140 Septic Letters 2010 Dennis R. Lacourse
238 Park Street
Easthampton MA. 01027
E-Mail dennislacourseOahotmail.com
November 6,2010
Ben Wood
Northampton Board of Health
212 Main Street
Northampton, MA 01060
RE: Septic Plan, 140 Coles Meadow Road
Ben,
This plan can be approved subject to the following plan changes:
1. Leaching Galleries should be 1-1-20 Loaded
2. Galleries should be vented.
3. Plan should indicate all components and lines be installed with magnetic tape.
4. Plan should indicate that no changes be made to the approved plan unless
reviewed and approved by both the designer and the Northampton Board of
Health agent.
The designer has been called informed of the changes needed.
Respectfully,
Dennis R. Lacourse
BOARD OF HEALTH
DONNA C.SALLOOM.CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN, M.D.
Benjamin Wood, MPH,Director
Aimee Petrosky, Health Inspector
Javeria Mir,MPH,Health Inspector
Patricia Abbott RN,Public Health Nurse
Heather McBride.Clerk
November 8,2010
Michael Lavigne
Environmental Design, Inc.
477 River Road
Deerfield, MA 01342
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587—1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01060
Dear Mr. Lavigne,
Please see the attached letter from Dennis Lacourse. Please submit plans per the specifications listed.
Thank you.
Ben Wood
Director, Northampton Health Department
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BOARD OF HEALTH
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
Benjamin Wood,MPH,Director
Javeria Mr,MPH,Health Inspector
Patricia Abbott,RN,Public Health Nurse
Heather McBride,Clerk
Joyce Lak
140 Coles Meadow Road
Northampton, MA 01060
Dear Joyce,
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587-1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01060
In response to your request for additional information please review the following. Boards of
Health are required to uphold the provisions of 310 CMR 15.000 THE STATE
ENVIRONMENT CODE, TITLE 5: STANDARD REQUIREMENTS FOR THE SITING,
CONSTRUCTION, INSPECTION, UPGRADE AND EXPANSION OF ON-SITE SEWAGE
TREATMENT AND DISPOSAL SYSTEMS AND FOR THE TRANSPORT AND DISPOSAL
OF SEPTAGE. See below for the specific citation:
15.025: Enforcement by Approving Authorities
(1) The provisions of 310 CMR 15.000 shall be implemented and enforced by the
Approving Authority with oversight and assistance by the Department as necessary or as
set forth in 310 CMR 15.000.
Further, as is spelled out in section 15.351: System Pumping and Routine Maintenance pumping
reports have to be sent to the local approving authority(the Board of Health).The purpose of
doing this is so the Board of Health can evaluate if any condition exists that would require
action. In your case the pumper indicated that a problem existed, specifically indicating the
possibility that the Soil Absorption System (SAS)was not operating appropriately.
Based on this information Ms. Petrosky contacted you to say that the system needed to be
inspected to ensure compliance with Title 5 (310 CMR 15.000). 310 CMR 15.000 gives the Local
approving authority the responsibility of ensuring that a system is operating in compliance with
the regulation. You then contracted with Michael Lavigne of Environmental Design, Inc. who
did an inspection of the system. To be sure I understood the sequence of events from this point
forward I spoke with Mr. Lavigne on 12/8/10. Mr. Lavigne stated that the Soil Absorption
System was clogged and in failure. The following section of 310 CMR 15.000 states that the
existence of this condition means the system is in failure.
15.303: Systems Failing to Protect Public Health and Safety and the Environment
1(a)(1). there is backup of sewage into the facility served by the system or any
component of the system as a result of an overloaded and/or clogged soil absorption
system or cesspool;
To summarize, a system pumping report was sent to our office that indicated a problem existed.
It is the practice of the Board of Health to investigate or cause to be investigated any septic
system that may not be in compliance with 310 CMR 15 000 In this case an investigation
showed that the system needed to be repaired to be in compliance with the regulation. I am
including at the end of this letter an email from Dennis Lacourse, City of Easthampton Health
Agent and current Title V consultant for the City of Northampton so that you have the opinion of
another entity.
I hope this helps you to understand the department's actions and again while there may have
been problems with how a staff member interacted with you the actions taken are in line with the
authorities and responsibilities of a Board of Health as spelled out in Massachusetts General
Laws(specifically Ch. 2IA, Sec. 13 and C 111 Sec.123)and in 310 CMR 15.000.
Sincerely,
Ben Wood, MPH
Director, Northampton Health Department
"All pumpers are required to complete pumping reports to the local BOH. The purpose is to
inform the locals if they observe anything that might indicate that the system is not working
properly. That report in itself does not indicate that the system is in failure. The local authority
after reviewing the report can order the property owner to have the system inspected and resolve
the problem. In this case the septic system was back flowing into the tank. This is an indication
that the SAS is not receiving the flow from the tank or the SAS is in hydraulic failure. It is then
the responsibility of the inspector to determine as best as they can what the problem is and what
needs to be done. Amiee did exactly what she should have done. The pumper indicated a
problem existed and in requiring an inspection to determine if the system needs a minor repair or
is currently not in proper working order and not meeting the requirements of Title V in
protecting public health."Dennis Lacourse, 12/2/10
BOARD OF HEALTH
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
Benjamin Woad,MPH.Director
Javeda Mir,MPH,Health Inspector
Patricia Abbott,RN,Public Health Nurse
Heather McBride,Clerk
12-2-10
Joyce Lak
140 Coles Meadow Road
Northampton,MA 01060
Dear Ms. Lak,
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587—1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01060
In May of 2010 our office received a System Pumping Report for 140 Coles Meadow Road which said the
following: "tank overfull, leachfield running back". System pumpers are mandated to send these reports to the
local health authority so the health department can decide whether or not the system is functioning properly.
This report indicated that a problem exists,the extent of which could not be ascertained without a thorough
system inspection. It is the responsibility of the local Board of Health to uphold the requirements of Title V of
the Environmental Code which are designed to protect public health. I have discussed this issue with our current
Title V consultant, Dennis Lacourse(Easthampton Health Agent) and there is agreement that Ms. Petrosky took
correct action in this case.
On the other matter of how Ms. Petrosky handled herself and how the issue was presented to you I can only say
that I am sorry. Educating the public on why we take regulatory corrective action is as important as the action
itself and it appears that this was lost in this case. If you ever have interactions with health department staff that
you find troubling, please contact me.
Ben Wood,MPH
Director,Northampton Health Department
/2/Q