HomeMy WebLinkAboutCorrespondence - 333 RALEIGH TAVERN LANE 3/12/2007 tkORr1�
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PUBLIC HEALTH DEPARTMENT
Community Development Division
March 12, 2007
Mr. Thomas Shea
Or Current Homeowner
333 Raleigh Tavern Lane
North Andover,MA 01845
Re: Wastewater Treatment Services
Dear Current Homeowner,
This correspondence is in regards to the Micro FAST septic system that is servicing the property
at 333 Raleigh Tavern Lane. The North Andover Health Department has been notified, and have
since confirmed, with Wastewater Treatment Services, Inc. that there is currently no contract for
services for this property with their company. If you have switched service companies,please
contact the Health Department, within seven days of receipt of this letter, with a copy of your
current contract.
Operation of this septic system without a maintenance contract is a violation of the MA
Department of Environmental Protection code, 310 CMR 15.287. (see attached information and
documentation) Your prompt response to rectify this violation, without the need of further action
by this office, will be greatly appreciated.
Thank u,
j
Susan Sawyer, REHS/RS7;�7
Public Health Director
Encl. Letter dated February 2, 2007
Copy 310 15.287
I/A fact sheet
Deed notice
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
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44 Commercial Street
Raynham, MA
02767
Tel: (508) 880-0233
Fax: (508) 880-7232
February 2, 2007
Mr. Thomas Shea ?
333 Raleigh Tavern Lane
North Andover,MA 01845
Re: Serial Number: MCF156
Location: 333 Raleigh Tavern Lane, North Andover,MA
Dear Mr. Shea:
We understand you do not wish to continue your maintenance contract with our
company. Please be advised the Massachusetts Department of Environmental Protection
requires a maintenance contract be in place for the life of the alternative septic system.
Also, we are required to inform both the state and local agency of your decision.
If you have any questions or need additional information please call our office at
(508) 880-0233.
Sincerely,
Donna L. Callahan
Copy to: Massachusetts DEP
North Andover Board of Health
1600 Osgood Street
North Andover, MA 01845
310 CUR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.286: continued
(10) Should the Department disapprove general use of the alternative system which was
provisionally approved,any person wishing to use such system may file a permit application for
use of the alternative system pursuant to 314 CUR 5.00(groundwater permitting). Disapproval
under 310 CMR 15.286 shall not prejudice any action on an application pursuant to 314 CUR
5.00.
(11) The conditions established in 310 CMR 15.287 apply to any use of a provisionally
approved alternative system.
(12) If at any time the local Approving Authority or the Department determines that an
alternative system that has been installed pursuant to a provisional approval is failing or has
failed,enforcement action may be taken.
(13) It shall be a violation of 310 CMR 15.000 to make a false representation that an alternative
system has been approved for provisional use.
15.287: General Conditions for Use ofAltemative Systems Pursuant to 310 CMR 15 284 throurah 15.286
The following conditions shall apply to all uses of alternative systems pursuant to 310 CMR
15.284 through 15.286:
(1) All plans and specifications shall be designed in accordance with 310 CMR 15.220.
(2) Any required operation and maintenance,monitoring and testing plans shall be submitted
to the Department and approved prior to initiation of the use. Monitoring and sampling shall be
performed in accordance with a Department approved plan. Sample analysis shall be conducted
by an independent U.S.EPA or Commonwealth of Massachusetts approved testing laboratory,
or an approved independent university laboratory,unless otherwise provided in the Department's
written approval. It shall be a violation of 310 CUR 15.000 to omit from a report or falsify any
data collected pursuant to an approved testing plan.
(3) The facility served by the alternative system and the system itself shall be open to inspection
and sampling by the Department and the local Approving Authority at all reasonable times.
(4) The Department and/or the local Approving Authority may require the owner or operator
ofhe system to cease operation of the system and/or to take any other action necessary to protect
public health,safety,welfare and the environment.
(5) The owner or operator shall provide written notice to any new owner or operator that the
system is an alternative system. Such notice shall include notice of the general conditions and
any special conditions applicable to the system and its owner.
