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HomeMy WebLinkAbout311 West St.TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 ENFORCEMENT ORDER From: Scott Leite, Health Agent for the Board of Health To: Martin Bezema, Trustee Owner/Operator: Gertrude Kreimendahl and Martin Bezema, Trustee Date of Issuance: August 22,1996 Location of On -site System: 311 West St. ,> ,7 Extent and Type of Activity: Overflowing Cesspool 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) 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 :coder authority of this section, for which no penalty by way of fine or imprisonment, or both is provided by Imv, shall be punished by a fine of not more than five hundred (S500) dollars. " Enforcement Order Page 2 Gertrude Kreimendahl and Martin Bezema, Trustee 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 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 I may be of assistance, please do not hesitate to contact me. Issued by Scott Leite, Health Agent for the Board of Health Signed: Certified Mail: P812 788 189 (Kreimendahl) and P812 788 190 (Bezema) PS Form 3800, June 1985 v p �m CW 0 % SENDER. ! ? •Complete items 7 and/or 2 for additional services. I also wish to receive thg m •Complete items 3, 4a, and 4b. m •Print your name and address on the reverse of this form so that we can return this following services (for art '... I d card to you. extra fee): ! Attach this form to the front of the mailpiece, or on the back if space does not permit. 1. ❑ Addressee's Address ! y •Wdte'Return Receipt Requested' on the mailpiece below the article number. j e -The Return will show to whom the article was delivered and the dat2. ❑ Restricted Delivery I delivered. '.. i o Consult postmaster for fee. 3. Article Addressed to: 4a. iota Number c F9i't2 jYZ.ht)t iMF erviceType U 1 ti ,,,) (( %.) S ( 5 I q istered ❑ Certified ss Mail ❑ Insured o �it��t'%C�-� tw r I9 ❑ Receipt for Merchandise ❑COD '.. a 96 7. of Delivery z00 � SA 8q 3 F eceive 8y: Addressee's Address (Only if requested j ¢ and fee is paid) n I g 6. n r . dressee orA ent) F X i� Ps Form 3811, December 1994 Domestic Return Receipt yluaamreel LZ as;sta%u1.N013a 3DUON ON003S C Cir a `t y�A'D li; w 1 NYZ2 d NJ d •� o CN j ✓� �' t RPM VVY 'Plallsueyy 119ai3S jsaM 09 y rfoi; ' . Q'Ifaljs vw 30 NMO'L SENDER' Items 1 and/or 2 for additicnal services. v I also ' real0e theme (oilOWing NiCd9�(for an a :complete •Complete items 3, 43, and 4b. and address on the reverse of this form so that we can return this extra (ee): O % i-_- ... u m u • pdrm your name card to you. •Attach thia tone to the front of the mallpiece, or on the back it space does not 1. ❑ Addressee's Address e t permit. • Wdte'Felum Receipt Requested'on the mailpiece below the article number. •The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted a (Very Consult postmaster for fee. a •� . C c delivered. 3. Article Addressed to: e Number 4a. A icll8Y (' T i 7 V y w jLt/12t IJ t3�L� 11_J 41b. Service Type m E 0 \\ a� U�v (S �fJ� ❑Registered ❑ Certified ❑ Express Mail ❑ Insured � . , rn N W Wkc OTHA'm i AAA ❑ Return Receipt for Merchandise ❑COD a O^ 3 y 7. Date of Delivery 0 T a Z 6. Addressee's Address (Only If requested Y 5. Received By: (Print Name) and fee is paid) F r w g 6. Signature: (Addressee or Agent) X Domestic Return Receipt h PS Form 3811, December 1994