HomeMy WebLinkAbout24 Hillside Terr.TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
ENFORCEMENT ORDER
From: Scott Leite, Health Agent for the Board of Health
To: Grace Langill, PO Box 1056, Taunton, MA 02780
Owner/Operator: Grace Langill
Date of Issuance: June 9, 1995
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Location of On -site System: 24 Hillside Terrace
Extent and type of activity: Effluent flowing over 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
F 310 CMR 15.303 Systems Failing to Protect Public Health and and Safety and the
Environment. (1)(a) there is a discharge of effluent directly or indirectly to the
surface of the ground through ponding, surface breakout or damp soils above the
disposal area or to a surface water of the Comrnonwealft
Other:
The Board of Health hereby Orders pursuant to Massachusetts General Laws chapter I I I
section 124 the following: Pump system as often as necessary to prevent discharge and
correct situation by connection to common sewer or upgrade system.
Failure to comply with this order may constitute grounds for 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 ".
7 ur2 c) j
To: Langill
Date of issuance: June 9, 1995
Page 2
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 f ve hundred dollars. "
Every day in which said violation continues shall be considered a separate offense.
Your appeal rights are described in 310 CMR 11.08 Hearing and 310 CMR 11.09 Appeal as
follows:
11.08 Hearing
(1) Procedure for Requesting and Holding Hearing. 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
7 days after the day the order was served, 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 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 30-day period if in the judgment of
the board health the petitioner has submitted a good and sufficient reason for such postponement.
(2) Hearing 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 board 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 of the city or town, or in the office of the board
of health.
(5) Hearing Petition Not Submitted or Sustaining of Order. If a written petition for a hearing is not filed with the
board of health within 7 days after the day and order has been served 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 and additional offense.
11.09 Anneal.
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 it anv court of competent jurisdiction, as provided by the laws of this Commonwealth.
If the I may be of assistance please do not hesitate to contact me.
Issued by Scott Leite, Health Agent
for the angf ld Board of Health
Signed:
Certified Mart' P 080 442 265
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P 080 442 265
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