Justice on Starkey

Septic Installation Documentation

Evidence
Evidence
Documentation
Abby Tincher
Abby Tincher
Inspector
Ben Ginter
Ben Ginter
Inspector
Tara Thornton
Tara Thornton
Director of Environmental Health
Chris Balster
Chris Balster
Health Commissioner

Case Overview

This site documents the ongoing issues with septic system installation at 7547 Watkins Starkey Road and the failure of Warren County Health Department to enforce their own violations.

Open NOV's

# Cited Doc Date Issue Code Code Text
8/22/24 NOV - 2 Issues
1 County View 8/22/24 "The drain around the mound was not moving water" OAC 3701-29-16(D)(4), (E)(3)(4), (G)(1)(2)(3) (D)(4) Drains must ensure subsurface flow of water.
(E)(3-4) Proper slope and aggregate required.
(G)(1-3) Outlet must be accessible and prevent clogging.
2 County View 8/22/24 "The risers added to the tank were not watertight" OAC 3701-29-12(D)(2)(3) (D)(2) Riser connections shall be watertight and prevent vertical/lateral movement.
(D)(3) Riser joints must be watertight and use a gasket and/or sealant.
4/11/25 NOV - 3 Issues
3 County View 4/11/25 "The risers added to the tank are not watertight" OAC 3701-29-12(D)(2)(3) (D)(2) Riser connections shall be watertight and prevent vertical/lateral movement.
(D)(3) Riser joints must be watertight and use a gasket and/or sealant.
4 County View 4/11/25 "The soil used to cover the system was not acceptable" OAC 3701-29-15(O)(5)(a) (O)(5)(a) Fill material shall be of silt loam, loam, sand, loamy sand or sandy loam texture.
5 County View 4/11/25 "The drain around the mound was not moving water" OAC 3701-29-16(D)(4), (E)(3)(4), (G)(1)(2)(3) (D)(4) Drains must ensure subsurface flow of water.
(E)(3-4) Proper slope and aggregate required.
(G)(1-3) Outlet must be accessible and prevent clogging.
6/18/25 NOV - 16 Issues
6 County View 6/18/25 "Piping throughout system lacks adhesives to secure pipes" OAC 3701-29-12(P)(2) (P)(2) Building sewer shall be watertight with compatible fittings ensuring water-tightness.
7 County View 6/18/25 "Building sewer is backing up" OAC 3701-29-12(P)(1) (P)(1) Building sewer shall be aligned to accommodate plan elevations at uniform grade.
8 County View 6/18/25 "Building sewer disconnected from tank, causing tank to move and settle" OAC 3701-29-12(F) (F) Tanks shall be bedded, installed, and backfilled per manufacturer specs to assure structural integrity.
9 County View 6/18/25 "Tank area depressed, does not allow water to drain away" OAC 3701-29-16(B) (B) Surface water runoff shall not infiltrate or cause ponding around STS components.
10 County View 6/18/25 "Inlet/outlet chambers angled down while aeration chamber angled up" OAC 3701-29-12(F) (F) Tank shall be reasonably level to ensure outlet invert is lower than inlet invert.
11 County View 6/18/25 "UV light is angled upgradient" OAC 3701-29-12(O) (O) Components shall be installed per manufacturer specs and approved design.
12 County View 6/18/25 "Dosing tank not watertight, no support beams installed" OAC 3701-29-12(A)(J) (A) Tanks shall be watertight and structurally sound. (J) Dosing tanks shall comply with standards.
13 County View 6/18/25 "Dosing tank pump does not have a gate valve" OAC 3701-29-12(K)(3) (K)(3) Quick disconnect shall be accessible in pump discharge piping.
14 County View 6/18/25 "Dosing tank does not time-dose effluent as per design" OAC 3701-29-15.1(A)(2) (A)(2) Time dosing shall ensure dosing events are spaced uniformly throughout 24-hour period.
15 County View 6/18/25 "Mound covered by unknown plastic, not geotextile as specified" OAC 3701-29-15(O)(5) (O)(5) Site modification shall follow manufacturer's specifications.
16 County View 6/18/25 "Inspection ports not installed according to design" OAC 3701-29-15.1(A)(8) (A)(8) Inspection ports shall be installed for observation of distribution and ponding.
17 County View 6/18/25 "Distal heights of laterals were below 3'" OAC 3701-29-15.1(A)(4) (A)(4) Distal pressure shall be no less than 3 feet when using 3/16" or larger orifices.
18 County View 6/18/25 "Force main leaking, causing wet spot in yard" OAC 3701-29-15.1(A)(1)(a) (A)(1)(a) Supply network piping shall be watertight, rigid solid wall pipe.
19 County View 6/18/25 "Weephole installed incorrectly, pump not tethered" OAC 3701-29-12(K)(3) (K)(3) Lift attachments provided for pump removal without entering or pumping tank.
20 County View 6/18/25 "Drain system not working, drain between road and mound missing" OAC 3701-29-16(D)(E) (D)(E) Perimeter drain must ensure subsurface flow with proper construction.
21 County View 6/18/25 "No animal guard present at drain outlet" OAC 3701-29-16(G)(1) (G)(1) Drainage outlet must include rigid solid wall pipe and animal guard.

