HomeMy WebLinkAboutNorth Main St. #732-734 - 5/30/2002TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
May 30, 2002
Mr. Daniel Ciccariello
Law Office of Michael IC Cook
964 North Main Street
Randolph, MA 02368
RE: 732-734 North Main Street
Dear Mr. Ciccariello,
Enclosed please find a copy of the enforcement order to the owner of 732-734
North Main Street describing the violation of the State Environmental Code: 310
CMR 15.000, Title 5 and the Mansfield Board of Health Regulations.
A violation of the State Environmental Code is a serious offense. Massachusetts
General Law chapter 21A section 13 provides that "Any violation of such code,
(a) shall be punishable by a fine of not more than twenty-five thousand dollars per
day that such violation occurs or continues or by imprisonment for not more than
one year or both such fine or and imprisonment; or (b) shall be subject to a civil
penalty not to exceed twenty-five thousand dollars for each day that such
violation occurs or continues."
If I can be of further assistance, please do not hesitate to contact me at 508-261-
7366.
Health Agent
TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
ENFORCEMENT ORDER
From: Scott Leite, Health Agent for the Board of Health
To.. Joan E. Powers
Owner/Operator: Joan E. Powers
Date of Issuance: June 19, 2001
Location of On -site System: 732-734 North Main Street
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 Failine 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 I11, Section 12-
4 the following:
1. Immediately pump the cesspool, then daily and additionally as necessary to
prevent discharge of effluent to the surface of the ground to prevent continuance of
the imminent health hazard.
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 to prevent continuance of the imminent
health hazard.
Enforcement Order
Page 2
Powers
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. "
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 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
Certified Mail: Z 598 100 087