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Home My WebLink About27 Village Rd.TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 ENFORCEMENT ORDER From: Scott Leite, Health Agent for the Board of Health To: Richard and Kathryn Mahoney Owner/Operator: Richard and Kathryn Mahoney Date of Issuance: March 31, 19"---- Location of On -site System 7 Village Road 1l Extent and Type of Activity. ubmerged-dis"trrbution box 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 . { } 310 CMR 15.303 Systems Failing to Protect Health 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. {X} Other: 310 CMR 15.303 Systems Failing to Protect Health and Safety and the Environment.(1)(a)3 the static liquid level in the distribution box is above the Level of the outlet invert. The Board of Health hereby orders pursuant to Massachusetts General Laws, Chapter 111, Section 12-4 the following: 1. Pump system as often as necessary to prevent discharge. 2. Correct situation by upgrade of system within ninety (90) days of receipt of this order. 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. " Enforcement Order Page 2 Mahoney Every day in which said violation continues shall be a separate offense. Your appeal rights are described in 310 CMR 11.08 Hearin 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 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 the judgment of the Board of 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 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 Aoueal 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 I may be of assistance, please do not hesitate to contact me. Issued by Scott Leite, Health Agent for,the-Board of Health Certified Mail: P812 788 212 TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 April 8, 1998 Mr. and Mrs. Richard Mahoney 27 Village Road Mansfield, MA 02110 Dear Mr. and Mrs. Mahoney, This property is subject to an Enforcement Order State Environmental Code, 310 CMR 15.000 dated March 31, 1998. The order requires you to 'correct the situation by upgrade of system within ninety (90) days of receipt of this order". You have requested an extension of the order to one year, due to financial conditions. Considering the failure is defined as "the static liquid level in the distribution box is above the level of the outlet invert", the request for the extension is granted under the following conditions: 1. That there is no 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; or 2. That there is no backup of sewage into the facility served by the system or any component of the system as a result of an overloaded and/or clogged soil absorption system. If I can be of assistance, please do not hesitate to contact me. Yours, ott�t,erte ealth Agent j d�_��''Q� [,� Gam`' (�'c°i'"`�• / - TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 April 8, 1998 Mr. and Mrs. Richard Mahoney 27 Village Road Mansfield, MA 02110 Dear Mr. and Mrs. Mahoney, This property is subject to an Enforcement Order State Environmental Code, 310 CMR 15.000 dated March 31, 1998. The order requires you to "correct the situation by upgrade of system within ninety (90) days of receipt of this order". You have requested an extension of the order to one year, due to financial conditions. Considering the failure is defined as "the static liquid level in the distribution box is above the level of the outlet invert", the request for the extension is granted under the following conditions: 1. That there is no 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; or 2. That there is no backup of sewage into the facility served by the system or any component of the system as a result of an overloaded and/or clogged soil absorption system. If I can be of assistance, please do not hesitate to contact me. Yours., Scotteite eahh Agent Town of Mansfield Request for Legal Date: Name:! ��!- Title: Committee or Department: �� rx zzrz!2j� Did you try to find the answer to your question in the statutes, by calling a state agency, or by talking to your counterpart in another community? ❑Yes ❑No Description of Request (Include such information as "Request for Legal Opinion" or "Relates to pending litigation." Is this a re- quest from a committee, or is it an individual committee member's concern? Is the request of high or low priority, and why? Please attach all relevant documentation.) O 02, F� - R", lS4t Time Frame By what date is a response needed? Please explain. A�� Submit completed request form to the Offzee of the Board of Selectmen forprocessing. Your above request for legal services was: ❑ Forwarded to Town Counsel on (date) ❑ Returned on (date) ... Reason: Richard V. Boucher Acting Town Manager or Selectman Selectman Selectman =name t andror 2 for additional services. •Complete slums 31 4a, and 4b, •Prins your name and address on the reverse of this to card to you •Attach this form to the from of the mall face, rm so That permit. P or on the back if ap • Wole Return Recei. •The Return Receipt will sPt how to wham the delivered. uesl9d. on the maNlIfe a below the arts adide was tleliveretl 3• Art(ca.r.r.___ la GLr r` Q-.Flit tom, lelved Rv Xy PS Form I also wish to receive the we can return this following Services (f01 en extra fee); ace not 1• numbdoes le ❑ Addressee's Address cer. 1994 1 0 2 5 9 a97 -8 -0 179