HomeMy WebLinkAbout36 Thornton Rd.TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 0204E
ENFORCEMENT ORDER
From: Scott Leite, Health Agent for the Board of Health
To: Jo E. Hopkins
Owner/Operator: Jo E. Hopkins, 36 Thornton Road, Mansfield, MA 02048
Date of Issuance: February 22, 1999
Location of On -site System: 36 Thornton Road
Extent and Type of Activity: Discharge of effluent to 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 .
{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: 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. Immediately pump all septic system tanks and/or seepage facilities, then daily or
additionally as necessary to prevent discharge of effluent to the surface of the ground.
2. Immediately repair and upgrade the on -site sewage disposal system in accordance
with the standards of State Environmental Code: 310 CMR 15.000, Title 5 and the
Mansfield Board of Health regulations or connect to the sanitary sewer collection
system.
3. Notify this office of your intent and method of compliance within seven (7) days of
receipt of this order.
Enforcement Order
Page 2
Hopkins
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 arty 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. "
Every day in which said violation continues shall be 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 Reouesting 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 it in thejudgment 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 ofthe city or town, or in the office ofihe 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 f�Iealth
Si
Certified Mail: P 541 335 762