Grieving father advocates for septic system safety after toddler’s death

MILLERTON — A father’s grief has driven him to fight for stricter septic safety requirements after the death of his 2-year-old son who fell into an unsecured septic tank.

Jonathan Rea, whose son Olly died on July 25 after falling into a septic tank, has taken to advocacy in the months following the accident — fighting to reform rules regulating septic tank covers. The effort is in its early stages, with Board of Health staff responding to Olly’s death with new guidance in September that specifies all new septic lids must have the ability to lock, while county officials work out whether they have the authority to guarantee the covers are actually locked.

The Reas were attending a wedding at their church, Faith Bible Chapel, on Saturday, July 25. Near the end of the day, after the newlyweds had left and guests had begun to clean up, Olly disappeared. After several minutes of searching, one of the church’s pastors discovered Olly had fallen into a septic tank on the property that had an unsecured lid and drowned. The death was deemed accidental by a Dutchess County Sheriff’s Office investigation, Capt. John Watterson said.

Jonathan said the death could have been prevented if the septic tank’s cover was locked or secured. But there’s a gap in regulations in New York State, he said. Under current regulations, septic tank covers at ground level must be lockable — meaning the covers can be locked or secured in some fashion — and property owners bear responsibility for ensuring their safety, but no system exists to verify the covers’ security on an ongoing basis after installation.

“Just one screw would have done it,” Jonathan said, referencing the unsecured plastic septic lid that covered the tank at Faith Bible Chapel. “Even though it’s a heavy plastic, it’s light enough for a 2-year-old to pick up.”

Jonathan said requiring covers to be lockable didn’t go far enough. He wants strict requirements that septic system access be locked and secured at all times. Other goals of his advocacy are implementing requirements that lid security be verified with a photo at the time of maintenance, and more standard safety features from manufacturers — such as nets inside the septic tank access that could catch animals or children who fall in.

Chris Drago, a County Legislator who represents Millerton, Pine Plains and Milan, has been working with the county’s Board of Health. Triggered by reports of the death in The Millerton News and outreach from North East Town Supervisor Chris Kennan, Drago began advocating for the Rea family with the Board of Health in September. In an email exchange he provided to The News, Board of Health Assistant Commissioner of Administration Anthony Ruggiero said Drago’s advocacy led to new Board of Health requirements for septic tank installation in September that are being phased in on plans under review, but the board’s jurisdiction concerns the septic system itself and not haulers or pumping.

Septic tanks in Dutchess County are regulated by the county’s Board of Health, while septic haulers — companies that pump and transport septic tank contents — are regulated by New York’s Department of Environmental Conservation.

The new guidance specifies septic system plans with ground-level access points must include water-tight and lockable covers. Those covers’ existence must be confirmed during Board of Health inspections, the email said, but Board of Health staff only inspect systems at installation and those inspections are done with all of the system’s components exposed.

The policy would not have applied to Faith Bible Chapel, which was constructed in 2002. Ruggiero said the new rules are being applied to septic systems currently under review by the board.

“The Board of Health is still sort of digging into what we could potentially do,” Drago said. He suggested requiring septic haulers to take photographs of locked septic lids and file them with the Board of Health to verify their security. He has not yet drafted or submitted any legislation to the Dutchess County Legislature, opting for now to consult with the Board of Health before proposing a new local law.

Ruggiero indicated support for that proposal in an email to Drago, but expressed concerns over how regulations could shift responsibility between property owners and septic haulers. He said requirements that haulers verify covers’ security might require a change in policy with the Department of Environmental Conservation’s hauler permitting process.

“Right now, responsibility for maintenance is the owners’,” Ruggiero wrote in an email to Drago. “We just want to be careful and not transfer responsibility to the haulers, who we do not permit.”

Ruggiero did not respond to a request for additional comment as of press time.

Jonathan and his wife, Darryl, are eager for a more immediate fix, but they may have to take the fight to New York’s capital if the county lacks the authority to implement their proposed changes. Drago said he wants to exhaust the county’s options before seeking a solution at the state level.

“I worry that going to New York State and having them try to change something is going to be a few years long fight,” Drago said. “I’d rather find something that we can do sooner than later at the town or county level.”

In service of the effort, the family has started a change.org petition to collect signatures in support of their proposed regulations seeking lockable lids and photo verification. The petition currently has 165 signatures, but the Reas say new signatures have stalled and they need more.

Jonathan and Drago remain determined to address the issue however possible, either through county regulations or taking the fight to Albany. Drago said he was encouraged by Ruggiero’s response, but he is still exploring options for what is possible at the county level.

“What else can we do? I don’t have that answer yet,” Drago said. “I’m encouraged that some things have been put in place in short order, but I don’t know if that necessarily goes as far as we need to.”

Jonathan echoed that sentiment, saying that lockability and actually being locked are two different standards. He said he doesn’t plan to give up if he doesn’t find success at the county level.

“I’ll close the gap myself,” Jonathan said. “I’ll stand on Albany’s steps.”