HomeMy WebLinkAboutWatershed Permitting Program - Notice of Noncompliance 9/15/05 Massachusetts Department of Environmental Protection Enforcement Notice:
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= 4 Bureau of Resource Protection NON-SE-05-1V021
illii= WATERSHED PERMITTING PROGRAM-NOTICE OF NONCOMPLIANCE
I = [(1- M.G.L.c.21§§26-53,310 CMR 15.000
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A General Information SEP 1 9 ZUU5
CONTACT NAME: Paul McBride , HEALTH DEPT. DATE: September 15,2005
ADDRESS: Blue Water on the Ocean TOWN: Yarmouth
291 South Shore Drive WATERSHED: Cape Cod
Yarmouth,MA 0664 YEAR INITIAL INSPECTION DUE: 2004
IILocation Where Noncompliance Occurred: Blue Water on the Ocean
Date(s)Noncompliance Occurred: Prior to January 1,2005
El Description of Violations under M.G.L.c.21§§26 through 53 and 310 CMR 15.000
Failure to Obtain Inspection:
310 CMR 15.301(6),System Inspection: "Facilities where the total design flow generated on the facility equals or exceeds 10,000
gallons per day at full build out,shall be inspected by the last day of the calendar year pursuant to the following schedule in
accordance with the provisions of 310 CMR 15.006 and the applicable provisions of 310 CMR 15.300 through 15.354.
Year of Initial Inspection: 2004 for system located in Cape Cod_Watershed
310 CMR 15.024(6),Violations of 310 CMR 15.000: "It shall be a violation of 310 CMR 15.000 for any person to fail to obtain
an inspection in accordance with 310 CMR 15.000 when and as required."
Failure to Submit Inspection Results:
310 CMR 301(10),System Inspection: "The results of any inspection(s)required by 310 CMR 15.301 shall be submitted to the
approving authority on a System Inspection Form approved by the Department within 30 days of the inspection...Inspection forms
for systems with design flows over 10,000 gallons per day and shared systems shall be submitted to the Department by the approved
System Inspector and the owner..."
® Corrective Actions to Take and Deadline for Taking Such Actions
1. If an inspection has been conducted on the large system cited above,within 30 days of receipt of this NON,submit the results of
the inspection on an approved System Inspection Form(copy enclosed)to the Department, OR
2. If an inspection has not been conducted on the large system cited above,within 30 days of receipt of this NON,have an
inspection conducted by a currently approved System Inspector and submit the results of this inspection on an approved System
Inspection Form(copy enclosed)to the Department,within 30 days of the date of the inspection.
The above items must be submitted to:Jeffrey E.Gould,Chief,Water Pollution Control Section,DEP Southeast Regional Office,20 Riverside
Drive,Lakeville,MA 02347
flImportant Information
An administrative penalty may be assessed for every day from now on that you are in noncompliance with the requirements described in this
Notice of Noncompliance.Notwithstanding this NON,the Department reserves the right to exercise the full exten .fits gal authority in order
to obtain full compliance with all applicable requirements including,but not limited to, .ros`tii.I c�:cIincluding court-
imposed civil penalties or administrative penalties assessed by artment. /
September 15,2005 / ��
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Date Wat- ••lu F ontrol ectionChie,Bureau.fResourceProtection
Attachment:System Inspection Form i
cc: Board of Health
DEP SERO Office of Enforcement(2 copies)
Certified Mail No: 7002 2030 0006 4995 1222