Loading...
HomeMy WebLinkAboutSpring St. #157 -6/20/2001Scott Leite From: Public Safety Dispatchers Sent: Thursday, June 14, 2001 5:10 PM To: DPW Office; DPW; Health Office Subject: STENCH IN AREA OF SPRING & DEAN STS Ladies & Gentlemen...... For the past coupia days we have received several calls reference a horrific stench in the general areas of Spring & Dean .... most recent caller: Peter Curran, 163 Dean tel-339.5043... Officer Archer also verified the stench yesterday evening, reporting a very strong odor. Sewage..... dead animal? Thank you for whatever efforts are made to locate the source! 4 - 12 Shift.......... TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 (� i June 20, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 Re: Map 28, Parcel 157 Spring Street Dear Mr. Nelson, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you wish to continue a leaf composting operation, you must register with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, MANSFIELD BOARD OF HEALTH Scott Leite. Health Agent TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 Re: Map 28, Parcel 157 Spring Street Dear Mr. Nelson, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very tru yyouurs, MAN. FIE BOARD OF HE Scott L 'te Health Agent TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 SECOND ORDER TO ABATE NUISANCE Re: Map 28, Parcel 157 Spring Street Dear Mr. Staples, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be ol'assistance, please do not hesitate to contact me. I1W �� Very truly yours, MA,Z,4SFIEBOARD OF H �.: Scott Health Agent � I� TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 June 20, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 Re: Map 28, Parcel 157 Spring Street Dear Mr. Nelson, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you wish to continue a leaf composting operation, you must register with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours. MANSFIELD BOARD OF IIEALTH Scott Leite. Health Agent TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 SECOND ORDER TO ABATE NUISANCE Re: Map 28, Parcel 157 Spring Street Dear Mr. Staples, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, MA SFIEJLJBOARD OF H Scott �, Health Agent TOWn. O f Maass fbezd 6 Farb ROW Maws field, MA '02048 ry : z from: Scott Leite, H-eazth Agent Town Of MaxsF&al 6 Park ROW. Maws field, MA Nuvrcber o f pages (lv�,cGuct'Cv+,g covey sti��et): �� Telephone fax s S e - = = c-ncail sleiteCn anselgn a.co c TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 5, 2001 Mr. Sumner Martinson Department of Environmental Protection Bureau of Waste Prevention One Winter Street, 9`h Floor Boston, MA 02108 RE: Nelson Property, Map 28, Parcel 157 Spring Street, Mansfield Dear Mr. Martinson, A few weeks ago, I discussed with you the above referenced location as it is being used as a leaf composting operation and handling facility. At that time you forwarded to me the leaf and yard waste composting registration form I passed that form to the owner of the property and the contractor operating the facility. The contractor, Richard Staples, does not believe it is the proper time to register, because he is not ready to meet the approval requirements. However, all the compostable material from composting facility of the Town of Foxboro has been moved to the site. I am unable to estimate the amount of material there, but the pile is several hundred feet long, at least 20 feet high and about75 feet wide. The odor from the pile is highly objectionable to the neighborhood, with the very pungent odor of fermentation. Please consider this a formal complaint for enforcement action. If I can be of further assistance, please.do not hesitate to contact me. Y rs tru y, Sco t Leit , Health Agent C: Town Manager Robert Mangiaratti, Town Counsel june 14, 2001 C!G Bertram Cook Zoning Enforcement Officer 6 paark Row 0204R Mansfield, MA Re: odor around Dean and Spring Street Area -this petition is to voice our concerns / complain about the odor emanating from the construction site locating on Spring Street adjacent to Dean Street in Mansfield, MA. hborhood are concerned about potential health hazards created by Residents of this neigeased into the air. There are residents and young children in tthat may his area who could be adversely affected by sy any of the contaminants such contaminants. In addition to our health concerns, the hot weather causes the need to leave house windows open for ventilation and the odor in the air creates unpleasant and uncomfortable living conditions. We hope that this issue will be resolved quickly. 'Thank you in advance for your prompt attention to this matter. NAME: / ADDRESS: y9 -2� 2. 1-�- T--- --_ 3. 4. -- NANIE: 23. 24. 2s. 26. 27. 28. 29. 30. 31 ADDRESS: _!o i -_S r►v�� s�-_ /S2 _ NAME: 32. 33, 34.! 35, 36. 37. _ 38. 39. 40. 41. /!1 42. 43. 44.� 45.E 46, 47, 48. 49. 