(6) The owner or operator,or the proponent of the alternative system,shall obtain and provide
the Department with a determination from the board of certification of operators of wastewater
treatment facilities established pursuant to M.G.L.c.21,§34A as to whether a certified operator
is required for operation of the alternative system. The Department shall waive this requirement
if it has on file a determination for the alternative system,and shall notify the owner,operator,
or proponent of the determinati on.
(7) It is a violation of 310 CMR 15.000 to install,construct,or operate an alternative system
except in full compliance with the written approval and 310 CUR 15.287.
(8) The Department may require the issuance of a groundwater discharge permit pursuant to
314 CMR 5.00(groundwater discharge program)for any alternative system.
(9) The system owner shall maintain an operation and maintenance contract with a
Massachusetts certified operator where one is required by 257 CMR 2.00,or otherwise with a
person qualified to operate and maintain the system in accordance with the Department's written
approval.
a
LlInnovative and AIt rn tiv (I/A) On-Site
Septic t
M a $ s a c n ° $ ® t It t For most Massachusetts homes without access to municipal sewers septic systems
D e p a r t m a n t P pt� y
Of provide for on-site wastewater treatment and disposal. However, site limitations can
ENVIRONMENTAL
P R O T E C T 1 O N make it difficult to replace a failing cesspool or septic system with a conventional septic
system that will meet state standards. Innovative/Aitemative (1/A)on-site systems can
help address these situations:
• They are generally better than conventional septic systems at removing solids and
other pollutants from wastewater before it goes to the soil absorption system
(SAS).
• The SAS following an I/A technology can be expected to have a longer life.
• I/A technology can also provide advanced treatment to reduce the wastewaters
nitrogen content. For this reason, nitrogen reducing systems may be required for
new home construction near a private or public water supply well or other nitrogen-
sensitive areas.
Whether your home already has an I/A system or you are thinking about installing one,
it's important to get acquainted with the basics:what your alternatives are, how they
work,what they cost to install and maintain,what is required to stay in compliance with
Title 5(the State Environmental Code), and who you can turn to for additional
information and assistance.
UA Systems:the Basics
Before any I/A technology can be used in Massachusetts, it must be reviewed and
approved by the Department of Environmental Protection (DEP). Before it can be
installed at a particular site in a given community,the local board of health needs to
review and approve plans prepared by a qualified designer who is either a registered
professional engineer or a registered sanitarian. In certain instances,the site-specific
local approval must then be sent to DEP for concurrence and final authorization.
Both local and state environmental officials involved in the approval process are
responsible for ensuring that the proposed system meets local requirements,which
may be more stringent than DEP's;that the selected I/A technology will perform at
least as well as, if not better than, a conventional septic system; and that the
installation is done in accordance with all the requirements of Title 5.
As of June 2001, DEP had approved nearly 50 different I/A on-site technologies for use
in Massachusetts, and DEP and local boards of health had approved more than 1,350
individual installations across the state. DEP's website has detailed information on
approved technologies(see last page of this brochure for web addresses).
Have an 1/A on-site system already?
You need to know what kind of technology it employs, keep good records on the
system's location, and be sure to operate and maintain it properly. DEP requires that
owners of I/A systems have a maintenance contract with a specifically licensed
individual or company.
Want to investigate 1/A on-site technologies?
Your first stop should be the office of your local board of health. There, you will learn
about local requirements for on-site systems, possible restrictions on the use of I/A on-
site technologies, background information about environmental conditions in your
community, and information on qualified on-site wastewater system design
professionals.
No matter what type of system you want to install for on-site wastewater treatment and
disposal,you will need to work with a qualified system designer to make the right
decisions and to produce plans that can be submitted to obtain local and, if necessary,
DEP approval. Here are some initial questions to ask the designer.
• Should I install an I/A system?
• What are my technology options?
• What are the local and state approval requirements?
• How much will it cost me to install, operate and maintain an I/A technology as
opposed to a conventional septic system?
