A 6th Judicial District Court judge ruled Tuesday that Darlene Mann, the embattled owner of Lightner Creek Mobile Home Park, must comply with a Feb. 15 cease-and-desist order issued by Christina Postolowski, the program manager with the Mobile Home Park Oversight Program at the Colorado Department of Local Affairs.
The mobile home park, which has had problems related to its wastewater system for decades, caught the attention of the state earlier this month after residents reported that sewage had spilled onto one lot and that water service had turned off throughout the property. The park’s residents have now endured 16 days without running water.
Judge Kim Shropshire found that Mann had not complied with the cease-and-desist order, which attempted to enforce the state’s Mobile Home Park Act, by failing to: provide potable water; provide sufficient bathroom facilities; adequately address a sewage spill on the property; and reimburse residents who produced documentation of expenses related to the lack of water.
At the request of the county, the American Red Cross of Western Colorado delivered 180 gallons of water to residents on Saturday, and the city opened the doors of the Durango Community Recreation Center for residents to shower for free.
Although the park does not fall within city limits, Recreation Center Manager John Robinette said the Lightner Creek residents may use the facility’s showers for free by showing proof of address at the front desk. As of Monday afternoon, eight residents had done so.
According to residents, Mann had provided minimal water to residents and portable toilets did not show up until Thursday – 11 days after water service ceased.
DOLA was granted a temporary restraining order by the court compelling Mann to provide 20 gallons of potable water daily to each resident, have more portable toilets delivered, clean up the spilled sewage and reimburse residents who submit receipts for expenses related to the outage.
The hearing got off on an unsure foot when John Seibert, the attorney representing Mann (who was not present), said he had only learned that the hearing was to be held an hour before it began. The state called five witnesses; Seibert said he would have presented evidence if he had had time to prepare.
“It was an ex parte hearing, basically,” he said afterward. “... Bottom line is, Darlene is trying to fix this thing and she wants people to have water.”
In essence, Seibert indicated that Mann had made and continues to make good-faith attempts to provide resources to the park’s residents. Furthermore, he alluded to the possibility that the sewage spill might be the responsibility of Bart Collins, the resident who removed a cap in the system that allowed sewage to spill out in order to prevent it from backing up into his home.
The state’s contention was that Mann’s efforts were insufficient in many regards.
Mann provided 180 gallons of water in two containers within a few days after water service shut off.
Lead Drinking Water Engineer at the Colorado Department of Public Health and Environment Tyson Ingels testified that the agency had no way of knowing whether the water provided was potable, and thus had to issue an amended “Boil Water Advisory” for that delivered water (such an advisory was first issued Feb. 14 as a standard practice whenever a water system loses pressure).
The law states that landlords of mobile home parks are “responsible for and shall pay the cost of providing alternative sources of potable water,” meaning that providing non-potable water is not sufficient for compliance.
CDPHE decides whether water is potable, and Ingels testified that the agency has easy systems in place to work with landlords to provide water that complies with the law.
“We have asked for communication on multiple fronts and not received it,” Ingels testified.
Ingels said that potable means the water is safe for consumption, cooking, doing dishes, bathing and other domestic tasks. Excluding water for laundry and flushing toilets, Ingels said the average person uses 10 to 30 gallons of water per day, meaning that the park’s estimated 75 residents would need a minimum of 750 gallons of potable water per day. He deemed the 180 gallons of water delivered from an unknown source insufficient.
Reed Thompson, who lives in the park with his partner and six children, said his family had already run out of the 15 gallons of water delivered by the Red Cross on Saturday.
He testified that the water Mann had delivered in tanks was useful only for flushing toilets.
“That’s all it’s good for” he said. “... You cannot bathe with that.”
Although Seibert tried to paint a picture in which his client was working diligently to restore water service and working with residents by offering a $100 discount on rent for the month, Shropshire said that was not enough.
She ordered that Mann provide more portable toilets, although the exact number will be determined after Torrey Samson, assistant attorney general representing the state, makes a recommendation. Mann must also take appropriate steps to clean up the sewage spill, including removing contaminated dirt and snow.
The court also ordered Mann to reimburse residents who submit proof of expenses related to the outage until March 15. Some residents, including those who testified, said they do not have receipts for certain expenses, such as filling water.
Kacey Anderson, who has had to do laundry at a laundromat frequently because several of her four children are not yet toilet-trained, said in a text to The Durango Herald that the laundromat does not give receipts.
Brandy Ward, Thompson’s partner, testified she has kept track of how many times she has had to fill water jugs, but expressed concern that this might not be sufficient evidence to receive reimbursement.
Shropshire ordered Mann provide 20 gallons of sealed drinking water to each resident per day, or that she provide an equivalent volume of water from a source that CDPHE deems as potable.
Seibert said the expense and logistical challenges of delivering individual bottles could be prohibitive.
“I do think this is an incentive to do a broader, more sustainable solution that is in compliance with CDPHE,” Shropshire told him.
The order will remain in effect for 14 days. Meanwhile, contractors are working to restore the park’s water service.
rschafir@durangoherald.com