50. ADDRESS: TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 SECOND ORDER TO ABATE NUISANCE Re: Map 28, Parcel 157 Spring Street Dear Mr. Staples, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, MA SFIEJ�BOARD OF H Scott i:s1 , Health Agent Town. o f Mav&s f1'eld 6 Park ROW Maws fLeCd, MA 02049 to: /i%%g-f"6,-1 w .A f I Prow: Scott LeZte, f-fealty ,4cgeptt 7-owki, o f Mav� s fieCd 6 Park Row, Mawsr&d, MA 0e20-19 Number o f pages (Zncludw, g cover Telephone Fax se^-t �,1-: a c-�x�GC sCeiteGwu�ws fieGdv q.eo u Page I of I Scott Leite From: Eileen Ouellette Sent: Thursday, July 05, 2001 2:52 PM To: John ['Agostino Cc: Scott Leite Subject: Compliment of Health Department John, FYI, a resident who I sent downstairs to speak with Scott Leite re: Carl Nelson's composting operations offensive odor problem came back upstairs to tell you that she was quite pleased with Scott's help with her problem and wanted you to know it. Unfortunately, I was out to lunch when she returned and didn't get her name, but she is a resident in the Spring St. area. Just wanted you to know. 07/06/2091 `SF, - V�Q TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 June 20, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 Re: Map 28, Parcel 157 Spring Street Dear Mr. Nelson, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you wish to continue a leaf composting operation, you must register with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, MxANSFI D BOARD OF HEALTH Scott Le'ite, Health Agent 2✓= jOr-,TON= 20e)/ TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 SECOND ORDER TO ABATE NUISANCE Re: Map 28, Parcel 157 Spring Street Dear Mr. Staples, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, MA SFIEU�BOARD OF H g `.� C/ fN Scott t tyre, Health Agent K OM 6P 10/15/2001 MON 11:29 FAX 508 261 7425 TOWN OF MANSFIELD [a 001 W. N: TX REPORT W TRANSMISSION OK TX/RX NO 0095 CONNECTION TEL 915089476557 SUB -ADDRESS CONNECTION ID ST. TIME 10/15 11:28 USAGE T 01'03 PGS. 3 RESULT OK FRIX 7`pw14. o f MRxs field 6 Turk Row Mavis field, MA- 0.2049 to: Skwki er Martikl sox,, 'DET> Fax jo/m MGGpGtghLGVL front: Scott Leite, ftealth 4gewt- 7T©w14. of Maws field 6 parle Row/ MawsFeld, M,4 02o4g Nuvuber o f pages (4neluding cover sheet): -3 10/15/2001 MON 11:27 FAX 508 261 7425 TORN OF MANSFIELD N��WW.'X•8:�*8: WSW. �:N W. �:t�:R N:t TX REPORT TRANSMISSION OK TX/RX NO 0094 CONNECTION TEL 916172925778 SUB -ADDRESS CONNECTION ID ST. TIME 10/15 11:26 USAGE T O1,09 PGS. 3 RESULT OK FqX Town of Mapisreld 6 Parlt Row Maws field, m 4 02049 to: s"mnerMartimsoK, ,I) UP FaX jahx, Mccal hllvL fi-am: scof Lecte, ftealth,4cgep.t Towvl. o f Mans field 6 Parr Row, maws field, MA 0.204g m"mber a( pages (iKrludin_ cover sheet): z FRX TOwm. o f Max grbeld 6ParleRow Mattis field, M.4 02a4g to: SantnerMartinnsolti, Fp max �78 Joht-b Mccoteghlillti FP-.s ono max sob y-6ss,�z front: Scott Lute, ffealth ,40eltit Towns o f Mattis field 6 Farb now, Max,s field, M,4 02a4g, Number o f pages (including cover sheet): s June 20, 2001 order to Cgrl Nelson Julc -3, 2001 order to CRrl Nelson Telephone sog26z s66 FRX so826s sus F-vuail sleiteC�v gws eldv q.covcc TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 Re: Map 28, Parcel 157 Spring Street Dear Mr. Nelson, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very tru yyouurs, MAN FIELII BOARD OF HEALTH Scott L to Health Agent TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 June 20, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 Re: Map 28, Parcel 157 Spring Street Dear Mr. Nelson, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you wish to continue a leaf composting operation, you must register with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, MANSFIELD BOARD OF HEALTH Scott Leite, Health Agent TowvL o f Mavis field 6Park Row Maws field, MA a2a4g to: �S U-S,�Q ^ / r7SZ, (row: Scott Leite, Health Agewt TOWIti o f Mans field 6 Farb Row, Maus field, Mai- 02a4g N"wber o f pages (ivtcludivt g co✓er street): relephowe sob 261366 Fax s08-2613 ¢3 E nail sleiteC�vuaws fieldvka.co TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Richard Staples Hand Delivered at 157 Spring Street Re: Map 28, Parcel 157 Spring Street Dear Mr. Staples, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order; the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, LD BOARD OF HEALTH Scot Le e, Health Agent Commonwealth of Massachusetts County of Bristol The Superior Court CIVIL DOCKET# BRCV2001-00852 RE: Town of Mansfield v Nelson et al TO:Susan Lynne Jacobs, Esquire Volterra Goldberg & Mangiaratti 3 Mill Street Attleboro, MA 02703 PRELIMINARY INJUNCTION This action came on to be heard before the Court upon the return of an Summons and Restraining Order to show cause why the application for a preliminary injunction should not be granted, and was argued by counsel; and upon consideration thereof, It is ORDERED and ADJUDGED until further order of the Court, the application under the prayers of the complaint is hereby granted; and the defendant(s), its agents, servants, attorneys and deputies are ENJOINED AND RESTRAINED from allowing any work to be performed on the locus in violation of the State Wetland Protection Act and the Mansfield Wetland Protection By -Law more specifically within the 100 foot buffer zone of the border vegetated wetlands in violation of the Sate Wetland Protection Act (310 CMR 10.55) and within 200 feet of the Rumford River in violation of 310 CMR 10.58. (E. Susan Garsh, Justice) Dated at Fall River, Massachusetts this 17th of July, 2001, E. Susan Garsh, Justice Marc J. Santos, Clerk of the Courts I � , Assistant Clerk Telephone: (508) 672-4464 cvdpinj 2.wpd 236574 pinj celeste MAX VOLTERRA JAMES GOLDBERG ROBERTS. MANGIARATTI SUSAN JACOBS VOLTERRA, GOLDBERG, MANGIARATTI & JACOBS LAW COUNSELLORS, INC. THREE MILL STREET ATTLEBORO, MASSACHUSETTS 02703 July 18, 2001 VIA FACSIMILE AND FIRST CLASS MAIL John D'Agostino, Town Manager Town of Mansfield 6 Park Row Mansfield, MA 02048 RE: TOWN OF MANSFIELD