The URL can be used to link to this page

Home My WebLink AboutNotice of NonCompliance - Correspondence - 1010 JOHNSON STREET 7/28/2021 COPY FILE North Andover Wealth Department w fommunity and Economic Development Division NORTH ANDOVER HEALTH DEPARTMENT NOTICE OF NONCOMPLIANCE July 28, 2021 Dean Dynan 2 Suntaug Street Lyrmfield, MA 01940 RE: SECOND ORDER TO BRING CONSTRUCTION INTO COMPLIANCE Second Sample Sent for Analysis- 1010 Johnson Street, North Andover, MA. Issued in accordance with 310 Code of Massachusetts Regulations (CMR) 15.000 Dean Dynan: Pursuant to 310 CMR 15.255(3) and per your request, a. SECOND sample of sand was taken on July 22,2021 from the septic system being installed by you at 1010 Johnson Street, North Andover,MA. On July 23, 2021 this sample of sand was delivered to Yankee Engineering &Testing, Inc. for mechanical analysis. Yankee Engineering&Testing, Inc. sent the results to the North Andover Health Department on July 27, 2021. As determined by the second Sieve Size analysis performed by Yankee Engineering &Testing, Inc., the sand installed within the septic system located at 1010 Johnson Street, North Andover does not meet Title 5 standards set forth in 310 CMR 15.255(3) and FAILED the Sieve Size analysis. Please see the attached report for more details. Prior to taking the second sample of sand,the procedures that were used to take the first sample of sand and the procedures to be used to obtain the second sample of sand were discussed with both Scott M. Mensen,P.E.,P.G., Director of Testing at Yankee Engineering &Testing,Inc. and Daniel Ottenheimer, P.E.,President of Mill River Consulting. It was determined that the procedure used to take the first sample of sand did effectively obtain a representative sample of the sand used for construction, Page 1. of 3 North Andover Health Department 120 Main Street North Andover, MA 01.845 Phone: 978.688.9540 Fax: 978.688.8476 (July 28, 2021 continued) was appropriate at this site and the same procedures would be followed to obtain the second sample of sand to be analyzed. The first and second samples of sand were each taken from three separate locations and combined to ensure a good representation of the sand used for the septic system construction as described hereafter. The first sample of sand sent for analysis consisted of two (2) samples of sand taken from the north side of the septic system about thirty (30) feet apart and one (1) sample of sand taken from the south side of the septic system. The second sample of sand sent for analysis consisted of one (1) sample of sand that was taken from the north side of the septic system and two (2) samples of sand that were taken from the north side of the septic system about thirty (30) feet apart. Three (3) sampling locations combined were used for the first sample sent for analysis and three (3) sampling locations combined were also used for the second sample of sand sent for analysis. In total, (2) two samples of septic sand were sent for analysis that were obtained from a total of six (6) separate sampling locations, three (3) from the north side of the system and three (3) from the south side of the system. To obtain the sand samples at each of these six (6) locations, a shovel was used and a hole was dug down to a depth of about sixteen (16") inches where the sand is uniform and homogenous. All the samples were taken at the edge of the black geomat fabric where the septic system meets the five (5') foot overdig. A sample of sand from the bottom of each of the three (3) holes was placed via shovel directly into a large zip top bag and mixed. The methodology and procedure that was used has been determined to be representative of the sand used for this septic system installation. Pursuant to 310 CMR 15.025(4) as the licensed septic installer on the permit of record for this septic installation,you are hereby ORDERED to bring the construction into compliance by removing all the sand installed for this septic system and replaced with Title 5 approved septic sand within seven (7) days from receipt of this letter. Invoices/receipts must be submitted for all new sand brought onto this site and submitted to the North Andover Health Department upon arrival. The North Andover Health Department hereby requests all receipts for all the sand used for the initial construction of this septic system. We requested these receipts via email on July 8,2021 and verbally on or about July 19,2021 in a phone conversation and you have not submitted any receipts to this date. Please submit these receipts to the North Andover Health Department within seven (7) days from receipt of this letter. Page 2 of 3 North Andover Ilealth Department 