HomeMy WebLinkAbout43 Brown Ave.J
TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
ENFORCEMENT ORDER
From: Scott Leite, Health Agent for the Board of Health
To: Christopher and Kathleen Brenneis
Owner/Operator: Christopher and Kathleen Brenneis
Date of Issuance: November,26, 2003
Location of On -site System: (43 Brown Avenue
Extent and Type of Activity: rge of effluent to surface of ground
The Board of Health has determined that the activity described above is in violation of the
State Environmental Code, 310 CMR 15.000 for the following reason(s):
{ } The system has not been maintained in accordance with the Certificate
of Compliance issued on 19 .
{ } The system is being or was installed in noncompliance with the Disposal
System Construction Permit issued on 19 .
{X} 310 CMR 15.303 Systems Failing to Protect Health and Safety and the
Environment (1)(a) 6. the septic tank is made of metal; or the septic tank is cracked or
is otherwise structurally unsound, indicating that substantial infiltration or enfiltration
is occurring or is imminent.
{X} 310 CMR 15.303 Svstems Failing to Protect Health and Safety and the
Euviromnrent.(1)(a)3 the static liquid level in the distribution box is above the
level of the outlet invert.
{X} 310 CMR 15.303 Systems Failing to Protect Health and Safety and the
Environment (1)(a)7 a cesspool, privy or any portion of the soil absorption system
extends below the high groundwater elevation.
The Board of Health hereby orders pursuant to Massachusetts General Laws, Chapter 111, Section 12-4
the following:
1. Within 45 days of receipt of this order, submit an application and plan to repair and
upgrade the on -site sewage disposal system in accordance with the standards of State
Environmental Code: 310 CMR 15.000, Title 5 and the Mansfield Board of Health
regulations.
2. Within 75 days of receipt of this order, submit an executed contract with a licensed
disposal works installer, including the date of expected completion.
3. Within 120 days of receipt of this order complete all required repairs and upgrades to
the septic system.
Enforcement Order
Page 2
Brenneis
Failure to comply with this order may constitute grounds of legal action. Massachusetts General Law,
Chapter 21A, Section 13 provides: "Local Boards of Health shall enforce the [Environmental] code in
the same manner in which local health rules and regulations are enforced".
Massachusetts General Law, Chapter 111, Section 31 provides: "Whoever, himself or by his servant or
agent, or as the servant or agent of any other person or any firm or corporation, violates any reasonable
health regulation, made under authority of this section, for which no penalty by way of fine or
imprisonment, or both is provided by law, shall be punished by a fine of not more than five hundred
($500) dollars. "
Every day in which said violation continues shall be a separate offense.
Your appeal rights are described in 310 CMR 11.08 Hearing and 310 CMR 11.09 Apneal as follows:
11.08 Hearing
(1) Procedure for Requesting and Holding Hearin . Unless otherwise specified in this code, the person or persons to whom any
order has been served pursuant to any regulation of this code may request a hearing before the Board of Health within seven (7) days after
the day the Order was served, in the form of a written petition requesting a hearing on this matter. Upon receipt of such petition, the Board
of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not
later than thirty (30) days after the day on which the order was served. The Board of Health, upon application of the petitioner, may
postpone the date of the hearing for a reasonable time beyond such a 30-day period if, in thejudgment ofthe Board of Health, the petitioner
has submitted a good and sufficient reason for such postponement.
(2) Idearing of the Petitioner. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order
should be modified or withdrawn.
(3) Procedure by the Board After the Hearing. After the hearing, the Board of Health shall sustain, modify, or withdraw the
order and shall inform the petitioner in writing of its decision. If the Head of Health sustains or modifies the order, it shall be carried out
within the time period allotted in the original order or in the modification.
(4) Public Record. Every notice, order, or other record prepared by the Board of Health in connection with the hearing shall be
entered as a matter of the public record in the office of the clerk ofthe city ortown, or in the office ofthe Board of Health.
(5) Hearing Petition Not Submitted or Sustaining of Order. H a written petition for a hearing is not filed with are Board of
Health within seven (7) days after the day the order has been serviced, or if after a hearing the order has been sustained in any part, each
day's failure to comply with the order as issued or modified shall constitute an additional offense.
11.09 Appeal
Any person aggrieved by the final decision of the Board of Health with respect to the denial of plan approval, the denial of
revocation or failure to renew a license, or with respect to any order issued under the provisions of this code may seek relief therefrom in
any court of competentjurisdiction, as provided by the laws of this Commonwealth.
If I may be of assistance, please do not hesitate to contact me.
Issued by ScottL-eite, Health Agent
for the -$paid of {health
Certified Mail: 7099 3400 0008 9408 2748
C: Robert Nugent, Attorney
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
service
PS Form 3811, July 1999
A. Received by (Please Print Clearly) T Date of Delivery
C. Signatur G
X ❑ Ad,
D. Is delive address different from Item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
P Nice Type
ertitied Mall ❑ Express Mail
r ❑ Registered ❑ Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee)
❑ Yes
Domestic Return Receipt
t 02595-00-M-0952