VS. CARL NELSON Dear John: TELEPHONE (505) 222-I403 FACSIMILE (508) 226-7565 I appeared in Fall River Superior court yesterday seeking a preliminary injunction against Carl Nelson to prevent further violation of the Wetland Protection Act and the Mansfield Wetland Protection By -Law at his property adjacent to the Rumford River on Spring Street. The court granted the preliminary injunction prohibiting any work within 100 feet of bordering vegetated wetlands or within 200 feet of the Rumford River. A copy of the injunction is attached hereto. Please advise me immediately if a Town official observes any violation of the injunction. In the event of any violation, contempt proceedings could be initiated against Mr. Nelson. The injunction will remain in effect until a trial on the merits of this case which is scheduled for January 2002. In the meantime, I intend to meet with Town staff to prepare for trial and determine the exact technical nature of relief that we will be seeking from the court. John D'Agostino July 18, 2001 Page 2 Please contact me if you have any questions. Sincerely, 1.� Y Robert S. Mangiaratti RSM/kd /enclosure cc: Selectmen Conservation Commission Board of Health ,,'- Building Inspector To: Robert Mangiaratti From: Dick Lewis Date: June 19,2001 He: Nelson Properly, Spring Street 'File Mansfield Conservation Commission discussed this issue last night at their meeting. TheN voted to proceed with the necessary legal filings to stop the work at this property and order a delineation of the wetland resource areas and require the filing of the proper application by the owner or his representative. The issues are these: I . The owner is allowing, and others are performing, work in areas of the land in violation of the State Wetland Protection Act [310 CMR 10.001 Specifically, I have seen evidence of work occurring in border vegetated wetlands [bvw[, in violation of 310 CMR 10.55, and within the 100-foot buffer zone of the bvw. Both of these types of work require an Order of Conditions, which the owner does not have since no application has been filed. The work involves the clearing and grading of bvw areas and the buffer zone; evidence of machinery being active in a bvw. None of the disturbed areas were stabilized when I visited the site on 6/1 1/01, and there is no question in my mind that the heavy rains of last weekend would cause erosion damage. 2. The owner is allowing, and others are performing, work within 200-feet of the Rumford River in violation of 310 CMR 10.58. The work involves the clearing and grading of areas within the 200-foot riverfront area and the placement of piles of mulch debris within this zone. 3. 1 have seen these violations on two separate site visits. Verbal instructions given to stop all work within the jurisdictional areas of the Conservation Commission have already been ignored. 4. The relief sought is to get a stop work order, requiring that all activity on the site cease, an order for the owner to obtain the services of a wetland consultant to flag and properly delineate all of the various wetland resource areas, an order for the owner to file with the Conservation Commission an Notice of Intent where wetland restoration activities are outlined. 5. The above activities are also in violation of the Town of Mansfield Wetland Protection By- law, of the General By-law, Chapter 15. If you need to contact Paul Boyden, the chair of the Commission, while I am on vacation his number is 508-339-7307 [It] or 339-0022[office]. I told him that you might be in touch. 1 will return on July 16°i from vacation. The mailing address for Carl Nelson that I got from the Assessor's office is: Carl A. and Sally Ann Nelson 68 Spring Street. [I am not sure when he is at this location] He does have another billing address of 606 School Street. t think it should go to both places and possibly serve it in person to the School Street address. The location of the work is Assessor's Map 28, parcel 157, As noted in the meeting yesterday, the work that he did on the site back in the early 1980's was subject to Enforcement Orders from then DEQE under file # SE 21 1-84 [copy attached]. 1 will be in the office till 4:00 pm; please call if you have any questions. I will not be in the office on Wednesday. Thanks Dick Lewis Town of Mansfield Name: Request for Legal Services Dare:— �_ Title: Committee or Department: C-" v? "ey 0_4 `� 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 El No �j � 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 P�', and d why? Please attach all relevant documentation.) N �\a- Time Frame S a 6' i k co w� t By what date is a response needed? Please explain. \ tr,,,& 1�`�\�� rj Jr\ Submit completed request form to the Of c4the Board of Selectmen for processing. W t for legal services was:to Town Counsel on (date) 6 tq-on (date)6-f �-01 or Selectman ino Selectman Selectman June 18, 2001 Note to file Re: Site visits to Spring Street, Nelson property I. Approximately 2'h weeks ago, 1 met on site with Bert Cook and Dick Staples. Visit brought about by the work being done on site. Site inspection revealed that some clearing and grading work had been done both in a wetland area and within 100 feet of wetland resource areas. Did not inspect the Rumford River area, but it was my belief that work may be being done with the 200-foot Riverfront Area. Dick Staples said that he was restoring the site per the court order. I told Dick Staples to stop any work near the wetland and get the questions and issues of the court order resolved and clarified. 