Chariots of Fire hires lawyer to argue case for Clayton tap-on

By DAVE HAMRICK
dhamrick@TheCitizenNews.com

Fayette County's refusal to allow Chariots of Fire Ministries to hook onto Clayton County's sewerage may land the county in court.

An engineer has declared the ministry's north Fayette property unfit for a septic system, and the ministry has retained a lawyer.

“The hope that I have is that after notifying them of our position and describing the necessity for public health purposes, and the appropriateness under the law of permitting my client to hook up with Clayton County, we can come to an understanding,” said Atlanta lawyer Brian Spears.

“Failing that, our only alternative will be to initiate legal action,” Spears added.

Chariots of Fire was founded two years ago by Bishop Luther Graham and works to help people who have lost their jobs and homes get back on their feet. The ministry has been plagued with problems ever since it purchased a house and outbuildings on 2.5 acres just east of the intersection of Ga. highways 138 and 279. The septic system failed, and raw sewage seeped out of the ground and ran down the street, prompting complaints from neighbors and increasing pressure from the county Health Department to resolve the problem.

After a new septic system also failed, Graham made an appeal to Fayette County commissioners to allow the ministry to use Clayton County's sewer lines, which run right past the property. But commissioners last month turned down the ministry's request, citing fears the sewer lines will then be extended to other Fayette customers and allow increased density of development in north Fayette.

Fayette's Environmental Health Department then ordered the ministry to hire soil engineers and dig test holes to find the best place on the property for a new septic system, but those engineers last week declared that there is no such place.

“In my professional opinion, the only remaining option is to connect the structure on this site to the Clayton County sewer,” said Martin McElhenny, consulting engineer, in a certification letter to Chariots of Fire board member John Ford.

Ford said once the engineer determined that a septic system won't work, the ministry could make a new appeal to the County Commission, but was told the matter can't be brought up again for six months.

He said the ministry then decided to retain a lawyer, and had hoped to find one in Fayette County. “Since we could not find an attorney in Fayetteville with a backbone, or who cared about what is right or wrong, we retained an Atlanta attorney,” he said.

Spears said if the county refuses to reconsider, “There are a number of legal arguments that can be made, including the view that denial of access to the sewer system under these circumstances is arbitrary and not in the best interests of the county or my client.”