Documents

Documentation of Inspector Tincher's involvement and inspections will be added here.

Recorded Statements vs. Reality

The following table documents statements made by Inspector Ben Ginter during recorded conversations that contradict the NOV findings and Ohio Administrative Code requirements.

Listen Date Ben's Statement Reality / NOV Finding Code Violated
1:00 10/23/25 "The main house was not connected...I have no evidence that it was ever connected...your house was not hooked up for a year." System "passed" inspection while never actually connected to the house for over a year OAC 3701-29-12(P)
0:35 10/23/25 "If you hadn't sent her [Abby] back out, it would have gotten approved." Ben: "Yeah. Oh yeah." Ben confirms completely non-functional system would have been "approved" without homeowner persistence
0:30 10/23/25 "My sewage is just a few feet from my house?" Ben: "Apparently...100%. That is what's been happening." Sewage discharging near home for extended period while system was "approved" OAC 3701-29-16(B)
0:30 10/23/25 "None of what you see out there is compliance with that [the design]...the design is very clear." Ben confirms entire installation violates approved design specifications OAC 3701-29-12(O)
0:35 10/27/25 "60% of the back drain...has been pulled up...because there's no gravel in the trench." "Only 30% of the way down is where the gravel and slotted pipe definitely exists. So I'm guessing they got lazy." Ben acknowledges 70% of drain installed incorrectly - yet system was previously "approved" OAC 3701-29-16(E)(3)(4)
0:30 10/27/25 Quoting INSTALLER: "It could have happened to anyone." Ben's response: "No, it's never happened to anyone ever." Ben confirms this level of failure is unprecedented, yet no enforcement action taken
0:45 10/27/25 "He literally doesn't know what he's doing...he told me he doesn't read installation manuals...he just looks at the pictures on the design." Despite acknowledging installer incompetence, county continues to allow him to work on the system OAC 3701-29-12(O)
1:20 10/27/25 "She [Abby] should have been more diligent...How could you not draw that conclusion reasonably?" Ben admits county inspector failed to properly oversee the installation
0:15 10/23/25 "He thinks he manipulated the risers and said 'look it's good.'" NOV 8/22/24 & 4/11/25: "Risers added to the tank were not watertight" OAC 3701-29-12(D)(2)(3)
0:25 10/27/25 "He also told me the job was perfect." Building sewer was not hooked up for 15-17 months; sewage discharged feet from the house OAC 3701-29-12(P)
0:25 10/23/25 "We have such limited power...the building department...they told us we don't care." Ben admits systemic enforcement failures at county level
0:35 10/27/25 "I'm nervous because he's gonna plastic weld this thing and then turn around and put it in the next guy's house in Greene County...and he's just gonna have that portion covered up when the inspector's there." Ben expresses concern installer will commit fraud on future customers OAC 3701-29-12(A)
0:20 10/27/25 "These drains are reliable. They're very, very basic." NOV 8/22/24 & 4/11/25: "The drain around the mound was not moving water" OAC 3701-29-16(D)(4)