2. On Monday, June 110i, went to the site to see if any additional work had been done and to see if my verbal instructions had been followed. Came upon a truck dumping a load of what turned out to be leaf compost material. The truck was driven by Gary Owens from Mooreshead Co. Walked east from the pile that had been dropped and found that the pile was within the 200-foot zone. Talked to Gary Owens for several minutes. He indicated that Dick Staples would be there in a few minutes. I waited for a period, and then left the site hoping to return right away with the Building Inspector. Bert Cook could not come at that time, but I returned to site. Dick Staples was just leaving the site when I approached down Spring Street. I stopped in the middle of the road and waved Mr. Staples back to the site. When Mr. Staples got into the site we exchanged harsh woods. He said that he did not appreciate being waved back to the site and I said that I did not appreciate having my requests to stay away from the wetlands ignored. Voices were clearly raised. No one else was on the site. At one point Mr. Staples said that if I "messed" with him I would regret it. I told him that I would be making notes on this discussion. I attempted at one point to walk towards my car door and he blocked my way. His truck was blocking the roadway out of the site. After some additional harsh words, we both calmed down and agreed to disagree. We shook hands. I told him to stay away from the wetlands and the riverfront area. He said that he would move the two piles that were within 200 feet of the river. When I returned to the office, I spoke to Bert Cook and he put in a call to Town Counsel to arrange a meeting. I have not been back to the site since, although I have driven by a couple of time; both times that gate was closed. Dick Lewis 1�:�- BRISTOL, SS. ERISTOL, SS SUPERIOR COURT FILED OIR40I ALTH OF MAS NOV 2 0 1989 MARC J. SANTOS, ESQ CLERK/MAGISTRATE BERTRAM M. COOK VS. ELWOOD SHEPHARD, ET AL JUDGMENT SUPERIOR COURT CIVIL ACTION No. 17813 The defendants, being defaulted in open court, are hereby ordered to comply with the following decree: 1. The defendants are permanently enjoined from removing earthen materials from or otherwise altering any portion of the property owned by the defendants on Spring Street in Mansfield, described in a deed recorded with Bristol County Registry of Deeds, Book 2555, Page 190. 2. The defendants are hereby ordered to restore and replace any earthen material on the said site and to restore the 1 property to a condition resembling its natural state as possible. Dated: November 20, 1989. cc: John P. Dwyer, Esa. Alan va Gestel, Esq. Max Volterra, Esq. ,John P. Forte District Court Justice sitting by Assignment in the Superior Court A Trus Copy by Phutvslakic PrO I"t' Attest: vey AssL Clerk of Courts v A' \. - 1 M. 4 Y V` t „ v 1 _•�J.�l' x ,� ��4r` ,� t�r'2'y�-,� "•r�� � Ma_�..r M1 r Y89MiC'vv L f�' 11 1 l 1 NOTE.`Ab c r s AO *fVA a s6#O4PM#i" �� { � b • ti _ h \ry, y1 t. { , i v S J Sec f-ion A -A • 2D- 3.O ' .-789 Cv. Yds of Old River Bed to 6e i'Mej :•y7 -a r. }T 1 1 I �RFVMM/CJ/ [ Lf3e / L / AL ti_ �iwvlso'.rsd1 SAS 2a13 134 RALPH I: MALOON I ` EW&wiwof Cobots RW)d for hwowamt of a fbrm Pond in McTow»of Aftm*ld at ft, fikv brd flYwr Camryr of Bristol, Moss. Apiolecatiow by Carl Nelson May ,19818 ES Shepord 1"y C� CoxPr rr�i.r� 9 �bf7vArren/ PAUI T. ANDERSON Recionai Environmental Engmeer M.rrrrrr(%� <y�r:aPex✓yr� r � � December 5, 1984 Elwood B. Shepard & Carl Nelson RE: MkNSFIELD--wetlands - File No. SE 211-84 c/o Carl Nelson Spring Street Property 68 Spring Street Mansfield, Massachusetts 02048 Gentlemen: On May 8, 1984, the Deoart,..ent of Environmental Quality Engineering conducted an inspection of the above -referenced property and determined that construction was correncing in violation of a Final Order of Conditions issued under Massachusetts General Laws, Chapter 131, Section 40. On May 25, 1984 the Department of Environmental Quality Engineering issued an Enforcement Order requiring your compliance witn the Department's Final Order of Conditions issued on August 11, 1983. An extension to the Department's Final Order of Conditions was requested by you in a letter dated August 3, 1984. An extension has not been granted by the Deca_-bment because construction had caTmenced on -site and was continuing in violation of both the Department's Final Order of Conditions, dated August 11, 1983, and the Fn Forcement Order, issued on May 25, 1984. Since an extension has not been issued the Final Order of Conditions expired on August 11, 1984. The Department recently (November 30, 1984) conducted an inspection of the prcoerty in question and determined that construction activities have continued on -site without a valid Order of Conditions, since the Final Order of Conditions eK ired, and in violation of Massachusetts General Laws, Chapter 131, Section 40. Approximately 1 acre of Bordering Vegetated Wetland (310 (2-IR 10.55) '.:ordering on the Rumford River has been excavated and destroyed in violation of 310 CMR 10.55(4) The banks of the Rumford River have been excavated, the vegetation destroyed and the river bottom altered in violation of 310 C14R 10.54(4) and 10.56(4). The Deparrtment has issued the enclosed Enforcement Order which requires stabilization of all