In addition, Section 10D-6.052(4) addresses the maintenance associated with the pumping of septage: After septage is removed from an onsite waste disposal system, the original lid of the tank shall be put back in place, or be replaced with a new lid if the original lid is broken. The tank lid shall be completely sealed and the ground backfilled and compacted so that the site is left in a nuisance free condition."

Poole called on health unit administrators to emphasize the importance of securing tank lids during installations and repairs to their staff members, as well as industry contractors.

The Journal Gazette

Journal Gazette, The (Fort Wayne, IN)

August 6, 1995

Author: Death touches off debate on septic tanks
Toddler fell in after removing lid; family doubts plastic piece was
secure
By Jeni Bell Staff writer

Edition: FINAL
Section: METRO
Page: 9A
Dateline: GRABILL

Tyler Miller stood before his family’s entertainment center Wednesday night, staring up at a videotaped image of his almost 3-year old big brother on the family TV set.

The 2-year old watched intently as Ethan Miller, his face covered with raspberry stains, insisted to his parents that he hadn’t eaten any.

The video drew giggles from Tyler and his mother, Sharon Miller, as Tyler’s father, Joe watched silently from his chair. When it ended and the videocassette recorder had been turned off, Tyler cried to watch it again. He didn’t stop crying until the tape was rewound and playing again, Ethan’s face flashed on the screen.

“Tyler really misses him,” Sharon Miller said quietly.

Two weeks ago today, Ethan Miller died when he fell head first into the family’s septic tank in the backyard.

Since Ethan’s death, his parents have questioned whether the plastic lids that are designed to seal the tubes, known as cleanout risers, that lead from some yards to their underground septic tanks are sturdy enough to protect curious children from harm.

Two bolts fasten the plastic lids to the tops of risers of the same make as the Millers’.

Examining the tanks of neighbors near their Hurshtown Road home, the Millers found that the plastic lid on one could easily be pulled off by hand, and another could be pulled off with little difficulty.

At a third home, the residents had heard of the Millers’ tragedy and tried to seal their lid with caulking; however, the bolts to their lid were not screwed down tightly. “It’s a death trap,” Joe Miller said flatly.

The Millers assert that the plastic lids aren’t safe, that they should be made sturdier so that no child could open them.

They also believe that a plug covering the opening to the underground tank itself should be in place. Typically, the lid to the riser is the only thing preventing accidental access to the tanks, the Millers said.


The Journal Gazette

Journal Gazette, The (Fort Wayne, IN)

February 23, 1996

Author: Lesley Stedman The Journal Gazette

Edition: FINAL
Section: METRO
Page: 1C
Dateline: INDIANAPOLIS

Joe and Sharon Miller of Grabill have told their story dozens of times, trying to educate people about the possible danger septic tanks pose to children.

On Thursday, they told it once more, to an attentive and sympathetic group of lawmakers who were struggling to find the way to write a law that will prevent the deaths of children such as Ethan, the Millers’ son.

On July 23, 1995, Sharon Miller couldn’t find Ethan. As she and her husband searched frantically, she found the plastic lid that covers the opening of the septic tank in the backyard. The lid was open.

Joe Miller dug out the clean-out riser, the 3-foolt plastic tube about 10 inches in diameter that leads from the ground into the tank. He reached into the 2,000 gallon tank and pulled out Ethan.

It was too late. Despite resuscitation attempts, Ethan died. He would have been 3 years old that September.

Now the Millers are fighting to create laws that regulate the openings to septic tanks.

They want the riser tubes smaller, the tanks completely sealed with childproof lids and the lids buried at least 6 inches underground.

The House Environmental Affairs Committee on Thursday approved a bill that requires child-safety lids on the tanks.

The bill, authored by Sen. Richard Worman, R-Leo, has already passed the Senate. It now moves to the House floor for consideration.

“In my mind, the bill should be called ‘the common sense bill,’ because that’s what it is,” Joe Miller said.

But Reps. Phyllis Pond, R-New Haven , and David Wolkins, R-Warsaw, don’t think the bill goes far enough.

When it is heard on the House floor next week, they hope to change it with an amendment requiring new pipes to be no more than 6 inches wide too small for a child to slip through.

Wolkins also wants the tube sealed at the top and at the bottom, where it connects to the septic tank.