Massachusetts Department of Once you have identified one or more specific technologies to consider, you should
Environmental Protection ask additional questions of the designer.
• How many of these systems are operating in Massachusetts?What does the
One Winter Street performance data show?What is the warranty?
Boston,MA 02108 4746 . What type of DEP approval does this system have?Will DEP approval be required
to install the system on my lot?
Conwmvwear(h of • What are the sampling and testing requirements?What will the operation and
Massachusetts maintenance service contract cover?
Jane Swift,Governor . Is there any information available on equipment or operating problems?
Executive Office of Buying a home?
Environmental Affairs If you are thinking of purchasing a previously-owned home that is not connected to a
Bob Durant,secretary sewer,you should request a copy of the inspection report that is required by Title 5
when a house is to be sold.This is a requirement whether the house has a
Department of conventional septic system or an I/A system.
Environmental Protection
Lauren A.Liss,Commissioner For either new or existing homes, you should inquire about the on-site system and
whether it employs I/A technology. if it does, you should ask the owner or real estate
Produced by the agent the same questions that you would ask a designer. If they can't answer your
Bureau of Strategic Planning questions, you should require that they either do the necessary research and get back
to you or put you in contact with the designer of the system. Don't sign a purchase-
and of Innovative Technology and-sale agreement until you are fully informed about the type of I/A system in use on
and Green Business the property, as well as the related maintenance contract requirements, annual
and the operating and energy costs, and maintenance history.
Bureau of Resource Protection
Division of Watershed Want to learn more?
Management For additional information about I/A on-site technologies for wastewater treatment and
Title 5 Program, disposal, call DEP's Title 5 Hotline at(800)266-1122 or contact the DEP Regional
November 2001.Printed on Service Center that covers your part of the state(the local board of health can tell you
recycled paw. which DEP regional office serves your community):
This information Is available in Western
alternate format by calling our (Springfield) (413) 775-2214
ADA Coordinator at Central
(617)5746872' (Worcester) (508) 792-7683
Metro/Northeast
(Wilmington) (978)661-7677
Southeast
(Lakeville) (508)946-2714
On the Web:
Massachusetts Department of Environmental Protection:
Basic consumer information on septic system maintenance, inspection, repair and
financing: http://www.state.ma.us/der)/consumer/consumer.htm
Frequently asked questions about the agency's I/A on-site technology approval
program:http://www.state.ma.us/dep/brp/wwm/t5i)ubs.htm
Technical information on I/A technologies approved for use in Massachusetts:
http://www.state.ma.us/dep/brp/wwm/t5i)ubs.htm
Massachusetts Department of Massachusetts Altemative Septic System Test Center.
Environmental Protection http://www.buzzardsbay.om/etimain.htm
One Winter sheet
Boston.MA 02108-4746 Small Flows Clearinghouse:
http://www.nesc.wvu.edu/nsfc/nsfc index.htm
Commonwealth of
Massachusetts
Jane Swift,Governor
Executive Office of
Environmental Affairs
Bob Durand,Secretary
Department of
Environmental Protection
Lauren A.Liss,Commissioner
Produced by the
Bureau of Strategic Planning
Office of Innovative Technology
and Green Business
and the
Bureau of Resource Protection
Division of Watershed
Management
Title 5 Program,
November 2001.Printed on
recycled paper.
This information is available in
alternate format by calling our
ADA Coordinator at
(617)574-6872.
Deed Notice
333 Raleigh Tavern Lane,North Andover, Massachusetts, further described at the Essex North
Registry of Deeds Book 93Q Page_an, has a Micro FAST septic system which was installed in C
October of 1998.
This system is manufactured by:
Bio-Microbics
8271 Melrose Drive
Lenexa, KS 66214
and is distributed by:
J &R Sales & Service, Inc.
44 Commercial Street
Raynham,MA02767
Regulations governing the use and maintenance of the above-referenced system are pursuant to
Title V of the Massachusetts General Laws, 310 CMR 15.00 and through the North Andover
Board of Health.
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