disturbed areas effecting the ;etland portion of your site, reestablishment of the Bordering Vegetated wetland and compliance with Massachusetts General Laws, Chanter 131, Section 40, and its Reguiati-ins. - ;ur nme ?i.ite_ crmweratien in this mat_er is e--vt -cteci and appreciated. If cu 1:ave am✓ luestions concerning the Enfo-c ..enc Order or Massachusetts General Laws, Chapter 131, Section 10, please contact Elizabeth A. Kouloheras at the above nu-ncer. Very truly yours, For the Commissioner Robert P. Fagan Deputy Regional Environmental Fngineer F/EAK/jt cc: Elwood B. Shepard 160 Spring Street Mansfield, MA 02048 Mansfield Ccnservat.on Camission Bertram M. Cook Inspector of Buildings Town of Mansfield Tarn Hall Mansfield, MA 02048 Dean Soencer Legal Counsel Form 9 -t�- - �f,; = Commonwealth 1i 41E I of Massachusetts i a J Enforcement Order DEOE File No, Sr 211-84 (To be, prov.detl by DECE) Gty/Town MnNSF1- n Applicant E. Sheoarf�a l r Nelson Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Department of Environmental Quality Engineering Issuing Authority To Elmwood B. Shepard and Carl Nelson- 68 Spring Strp-r Mansfield Nn rnn+R Date of Issuance December 6, 1984 Property lot/parcel number, address Spring Street Extent and type of activity: The excavation, removal and stockpiling of material in and adjacent to the Rumford River, in a Bordering Vegetated Wetland and within the 100-foot buffer zone of a Bordering Vegetated Wetland. The destruction of a Bordering Vegetated tr'etland bordering on the east bank of the Rumford River and alteration of the bank of the Rumford River and land under the R1mTford River. The DEQE has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00, because: [2 Said activity has been/is being conducted without a valid Order of Conditions. Final f Said activity has been/is being conducted in violation of a✓ Order of Conditions issued to E. Shengrd and C. Nelson dated August 3 19R3 File number SE21 1-84 Condition number(s) 8 ,11 ,12,13,14 ,17,19, 25, 26 and may have been in violation of Condition #3. Other (specify) Said activity is being conducted in violation of an Enforcement Order issued to Elmwood B. Shepard and Carl Nelson, dated May 25, 1984 which ordered immediate compliance with the Department's Final Order of Conditions issued to Messr. Shepard and Nelson on August 11, 1983 and the plan of record dated February 19, 1983. Said activity is also being conducted in violation of conditions imposed by the Secretary of Environmental Affairs in his Certificate dated December 22, 1982, EOEA N: 4564. The DEVE hereby orders the following: [R The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. I^. `wetland ,Iterations resultinq frnm ;girl nrtivity shall !-;,. r.orrected ind'h ;rf> mturn,'d to 0-, ^nrpr, �i c.^n- diban. 9-1 Completed applic:.Lon forms and plans as required by the Act and Regulations shall be filed with the on or before (date), and no further work shall be performed unhi a public hearing has been held and an Order of Condifions has been issued to regulate said work. Applicotion forms are available at: , The property cwner shall take every reasonable step to prevent further violations of the act. q Other (specify) See attached sheet. Failure to comply with this Order may constitute grounds for legal action. Massachusetts General laws Chap- ter 131 , Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: _Elizabeth 1(rn,1 nhc> Issued by Signature(s) The applicant, any person aggrieved by this order, any owner of land abutting ' the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to a formal hearing pursuant to the provisions of G.L. Chapter 30A, Section 10. The request for a hearing must be made in writing to the Department of Environmental Quality Engineering within ten (10) days of the date of issuance of this Enforcement Order and should be addressed to: Docket Clerk, Department of Environmental Quality Engineering, 1 Winter Street, Boston, Massachusetts 02108 9-2 9-3 The follagir:g ,,ork must b- cm-r.enced immediately and completed within 30 days Of the date of this Order: The material excavated and stockpiled on the west bank of the Rumford River,, the west bank of the existing tail race and that stockpiled approximately 150 feet south of and parallel to Spring Street between the Rumford River and the tail race must be removed from site immediately or to an area greater than 100 feet from the edge of the remaining Bordering Vegetated Wetland, A siltation fence or a row of hay bales staked end -to -end must be emplaced within 10 feet of and parallel to both banks of the Rumford River along its entire length where the banks have been disturbed by excavation. The Bordering Vegetated Wetland, which has been destroyed, located east of the Rumford River between the river and the existing tail race must be returned to its natural condition within 6 months of the date of this Order. The extent of the wetland is delineated on the plan of record referenced in the Department's Final Order of Conditions for Mansfield File No. SE 211-84. This wetland is to be reestablished in accordance with the general conditions set forth in 310 CMR 10.55(4)(b), A 50-foot buffer of undisturbed soil, north of and parallel to the southern property line separating Cabots Pond from Messr. Shepard and Nelson's property must be reestablished using clean fill. The fill is to be graded to Pre -excavation contours and then loamed and seeded with a seed