HomeMy WebLinkAbout2015 Jan 29 - Letter from DEP to Richard Judd, Moran Engineering G;���'��V'�DD
� � FEtl !� 6 2Q15
_ � . Commonwealeh of Massachusetts
Executive Dffioe of Energy&Environmental Affairs HEALTH DEPT.
� Department ofi Environmental Pro�ection
Southeast Regional Office•20 Riverside Drive, Lakeville MA o2347•5oe�94s-27oo
Charles D.Baker Matthew A.Bea[on
Govemw Secretary
Karyn E.Polito Martin Suuberg
LieutenantGovemor . Commissioaer
7anaary 29,2015
3Vk.Richard Judd RE: YA12ibI0iITII-Subsurface Sewage
Moran Engineering Assoc. Disposal—Inspection Complaint,
P.O.Box 183 45 Country Club Drive �
Soutfi Hanvich,Massachusetts 02661 i
Dear Mr.Jndd:
The Departmenf of�nvironmental Profection is issuing Uus correspondence as part of an ongoing review of
an inspection of a system you performed, serving an unoccupied dwelling,45 Counhy Club Drive in Yazmouth,
Massachusetts,on Niay 3,2014.Following the original review of the tivritien complaint regarding your inspecrion,
the Aepartmert held a meeting with you on November 4,20I4,to discuss your inspectian report.Specifically,the
complaint alleged that you did not do a correct Title 5 inspection.
Your inspection report revealed that fhere was only one pipe coming out of the dtvelling to a primazy
cesspool and rivo over flow cesspools.The report was later revised(and submitted to the Board ofHeaith)showing
hvo pipes existing the fivelliug and dischazging to the primary cesspool.Both the fust and revisad reports detaiied
that there were rivo(2)inlet lines in the primary cesspool.It was later disco�ered Uaat the geywater waste line that
eacited the dwelling did not dischazge to the primary cesspool but fo auother undiscovered cesspool that had been
missed as part ofyour inspection.
After reviewing documents pmvided by the complainant and you relative Yo the inspeciion of the system at
45 Country Club Drive, MassDEP understauds the system serving the dwelling is described as an"Overflow
Cesspool System"in the T�epartmenYs "Guidance for the Inspection of On-Site Se�wnge Disposal Systems". Within
the guidance is the follo�vi¢g statement relative to overElow cesspool systems:
"Overflow cesspool systems consist of an initial cesspool that overflows to some type of leaching
facility,either pits,fields or�enches.Generally,these systems are found in older facilities and
have been iostalled bit by bit over the years,usually to "repair"failed cesspools."
Referencing Title 5,310 CNIlt 15.000,more specifically,Section 15.302:Criteria for Inspection,the
following language applies to your inspeclion:
(1)The intent of 310 CNIl2 I5.302 is to provide reasonable guidance for the lnapection of
eaisting systems in as non-intrusive a manner as possible,aet iorth the requirements for
conducting an inspection,and to avoid damage to the system and any unnecessary disturbance of
the surrounding soil area whicH Is related to the treatment process.At a minimum,the septic tank
Thls Intormatlon Is avallable In altemate format Ca31 Ntchelle Walers�Ekanem,ONerslty Olrectar,atS17-292-5751.TfY#MassRelay Serv(ce b800�439-a170
" MauDEP WeOstte:w.nv.masxgov/dep
Printed an Rec/cled Paper
, 2
and distribution box,if present,or cesspool,if present,shall be located,uncovered and inspected,
and reasonable professioual efforts shali be made to lacate aud identify other components aad
Features,as descrfbed in 310 C1YIIt 15,302(2)aad(3)...........
(2)An inspecrion shall consisY of the collection and recording of the follawing information.
(a)a general descriprion of the system components and layout;
Information provided to MassDEP indicates the dwelling was built in 1969 and your client kad owned the
dweIIing since 1984.No records of desigu or construction of tl�e system(s)wera available at the Board of Health.
No record of informafion from the Board of Health or the client relative to historic backup of sewage in the dwelling
or locarion of a31 system components that seivice the dwelling appeared to ba available, Records indicate the
dweliing tivas only used for two months duriug the summer af 2012. At the time of the inspecrion,town�vater to the
dwelling was srill tumed of'f for the seasan.
7nspection of a system of tlus nature must follow Title 5 and the"Gn�idcmce". When the current o�vner of
the d�velling experienced a problem with the system leading to a Board of Heatth approved soIution to be
constructed and complated on January 27,2014,excavat€on activity in the area of the work performed,pmvided
more information about the past"repairs"of this"overIlow cesspool system". Please insure tha#your response to
the DeparimenYs request belrnv includes sufftcient detail to review"reasonable professional efforts"in addressing
inspectian of these types of systems.
Pleased be advised,after a£ull review of yovr inspecfion report and based on info�ation acquired at the
Novem6er 4,2014 meeting,the Department has determined tfiat your inspeciion failed to locate all of the system
components existing on the property and therefore,was in violarion of 310 CMR 15340(7)(b)�&(c).
The Depariment requesfs that you submit a detailed reporE that summazizes tha necessary procedures you
will perform in the fnture to locate'and identify all components and features of a system in compliance with the 3I0
CMR 15.000.17iis report shall be submitted to the MassDEP at the above address on or before February 27,
2015.
If you have any questions regarding this matter please canhct Brett A.Rowe at(508)996-2754.
Very truly ours, �
e
But Reso ce Protection
GBAR
Certified Mail: 7013 1090 0000 9295 7919
Ecc: Yarruouth Board of Heatth
P.1final.let9nspectw\Title S SlJudd ltr Jaouary 29 20IS.doc