Judge holds septic company in contempt

SANDUSKY — An Erie County judge has found a local septic services company in contempt of court and levied a suspended jail sentence and fines. The ruling by common pleas court Judge Roger Binette is a blow to Father & Son Septic Services, and its owner, Jim Coon, as the company continues a legal and regulatory battle with the Erie County Health Department. Last year, after health officials discovered that Father & Son had been dumping raw sewage into a farm field for months, the health department banned the company from doing business in Erie County. Father & Son then filed an appeal in Erie County, and the case was assigned to Binette. Binette allowed the company to continue doing maintenance for septic tank systems in Erie County but bans on hauling sewage and installing new systems remained in effect, pending the judge's final ruling on the lawsuit. In his contempt ruling, publicly released Thursday, Binette found Coon and his business in "indirect contempt" for violating the order not to pump sewage, ruling that Coon's business hauled sewage away from Brownhelm Country Market, 1605 N. Ridge Road in Vermilion. While the business is in Lorain County, all of Vermilion falls under the jurisdiction of the Erie County Health Department, and Coon apparently knew that, Binette ruled. The judge held Coon in civil contempt, sentencing him to two days in jail and fining him $250. But he said the jail sentence will be suspended if Coon pays $200 of the fine within 30 days. Binette also held Father & Son in civil contempt and fined the company $250 but said $100 will be suspended if the company pays the other $150. The judge said payment will also purge that contempt ruling. Assistant Erie County prosecutor Jason Hinners, who represents the health department, told local health officials how the ruling is a victory. "The most important point is the court found Father & Son and Coon in contempt," Hinners said. "This will be helpful in the administrative appeal filed by Father & Son for the 2025 registrations." Brent English, Coon's attorney, could not be reached for comment. His office said he was in trial on Thursday afternoon. Binette hasn't made a final ruling in last year's lawsuit. Here are other developments in the ongoing dispute: • The health department also banned the company from doing business in Erie County in 2025. In response, the company just filed yet another lawsuit in Erie County, claiming that the health board's action was arbitrary and not supported by the evidence. That new lawsuit, filed April 28, has been assigned to Erie County Common Pleas Court Judge Tygh Tone. • Last Tuesday in its regular meeting, the health board turned down an application to do business in Erie County by Family Septic Services, which is owned by Coon's stepson, Stephen Phillips. A letter to Phillips from the health department noted that Family Septic Services appears to share the same address with Father & Son and also pointed out that Phillips was listed as an employee of Father & Son as recently as last year. Board members appeared to believe that the new application was an attempt to get around the ban on Father & Son. Phillips contends this is not the case. "Father & Sons Septic Services is a separate company," he wrote in an April 6 letter to the health department. "I have little knowledge about what has transpired between the Erie County Board of Health and Father & Son Septic Services, LLC."