mixture of perennial grasses (i.e. Redtop, Perennial Ryegrass, Red Fescue & Crownvetch.) The drainage channel excavated at the southern end of the property, located parallel to the southern property line and perpendicular to the Rumford River, which outlets into the Rumford River, is to be filled with gravel and loamed and seeded. In addition, other than the work required by this Enforcement Order, no work is permitted on -site until such time as a completed application form and Plans, as required by the Act and Regulations, have been submitted to the Mansfield Conservation Comiission, a public hearing has been held, and an Order of Conditions has been issued regulating said work. Failure to comply with the above Order within the allotted time may result in a referral of the subject case by the Department to the Attorney General for appropriate legal action. TOWN ()I� \I:�\SI�IEI.D, MASSACHUSF,TTS Six Park Row, Mansfield, MA 02048 FAX COVER SHEET DATE: `� c\ TIME: l%, 3 'j- �) FROM: Dick Lewis Mansfield Conservation Commission Office & Zoning Board 6 Park Row � Mansfield, MA 02048 x 508-261-7378lphone) 508-261-7343 Ifaxi j Ah Ilca itill�r ncu{slicldnei_�om 22. U Type of Form: ^ o r\ r� i� ~� Number of Pages: (including this sheet) ' If you do not receive all of the above pages, contact the Conservation Commission MESSAGE: FANS11I=5I04 ',IEP!FIUTI OPJ REPORT 'iME: 015q AME: TEL DATE,TIME �,��� S FAX NO./tw,iE 01/04 2175t,_, DURATION 'S ` 5 PAGE(S) Eta: 0E: 55 RESULT JI MODE STANDARD 21:59 TRANSNIISSIO14 VERIFICATION REPORT TIME: 01/19/1994 NAME: FAX 5002617343 TEL 5082617343 DATE,TIME FAX ME 01119 01:45 DURATTIONION 915082267565 S 000:03:18 REULT RESULT OK MODE STANDARD y®' R JUN 15 2001 J a cis ! co ��alm �cl(fl sow r r 'f 1'/ `; K • , 1 t,a? _ 11,,.:, H/,Ww play. IWIV �h r W . •�, : 1 Families sue Kodak Over'cancer.`in'kids - ROCHESTER, N.Y. (AP) — The families of five children stricken with brain and spinal. cord cancers are suing Eastman Kodak Co. for $75 million. Their lawsuits, filed here last week, accuse the photography company of negligence -in the way it made, handled and dis- posed of chemical substances: They allege that Kodak is respon- sible for central nervous system dancers in five children, two of Whom have died. The families ;are;represented by Baron' & Budd„ a Dallas -law firm that specializes in environ- mental lawsuits. Once served with the Papers, Kodak has 20 days to respond to the allegations, The company, one of New York's major polluters, says occupa- tional health studies have never shown that its large plant for. making photographic film could be even remotely to blame..; Families living near the Kodak Park manufacturing hub sued the company for $200 mil- lion in 1988, alleging environ- mental harm. The lawsuit was s(Mled' in 1996'-:for atoken' amount,.with Kodak-.nevesadniit-.. (ing any wrongdoing.' ' - In 1998, a group of Rochester. - area families with children strick cn with brain cancers sought` $185 million in damages. The .action was dropped after five months, Previous lawsuits have focused on methylene chloride, a chemical used in making photo- graphic film that is a probable carcinogen. Kodak's annual dis- charges of the chemical have been cut 73 percent in a decade to 2.4'millinn nnnnric I VL e,,l �, 1C . A17 % 7 S r• h � ,.SSf COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ARGEO PAUL CELLUCCI Govemor JANE SWIFT Lieutenant Governor BOB DUR.-%-Tj Secretary LAUREN A. LISS Commissioner LEAF AND YARD WASTE COMPOSTING REGISTRATION FORM Revised June 2000 Bureau of Waste Prevention Division of Consumer Programs Recycling Program This information is aeatlable in alternate formal by calling our ADA (Conrdinamr at (617) 57�6872. DEP on the World Wtde Web- hnp /M state ma usJdep 0 Pnnted on Recycled Paper DEP LEAF AND YARD WASTE COMPOSTING REGISTRATION INSTRUCTIONS The Department of Environmental Protection (DEP) requires that all municipal and commercial leaf and yard waste composting operations register with the DEP using the attached Leaf and Yard Waste Composting Registration form. * The purpose of the registration form is to assist DEP in insuring that leaf and yard waste composting operations are sited and operated such that they do not cause negative environmental impacts or nuisance conditions, as required by 310 CMR 16.05(3). Guidelines for sound operations are provided in the DEP Leaf and Yard Waste Composting Guidance Document, which is available upon request. Siting guidance and other technical assistance is available from the Recycling Program in DEP by calling (617) 292-5969. For new operations, the registration form should be submitted at least 30 days prior to the commencement of site preparations or composting operations on the proposed site. The registration shall remain in effect for as long as the composting facility, as registered, is operated in compliance with 310 CMR 16.05(3). An amended registration form must be submitted for a registered composting facility prior to any substantial changes in site, design or operation of the facility. No composting operation will be permitted where refuse has been previously been disposed, unless written approval has been granted from DEP. When a leaf and yard waste composting operation is proposed at a location where refuse has previously been disposed. the applicant should submit, along with the registration form, a plan describing how the integrity of the landfill cover