A letter dated Dec. 12 from Ohio EPA Director Craig Butler indicates “plans are approved subject to the condition of compliance” for improvements for Pineview’s water system.
“The applicant is responsible for obtaining all other necessary approvals, waivers or releases required by state, federal or local law prior to implementing this plan,” according to Butler’s letter. “Further, all construction must be supervised by a registered engineer, if required by law, or expert qualified in such work.”
The water system at the mobile home park on Farmersville-West Carrollton Road is the focus of a lawsuit by the Ohio Attorney General’s Office on behalf of the OEPA.
The agency has issued several violations to the park and its owner for failing to fix the system that has failed multiple times the past two years. In June a judge placed Pineview into receivership after owner Timothy Dearwester failed to comply with court and Ohio EPA orders.
The foreclosure process began last month after Montgomery County Common Pleas Court Judge Mary Wiseman granted the receiver – Lahni Consulting LLC of Cincinnati – approval to spend more than the $20,000 per month limit she set in June when the firm was appointed receiver.
The Nov. 3 order by Wiseman was “for the necessary repairs and improvements to the water system” at Pineview, court records show.
Court documents filed by Lahni’s attorney indicate a plan to spend $153,564 for “….the repairs necessary to satisfy all of the Ohio EPA’s top-priority items for bringing the water system into compliance with Ohio law…”
Dearwester consented Nov. 8 to a motion by North Side Bank and Trust Co. to pursue foreclosure of Pineview. When Lahni was appointed receiver, the owner was facing fines of more than $125,000 for failing to comply with court orders.
“The Dearwester interests desire that the properties be sold as judicially as possible,” court records show. “The Dearwester interests understand that the sale will be administered by the receiver appointed by this court.…”
North Side filed for foreclosure Nov. 16, records show.
“At this time, the North Side Bank believes that it is in the best interest to pursue foreclosure on this matter to marshal liens,” the filing states.
“In no way does North Side Bank, in this action, seek to derail any of the repair efforts initiated by the receiver,” it continues, “and in fact has agreed to fund said efforts in order to expedite the repair of the water system to the satisfaction of the Ohio EPA.”
The Dayton Daily News has been covering this issue for nearly two years, examining dozens of environmental and court documents, talking with residents, inspectors, attorneys and the site’s owner, among others. For comprehensive coverage on these subjects, go to mydaytondailynews.com
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