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688,8476 (hily 281, 2021 continued) Please be advised that each day's failure to comply with this order shall constitute a separate offense and may result in penalties,310 CMR 15.026(4). Any person aggrieved by such order may appeal to any court of competent jurisdiction as provided for by the laws of the Commonwealth in accordance with 310 CMR 15.026(1). Please note that the dwelling located on this property and served by this septic system is inhabited so the North Andover Health Department considers this in an imminent threat to public health and the environment and may require any other action it deems necessary in accordance with 31.0 CMR 15.026(3) during the pendency of a hearing on the order. Once all the sand is removed, please schedule another bed bottom inspection at your earliest convenience. Please make sure the bottom of the bed is re-scarified and dewatered if necessary. This inspection must be performed prior to any additional sand being replaced at this location. Please feel free to call the Health Department with any comments, questions or concerns at the number listed below. Sincerely, 4 X 7 Tian J.1faGrasse, North Andover Director of Public Health Delivered Via: Certified Mail # 7019 228-0 0000 4302 9773 Regular First Class Mail Email-Uploaded to Viewpoint Permit CC: Homeowner, 1010 Johnson Street, North Andover, MA 01845 James Kavanaugh,Engineer Stephen Casey, North Andover Health Inspector Mill River Consulting BOH File Suzanne Egan, 'Town Counsel Page 3 of 3 North Andover Health Departnient 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 +000g Top, July 27, 2021 Mr. Stephen Casey Jr. Town of North Andover 120 main Sheet North Andover,MA 01845 RE: MA. 310 CMR Septic Fill (Title 5) Soil Gradation Analyses 1010 Johnson St—Title V Septic Sand North Andover, Massachusetts Project#2021-59 Dear Mr. Casey: Presented herein are the results from one (1) gradation analyses, performed on a sample (L-30293A) of proposed "Title 5" Septic soil, submitted July 23, 2021 and stated to represent the above source. The sample, weighing about 5 lb., was tested in accordance with ASTM D-422 washed sieve methods, yielding the following summarized results: L-30293A: 1010 Johnson St. N. Andover--Title 5 Septic Fill Soil USCS Soil Classification = SP-SM: light brown f/m sand trace silt trace gravel Sieve Percent MA 310 CMR Septic(Title V)Soil ,Sieve Total Sand Size Passing Gradation Limits(%Passing) Size % Pass %Pass 2" 100 100%By Weight of Total Sample 2" 100 100 1" 100 no gradation limits 3/4" 100 100 1/2" 100 no gradation limits 44 97 100 #4 97 55% -100%By Wt. of Total Sample #8 94 97 #16 87 90 #30 72 75 #50 48 10%-100%By Wt. of Sand Fraction #50 46 48 #100 18.6 0% -20% By Wt. of Sand Fraction #100 18 18.6 #200 7.8* 0%-5% By Wt.of Sand Fraction 000 7.5 7.8* As can be seen above, and on the attached "sand fraction" (100% < #4) gradation curve, the submitted sample did NOT satisfy the MA. State gradation requirements (listed above)for"Title V"septic fill soil as it was too fine "silty" on the#200 sieve. Should you need additional information, or require further soil testing services,please do not hesitate to contact me at our Worcester office. Regards, cott M. Mensen, P.E., P.G. Director of Testing Services 10 Mason Street Worcester Massachusetts 01609 Tel(508)831-7404 Fax(508)831-7388 CONSTRUCTION INSPECTION&MATERIALS TESTING www.yankeeengineeriiig.com Particle Size Distribution Report C C C G C C M d 0 (+O� O d O 'C. O to M N n \ M # 100 MA Title V se t€c Sand Fraction 7,� 90 so 70 r 4 I I I W 60 0 I I I I I I I I l l 1 I I I T, 40ry I I I I I I I I J ia I I 30 I I ! I I I I I I 1 {ikil I f 20 10 100 10 1 0.1 0.01 0.001 GRAIN SIZE-mm. %+3" %Gravel %Sand %Silt %Clay 0.0 0.0 92.2 7.8 SIEVE PERCENT SPEC.* PASS? Material Description SIZE FINER PERCENT (X=NO) Light brown fhn sand trace silt trace gravel 44 100.0 100.0 Shown results exclude 3%gravel(no stone> 1/2") M 97.0 #16 89.6 #30 74.9 Atterberg Limits #50 47.5 10.0- 100.0 PL= NP LL= NV Pl= NP #100 18.6 0.0-20.0 Coefficients #200 7.8 0.0-5.0 X D85= 0,9023 D60= 0.3985 D50= 0.3166 Dap= 0.2042 D15= 0.1302 Dqp= 0.0949 Ce= 4.20 C 1.10 Classification USCS= SP-SM AASHTQ= A-3 Remarks Sample submitted by client on 07/23/21 Did not meet MA Title V Septic Sand Fraction gradation limits See letter dated 07/27/21 for addititionat information MA Title V(septic)Sand Fraction Sample No.: L-30293A Source of Sample: 1010 dolmson St-N.Andover MA Date: 07/27/21 Location: 1010 Johnson St-Title V Sand(sand fraction) ' Elev./Depth: submitted YAN K E E ENGINEERING Client: Town of North Andover Project: Town of North Andover & TESTING INC Various Projects/Sites Project No: 2021-59 Tested By: AK Checked By: SMM