VT: Land dispute with disruption to a septic leeching field.

Location: VT

Hi all, long time reader, never thought I'd be here.

I seem to be having an issue with my neighbor's contractor. Recently my neighbor who's home is behind and above mine decided to put on a addition, this addition does not bother me.

However, in the excavation for the addition, the contractor in question dumped all the dirt and materials in a convenient spot next to their driveway which happens to be immediately on top of the leeching field for my septic system.

I tried to swing by and have a conversation but was unable to contact the neighbor- we have never met previously. There was no work being done on the house the day I swung by.

I logged an iquiry with my local HOA review board which approved the work, I provided a copy of the property plan, photos of the dumped material, and requested that no more material be dumped, no more compaction happens over my field, and that nothing be removed until it is evaluated by a professional.

Today the HOA returned and told me that I was hooked up to municipal sewer (we are not, I know this beyond a shadow of a doubt), and additionally, that "The contractor working on the construction project stated that the fill/soil that was moved was placed on wooded property that appears to belong to the project site."

This concerns me as it sounds like they do not have a survey, and just dumped it someplace that appeared to be good.

Here is my main problem however- Sewage comes out of my house, hits the tank, and then a grinder pump pumps it uphill to the leeching field. If the field is damaged and no longer functional, then the sewage does not get up to the field, it backs up into my tank. If my tank overflows, it flows into a stream, that stream discharges into a river not far away.

Tomorrow I am going to go out and find the exact property boundary markers and getting a deed request as the blueprint to my home with the land markers and leeching field seemed insufficient to the HOA body, but what is my next course of action?

Hire a surveyor, confirm the boundary? Issue a trespass?
Hire a licensed pro to evaluate the leeching field?
Have the dirt removed?
Get the contractor to pay for it?

I'm a bit outside my depth and very concerned, I cannot afford the fines that would result from dumping raw sewage into a river.

Author: Drix22