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HomeMy WebLinkAbout409 Pratt St.22 TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 ENFORCEMENT ORDER From: Scott Leite, Health Agent for the Board of Health To: Leonard and Debra Belyea, 133 Ralph Mann Drive, Stoughton, MA 02072 Owner/Operator: Same Date of Issuance: August 2, 1995 Location of On -site System: 409 Pratt Street 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 11 The system is being or was installed in noncompliance with the Disposal System Construction Permit issued on , 19 310 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 Commonwealth; Other: Immediately secure cesspool with cover until system upgrade complete. 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 within twenty-one (21) days of the receipt of this order. Failure to comply with this order may constitute grounds for legal action. Massachusetts general Law chapter 21 A section 13 provides: 'Local Boards of Health shall enforce the flsnvironmentall Code in the same manner in which local health rules and regulations are enforced". To: Belyea Date of issuance: August 2, 1995 Page 2 Massachusetts General Law chapter 1 11 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 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 Hoard 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 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 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 Mansfield Board of Health Si Certi f ail: P 080 442 269 t •SENDER: Complete items 1 and 2 when additional services are desired, and co Pipets items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will preve this Caryl from being returned to you. The return recei t fe00 e will rovide ou the name of the person delive td dd the date of deliver . For additional tees 4 e o lowing services are avai a e. Consult postma `,nd check box(es) for additional service(s) requested. 1. ❑ .Show to whom delivered, date,. and addressee's address. 2. ❑ Restricted Delivery 3. Article Addressed to: ,. ( 4.- Arti a Number D "4 a K f of Service: ❑11 R Registered - ❑ Insured ©'Ife—rtified ❑ COD ❑Express Mail ❑ Return Receipt for se i Always obtain signature of addressee addressee or agent and DATE DELIVERED. . Signatures— Addressee 8. Addressee's Address (ONLY if njA requested and fee paid) a — A,.e..« r5 rorm ao r I, Apr. 1939 *U.S.O.P.O. 1e8e-238-815 DOMESTIC RETURN RECEIPT