HomeMy WebLinkAbout115 Walnut St.0
TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
ENFORCEMENT ORDER
From: Scott Leite, Health Agent for the Board of Health
To: Lester Epstein
Owner/Operator: Lester Epstein 89 Walnut St., Mansfield
Date of Issuance: June 11, 1996
Location of On -site Sys`tgrt: 115 Walnut St.
Extent and Type of Activ'ty: Sewage overflowing on 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 .
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.
{} Other: Immediately secure cesspool with cover until system upgrade
complete.
The Board of Health hereby orders pursuant to Massachusetts General Laws, Chapter
111, Section 12-4 the following: Pump system as often as necessary to prevent
discharge and correct situation by connection to common sewer or upgrade system
with fourteen (14) 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 fne of not more than five hundred (S500) dollars. "
Enforcement Order, Lester Epstein, 115 Walnut St.
Page 2
Every day in which said violation continues shall be a separate offense.
Your appeal rights are described in 310 CMR 11.08 Hearine and 310 CMR 11 09 Appeal
as follows:
11.08 Hearing
(1) Procedure for Requesting and Holding Hearins. 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 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 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.
by Scott Leite, Health
Board of Health -�-
Certified Mail: P812 788 183
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