will be maintained. A completed registration form should be sent to the DEP Boston office and a copy to the appropriate DEP regional office. DEP recommends that a copy of the completed registration form also be sent to the local Board of Health. DEP BOSTON OFFICE Department of Environmental Protection Division of Consumer Programs/Recycling One Winter Street, 9"' Floor Boston, MA 02108 (617)292-5969 (617)292-5834 DEP, Central Region 627 Main Street Worcester, MA 01608 (508)792-7650 DEP, Southeast Region 20 Riverside Drive Lakeville, MA 02347 (508)946-2828 DEP REGIONAL OFFICES DEP, Northeast Region 205 Lowell Street Wilmington, MA 01887 (978)661-7600 DEP, Western Region 436 Dwight Street, 4th Floor Springfield, MA 01103 (413)784-1100 * Agricultural units (e.g. farms, nurseries) should register their composting operations with the Department of Food and Agriculture (DFA) rather than with the DEP. Contact DFA at (617) 727-3018. Revised 6,00 Commonwealth of Massachusetts Department of Environmental Protection LEAF AND YARD WASTE COMPOSTING REGISTRATION FORM I. OWNER(REGISTRANT INFORMATION Date of Registration: Owner/Responsible Official: Name Address: Title Street Cit %Town Zip Telephone: (_) Contact: _ Name Title Consulting or compost management firm contracted to assist in the planning. siting or operation of the composting facility (list contact. address & phone 9 for each company): Corporate name Contact name and title Address Telephone II. SITE INFORMATION Location: Operator: Street City/Town Zip Name Telephone A. Locus Map. Attach a topographic map which clearly delineates the location of the compost site and the adjacent area, with the features listed below (at a scale of 1 "=500', can use enlarged USGS map). Identify and indicate the distance from the compost site the following in the space below and/or on the locus map I 1) 4 5 6 7 Uses of land adjoining the site (i.e., commercial, residential, school, park): Surface water bodies, including rivers, streams, ponds. lakes. etc., within 500 feet of the site: Wetlands within 500 feet of the site: Public drinking water supply within 1/2 mile of the site: Private drinking water well within 250 feet of the site: Occupied buildings or public parks within 500 feet of the site: Vegetative or other buffer between site and adjacent properties: Res ised 6 00 Page I of 6 DEP Leaf and Yard Waste Composting Re;istration B. Site and Design Plan 1. Size of site (state acreage): 2. Type of pad material: 3. Depth of pad material: 4. Depth from pad surface to maximum high seasonal groundwater or to bedrock: Attach a topographical site map that shows the compost site plan with the features listed below, at a scale that clearly shows the information requested (i.e. 1 "=100'). The features to include are: 1. Slope of composting pad: indicate percent slope and direction; 2. Compost pile or windrow layout on pad, indicating: direction, length, width, height, distance between windrows, area provided around windrows for equipment movement: 3. Existing and proposed contour lines (i.e., every 2 ft.); 4. Drainage or run-off control system: 5. Location of on.site water supply; 6. Access road to site: 7. If drop-off collection. indicate location and design of drop-off area with access and relation to composting area; 8. Location of compost curing and storage area: C. Soil Description: Describe the type of soil and/or provide a copy of Soil Conservation Service (SCS) map with compost site indicated. D. Previous Site Use. Describe the previous use of the site: 1. If the site is located within a permitted landfill is it located on a former active area or on an area not previously used for disposal? 2. If it is located on a former active area, describe type of cap or cover material over the area: III. IN -PUT MATERIAL INFORMATION A. Quantity of material to be received (indicate cubic yards or tons): Leaves Grass Clippings Prunings/Brush Estimated yearly quantity to be composted: How was quantity estimated? Revised 6 00 Paee'_ of DEP Leaf and Yard 'A aste Composting Registration B. Sources of material (municipal, landscape contractors. other. If site serves multiple municipalities. list them): C. Other Organic Waste: Are there plans to compost other organic materials (non -leaf and yard waste) at the registered site? (Separate notification or approval may be necessary for some materials.) IV. COMPOST OPERATIONS INFORMATION (Include additional pages if necessary) START UP DATE: (Date yard waste is expected to be delivered to site) A. Management 1. Is site to be operated by municipality? Yes: No: _ 2. If not operated by municipality, state name of site operator and describe site operator's responsibilities: B. Collection: Circle the type(s) of collection to be used and describe them as requested below. For curbside or street collection: Describe type of collection vehicles used (e.g., packer trucks. vacuum trucks, front end loader with dump trucks. claw•), who will operate vehicles (municipality or private hauler), frequency of collection, types of collected materials, type of collection bags used, and method for excluding non -yard waste, for the following: I. Curbside collection: 2. City street (including municipal land) bulk collection: Revised 6 00 Page 3 of 6 DEP Leaf and Yard Waste Composting Registration 3. Drop-off collection: Describe drop-off process, including who may deliver yard waste (residents and/or commercial landscapers), monitoring of