HomeMy WebLinkAboutCorrespondence - 227 GRANVILLE LANE 6/19/2003 n I N
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July 11, 2003 @ 3:45 p.m.
Sandy,
Please call Peggy Patenaude from Prudential Howe&Doherty re: 227 Granville Lane. The Title
5 failed, and the bank/lender will not close on Tues. unless they have a letter from the Health
Dept. saying that the system can still be used by the new owner until it is fixed within the two
years.
This is the same address that Beverly McCarthy asked you to do a letter on regarding the new
plans that Bill Dufresne designed.
Please call her at 978-269-2266 asap please.
Thanks,
Pam
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TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
27 CHARLES STREET * z
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NORTH ANDOVER,MASSACHUSETTS 01845 9Sa�H«s `
Sandra Starr,R.B.,C.H.O. (978)6889540-Telephone
Public Health Director
(978)688-9542-Fax
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Please call 978-688-9540 for assistance with any questions. Thank you.
xc: Address File
Chrono File
HP Fax K 1220xi Log for
NORTH ANDOVER
9786889542
Jul 10 2003 11:20am
Last Transaction
Date Time Tyne Identification Duration Pages Result
Jul 10 11:18am Fax Sent 89784755066 1:36 3 OK
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.305: continued
(2) If a system serving a facility with a design flow of 10,000 gpd or greater but less than
15,000 gpd is a significant threat to public health and safety or the environment as set forth
in 310 CMR 15.304(2),the owner or operator shall upgrade the system within five years of
discovery in accordance with the provisions of an enforceable schedule unless:
(a) a shorter period of time is set by the Department based upon the existence of an
imminent health hazard;
(b) the continued use of the system is permitted by the Department because it is
necessary to allow implementation of an environmentally superior solution. An
enforceable commitment by the owner to perform interim measures (e.g., regular
pumping,addition of fill)shall accompany any such approval by the Department. Such
approval shall expire in seven years or upon the failure of the applicant for such approval
to meet interim deadlines set forth in the enforceable schedule for upgrade.
V(3) The owner or operator shall take appropriate measures throughout the period between
discovery of the condition requiring upgrade and completion of the upgrade to ensure that
there is no backup or direct discharge of sewage or effluent to buildings,to the surface of the
ground,or to surface waters. The local approving authority or the Department may order the
owner or operator to take any measure necessary to ensure the protection of public health and
safety and the environment during such period.
(4) All systems shall be abandoned in accordance with 310 CMR 15.354 and the buildings
served by the systems shall be connected to a sewer when a sewer becomes available,unless:
(a) the system is an alternative system approved for such use pursuant to 310 CMR
V 15.280 through 15.287 -
(b) the Department has made the determination in approving either the remedial use of
an alternative system pursuant to 310 CMR 15.284 or in certifying an alternative system
for general use pursuant to 310 CMR 15.288 that any person using such system need not
connect the facility to a sanitary sewer if such connection is feasible;or
(c) the owner of an existing system has obtained a variance from this requirement
pursuant to 310 CMR 15.410 through 15.415.
All systems shall be abandoned in accordance with 310 CMR 15.354 and the buildings
served by the systems shall be connected to a sewer when directed to do so by the Board of
Health pursuant to M.G.L. c. 83, § 11,by the Department pursuant to 310 CMR 15.000,or
by court order.
15.340: Approval of System Inspectors
(1) System Inspectors who perform inspections pursuant to 310 CMR 15.301 shall be:
(a) Massachusetts Registered Professional Engineers with a concentration in civil,
sanitary or environmental engineering;Massachusetts Registered Sanitarians;or Certified
Health Officers;or
(b) Board of Health members or agents,Engineers in Training(EIT certified)with a
concentration in civil, sanitary or environmental engineering, professional home
inspectors, licensed septage haulers or system installers, or other individuals with a
minimum of one year of demonstrated experience in septic system inspection,who have
attended training provided or authorized by the Department; and who have passed an
examination prepared and administered by the Department or an agent authorized by the
Department to qualify as an approved System Inspector pursuant to 310 CMR 15.340(2).
(2) The Department may approve System Inspectors who attend training provided or
authorized by the Department and pass a standard examination prepared and administered by
the Department or an agent authorized by the Department.Said examination shall be designed
to establish the fitness of the applicant for certification to assess the condition and function
of on-site systems and to determine whether maintenance,including repair or replacement of
system components,is necessary.
(3) The passing score for the examination shall be 75% correct answers to all questions
posed. Any person who is denied approval as a System Inspector based on his or her failure
to pass the examination given by the Department may request, and is entitled to receive,a
written statement of the Department's basis for denial.
11/3/95 310 CMR-549
310 CMR: DEPAR'I'NIEN'I'OF ENVIRONMENTAL PRO'I'EC-I'ION
15.304: continued
6. if size and use of the facility is relevant to the demonstration that an equal level
of environmental protection has been provided,appropriate use restrictions shall be
granted to ensure that such conditions are not changed.
(c) An applicant for a determination pursuant to 310 CMR 15.304(3)shall file a request
for such determination not less than two years prior to the date by which the owner would
otherwise be required to obtain the groundwater discharge permit pursuant to 310 CMR
15.305(2).
j (d) In making any determination pursuant to 310 CMR 15.304(3),the Department shall
impose such conditions as it determines appropriate to ensure protection of public health
and safety and the environment. At a minimum,such conditions shall include upgrade
of the system to the standards described in 310 CMR 15.304(3)(b)4.,and a maintenance,
monitoring and reporting plan as described in 310 CMR 15.304(3)(b)5.
i
(4) Any system serving a facility with a design flow of 10,000 gpd or greater but less than
15,000 gpd shall be upgraded upon the order of the Department or the local approving
authority when a specific circumstance exists by which the system threatens public health,
safety or the environment or causes or threatens to cause damage to property or creates a
nuisance as determined by the local approving authority or the Department. Where necessary
to protect public health and safety and the environment, the Department or the local
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approving authority may require the owner to install a recirculating sand filter or equivalent
alternative technology in accordance with 310 CMR 15.202 or to obtain a groundwater
discharge permit in accordance with 314 CMR 5.00 and 6.00.
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15.305: Deadlines for Completion of Upgrades
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V"(1) If a system is failing to protect public health and safety or the environment asset forth.
in 310 CMR 15.303(1)or 15.304(1),the owner or operator shall upgrade the system within
two years of discovery unless:
V1 (a) a shorter period of time is set by the local approving authority or the Department
based upon the existence of all imminent health hazard•,or-
(b) the continued use of the system is permitted by the local approving authority in
accordance with the provisions of an enforceable schedule for upgrade. Bases for
continued use include,but are not limited to,proposals to connect to a sanitary sewer or
Gshared system. A fiscal commitment to the sewering plan or shared system plan,together
with an approved facility plan where appropriate,proposing connection or replacement
of the failing system within five years,and an enforceable commitment by the owner to
perform interim measures(for example,regular pumping)shall accompany any such local
approval. Such approval shall expire in five years or upon the failure of the applicant for
G; such approval to meet interim deadlines set forth in the enforceable schedule for upgrade
and the plan. The Department may by specific written approval authorize the local
approving authority to allow a longer period of time where the municipality has provided
i� the Department a proposed implementation schedule for design and construction and has
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made a demonstrated financial commitment to the construction schedule. Tire Department
may revoke any such approval ifthe approved schedule is not met. p
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11/3/95 310 CMR-54£3.3
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