KRGV.com

RIO HONDO - Ismael "Smiley" Yanez wants help dealing with a costly mistake. He says an Allied Waste trash truck ran over his septic tank, and the trash company won't pay to fix it.

Yanez runs a small business from his property. He says he's had a dumpster on the same place on his land for several years. He explained, "Normally the driver will back up, drive in over there (on the caliche road), turn around and then head back out."

Recently, the driver went off the caliche and ran over his buried septic tank. "It more than cracked the lid. It made a hole in it," he explained.

Yanez is worried his granddaughter or one of his animals will fill into the hole. He's covered it with boxes. Yanez says he's never had problems with the company in the past. He blames a rookie driver who was apparently behind the wheel.

5 ON YOUR SIDE reached out to Allied Waste. Spokesperson Peg Mulloy says there's language in Yanez's contract that says the company is not liable for damages caused by delivering or emptying the trash dumpster. She also says there are no signs in the area warning about the septic system. Because of that, they have denied Yanez's claim.

He is left dealing with a $500 repair bill.