incoming materials, provisions for grass clippings and brush, removal of contaminants, hours of operation and staffing, how material will be delivered to the composting pad: C. De -bagging Operation (if applicable). Describe the de -bagging operation. including location of area in relation to compost pad, process of unloading and de -bagging leaves from bags to deposition in windrow, supervision, number of personnel and supervision, removal and disposal of bags and other non -yard waste: D. Composting Process. Describe the composting process to be used and the sequence of operations, including methods of deposition, removal of non-compostables, pile/windrow formation process, types of equipment to be used, frequency and method of process monitoring and control (e.g. temperature, moisture), frequency and method of windrow turning and wetting, record keeping, and expected time frame to attain finished product: E. Staff Responsibilities: List personnel and department assigned for: Deposition: Site management (temperature and moisture monitoring, wetting, turning, record keeping and contaminant removal): Overall supervision: Revised 6 00 Paee 4 of 6 DEP Leaf and Yard Waste Composting Registration F. Environmental Measures. Describe methods to be used to minimize standing water, run off/erosion and odor: G. Site Security and Fire Control: Describe site security and fire control measures, including fencing, gates, access and on -site water supply/local Fire Dept..- H. Contingency plan (for the management of materials on site in the event that operations cease): V. COMPOST END -USE INFORMATION A. Compost end use: B. Compost end users (if different from the applicant): C. End product testing: Is there any planned testing for the compost end product and if so, for what parameters'? (For information on soil/compost testing offered by the University of Massachusetts in Amherst. call (413) 545-231 l.) Revised 6,00 Page 5 of 6 DEP Leaf and Yard Waste Composting Registration VI. CONDITIONS OF OPERATIONS As a condition of operation the undersigned agrees to operate the above named leaf and yard waste composting operation in accordance with the DEP Leaf and Yard Waste Composting Guidance Document and the following duties: A. Duty to Comply: The operator shall comply at all times with the terms and conditions set forth in the Leaf and Yard Waste Composting Guidance Document, and all other applicable State and Federal statutes and regulations. B. Duty to Maintain: The operator shall at all times properly operate and maintain all facilities, equipment, control systems, and vehicles which the operator installs and uses, C. Duty to Mitigate: The operator shall remedy and shall act to prevent all potential and actual adverse impacts to persons and the environment resulting from operation of the composting facility. D. Duty to Provide Information: The operator shall provide the Department, within a reasonable time, any information which the Department may request and which is deemed by the Department to be relevant to determine whether the operator is complying with the conditions of this registration. In accordance with this obligation, the Department may require the operator to have the composted end product tested for contaminants prior to re -use or sale. E. Duty to Provide Site Security: The operator shall ensure that adequate site security exists to prevent the illegal dumping of solid wastes at the site. F. Duty to Prevent Fires: The operator shall ensure that adequate measures to prevent fires have been taken.. including the development of a contingency plan with the local fire department and by providing an adequate source of water for fire fighting purposes. I certify the information contained herein to be true and accurate to the best of my knowledge and belief. Print Name Position/Title Municipality Date Authorized Signature Revised 6,00 Page 6 of 6 v3� TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 July 3, 2001 Mr. Carl A. Nelson 606 School Street Mansfield, MA 02048 SECOND ORDER TO ABATE NUISANCE Re: Map 28, Parcel 157 Spring Street Dear Mr. Staples, Please be advised that the odor emanating from, Map 28, parcel 157 Spring Street, as a result of the transportation and storage of partially composted leaves and yard waste, is hereby declared a nuisance (M.G.L. 111:122). You are hereby ordered to abate the nuisance by immediately ceasing all transportation of like materials to the site and immediately cease further manipulation of existing stockpiles of partially composted leaves and yard waste until you have registered the leaf composting operation with the Department of Environmental Protection, as required by 310 CMR 16.05: Site Assignment Regulations for Solid Waste Facilities; Applicability, (4) Conditionally Exempt Composting Operations, (b) Leaf Composting Operations. The conditions above are also deemed to be a source of air pollution (310 MR 7.00 Air Pollution Control Regulations), which unreasonably interferes with the comfortable enjoyment of life and property. The existing condition deprives the neighborhood of comfortable and reasonable enjoyment of their property. Should you fail to comply with this order, the Board of Health may order legal action or the removal of the nuisance and all expenses incurred shall be recoverable by the Town. If I can be of assistance, please do not hesitate to contact me. Very truly yours, FIE , BOARD OF Scott Health Agent U, o f