Ben Contradicts Himself

The following table documents instances where Inspector Ben Ginter's own statements contradict each other across different recordings.

Listen Ben Says... Listen But Also Says...
0:20 "These drains are reliable. They're very, very basic."
10/27/25
0:35 "60% of the back drain...has been pulled up...because there's no gravel. Only 30% is where the gravel and slotted pipe definitely exists. So I'm guessing they got lazy."
10/27/25 (same call)
0:25 "I'm so sorry about my part...standing on that mound and being like, oh this is going to be fine...these things [work] forever."
10/23/25
0:25 "I was totally wrong. I'm wrong for a living it seems like nowadays."
10/23/25 (same call)
0:20 "I knew if INSTALLER got an extra week to do it he would damage it."
10/27/25
0:45 Yet Ben allowed INSTALLER to continue working on the system for over a year, knowing he would cause damage.
0:15 "My boss hasn't let him pull any permits the entire season."
10/27/25
Yet the county continued to allow INSTALLER to work on this property and others throughout the season.
0:45 "From a legal perspective...you have to prove that she was not operating with [due diligence]...we're so protected...it's qualified immunity."
10/27/25
1:20 "She should have been more diligent with this...How could you not draw that conclusion reasonably?"
10/27/25 (same call)
0:25 "We have such limited power...people move into their houses without Health Department approval literally every day."
10/23/25
0:25 "This should be so easy for a homeowner. You write the check, the guy installs, the health department evaluates."
10/23/25 (same call)
0:35 "If you hadn't sent her [Abby] back out, it would have gotten approved." "Yeah. Oh yeah."
10/23/25
The county's own inspector admits a completely non-functional system would have been "approved" if not for homeowner persistence.

The "Expert" Who Admits She's Learning

When homeowners ask Commissioner Chris Balster who can answer their technical questions about sewage systems and code requirements, he directs them to Tara Thornton as the knowledgeable authority. However, Tara herself admits she is new to this field.

Chris Balster Says:

"I'm going to connect with Tara for more info..."

"Who can I talk to that has more knowledge?" → Directs to Tara

Yet...
Tara Admits:

"I'm new to sewage land... this is a learning experience for me."

0:21

The Problem

  • Circular Accountability: When homeowners seek answers, they're directed to someone who admits she's still learning the job.
  • No Real Oversight: If the Director of Environmental Health is "new to sewage land," who is actually qualified to evaluate these systems?
  • Homeowner Left Unprotected: Technical questions about code violations and system failures are being handled by someone without the expertise to answer them.

Outstanding Documentation Requests

During a recorded conversation on 12/11/25, Commissioner Balster failed to adequately address 39 questions from the homeowner. The following questions remain unanswered or inadequately addressed and require formal documentation.

Response Summary from 12/11/25 Meeting

39 Questions Inadequately Addressed
12 No Response (31%)
10 Deflected (26%)
17 Partial Answer (44%)
Status Category Question / Documentation Request Evidence
County Accountability & Liability
No Response Accountability "How is Warren County not catching those things and not citing those violations... where is the protection for me as a homeowner?" 21 Open NOVs
No Response Accountability "Who protects us?" Ben: "Would've been approved"
No Response Accountability "So you have no responsibility to protect me as a homeowner?" Ben: "Limited power"
No Response Liability "The county is not liable whatsoever. Is that what you're saying?"
No Response Liability "Is [the county] willing to take any accountability from the county standpoint?"
No Response Liability "But then who represents me as a homeowner when something massive happens as a result?"
Partial Protection "How are you as the county who are supposed to be my trusted source of information? How are you protecting me as a homeowner?" Ben: "More diligent"
Partial Liability "Would you agree [that the county takes zero responsibility]?"
Inspector Negligence (Asked 5+ Times - Never Answered)
No Response Negligence "You don't believe there was any negligence?" Ben: "Should've been more diligent"
Deflected Negligence "Was there any negligence from your inspector?" Ben: "Should've been more diligent"
Deflected Negligence "Do you agree that it was negligent for your inspector who knew he was incapable... allowed him to do it?" Ben: "Doesn't know what he's doing"
Avoided Negligence "Do you think there was negligence on the part of your inspector? Not on INSTALLER, on your inspector that morning." Ben: "Would've been approved"
No Response Negligence "Would you agree that is negligent?" Ben: "Never connected"
Inspector Competence & Training
No Response Competence "How is somebody who said six months ago she was new to sewage land, the person that you were going to [send] with my questions? How is she the trusted advisor here?" Tara: "New to sewage land"
Partial Competence "Who can I talk to that has more knowledge than you do? Who do I talk to that knows the code?" Tara: "Learning experience"
Partial Competence "Who in the county has the information and the knowledge and the authority to answer these questions?" Ben: "Nothing in compliance"
Contractor Accountability & Registration
No Response Contractor "So would Ben disagree now? Is he not going to say he does believe Lucas is competent?" Ben: "Doesn't know what he's doing"
No Response Contractor "Do you believe that is reasonable for the county to tell us he's not capable... then to turn around and say we're still gonna insist you allow him to come out?" Ben: "Never happened to anyone"
Deflected Contractor "Do you believe it's reasonable to continue to give somebody opportunities to correct the issue when they've proven they are incapable? Person to person, do you believe that's reasonable?" Ben: "Told me job was perfect"
No Response Contractor "You don't believe we're at that state yet? You don't believe he's proven he should not be allowed to fix NOVs?" Ben: "Worried about fraud"
Partial Contractor "At what point is the county going to say... we're not going to allow him on anyone's property?" Ben: "No permits this season"
Partial Contractor "So the county doesn't believe that [permanent action] needs to happen?" Ben: "70% drain wrong"
Environmental & Health Concerns
Partial Environment "How can a crush tank sit in the ground still getting sewage? Do we need to excavate this? Can we see this? Do I need to disclose this?" Ben: "Not connected for a year"
Deflected Environment "How is that okay? And he's not demanding that be fixed?" NOV: Tank not watertight
Partial Environment "Did [anyone] have an answer to whether we should be concerned that sewage has been going into the ground for a year and a half?" Ben: "Sewage feet from house"
Deflected Environment "It's concerning that there is effluent sitting in a crush tank in my yard? What more information do you need?" Ben: "100%. That's what happened"
No Response Environment "Who can tell me definitively?"
Partial Environment "Clearly it's not a concern because nobody says we should do something about this. Would you agree?" 21 Open NOVs
Options & Next Steps
Avoided Options "Who's going to pay for that system to be completed when we know the contractor is incapable?" Ben: "Doesn't know what he's doing"
No Response Options "Do you believe that would be a good option? Do you recommend that option? Personally, do you believe that's a good option for me?"
Deflected Options "You're recommending I ask him to come back out and try again?" Ben: "Knew he would damage it"

Action Items & Notes

📋 Request Oath of Office Documentation

Per Ohio Revised Code Section 3.24, all county officials must take an oath of office before performing their duties. This oath requires them to perform duties faithfully, honestly, and diligently.

Action: Submit public records request to Warren County for signed oath of office documents for:

  • Ben Ginter (Inspector)
  • Abby (Inspector)
  • Tara Thornton (Director of Environmental Health)
  • Chris Balster (Commissioner)

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