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127 B'n'B Waste Sevices BOARD OF HEALTH DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. Benjamin Wood,MPH,Director aveda Mir.MPH,Health Inspector icia Abbott,RN,Public Health Nurse Heather McBride,Clerk 'B Waste Services Williams Street hampton, MA 01060 CITY OF NORTHAMPTON Brian Maziarz Operating without a 2011 permit Mr. Maziarz: MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587—1214 NORTHAMPTON,MA 01060 212 MAIN STREET FAX(413)587-1221 :scribed in a letter dated February 3rd, 2011 from the Department of Public Works,B'n'B Waste Services of applied for a 2011 commercial haulers permit as required by §272-6 of the City Ordinances and MGL Section 31A.B'n'B Waste Services must immediately cease and desist from collecting, transporting and sing of solid waste. -e to immediately correct this situation will result in the imposition of a fine of$1,000 as allowed by MGL ection 31B. Please contact this office to take all steps necessary to bring your business into compliance hese requirements. you for your cooperation. 'ood, MPH Dr, Northampton Health Department ward Huntley, Department of Public Works BOARD OF HEALTH )NNA C.SALLOOM,CHAIR SUZANNE SMITH, M.D. JOANNE LEVIN,M.D. njamin Wood, MPH,Director iiel Wasiuk,Health Inspector nund Smith,Health Inspector 'Abbott,RN.Public Health Nurse Heather McBride,Clerk 3 Waste Services Villiams Street iampton, MA 01060 Brian and Laura Maziarz CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587-1214 FAX(413)587-1221 212 MAIN STREET NORTHAMPTON,MA 01060 5-17-11 order to Immediately Cease and Desist: Operating without a 2011 Commercial Waste Haulers it t Waste Services continues to operate as a waste hauler within the limits of the City of Northampton ut a 2011 Commercial Waste Haulers Permit. B'n'B Waste Services must immediately cease and desist collecting, transporting and disposing of waste anywhere within the limits of the City of Northampton. Waste Services is in violation of MGL Chapter 111, Section 31 A and §272-6 of the City Ordinances. This atdicial order of the Board of Health to immediately cease and desist. Be advised that the City of ,ampton will pursue criminal and civil action as a next step as well as imposing fines. e contact this office to take all steps necessary to bring your business into compliance with these -ements. c you for your cooperation. Vood, MPH tor, Northampton Health Department Mayor Higgins Edward Huntley, Department of Public Works Elaine Reall, City Solicitor 'Kerb, BOARD OF HEALTH MEMBERS )ONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. enjamin Wood,MPH,Director a Abbott,RN,Public Health Nurse miel Wasiuk,Health Inspector Imund Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587-1214 FAX(413)587-1221 212 MAIN STREET NORTHAMPTON,MA 01060 6-13-11 B'n'B Waste Services 127 Williams St. Northampton, MA 01060 Brian and Laura Maziarz, As a clarification to the requirements of the City of Northampton Commercial Waste Haulers Permit, all who collect,transport and dispose of waste within the City of Northampton boundaries require a permit to do so. Please consider this letter as final notice of our intent to impose a fine of$1,000 for every separate offense violating this requirement. Under MGL 111 Section 31B the Board of Health is empowered to levy this fine. To be clear,you are required to obtain a Commercial Waste Haulers Permit for each vehicle from the Department of Public Works if you intend to collect,transport or dispose of waste in the City of Northampton.All other commercial haulers will be held to this same standard.Valley Regional Recycling&Transfer Facility has been notified of this clarification of City policy. Sincerely, - O Ben Wood, MPH Director, Northampton Health Department cc: Edward Huntley, Department of Public Works lood Edward S. Huntley[nhuntley @hampdpw.org] Wednesday, July 06, 2011 10:28 AM Ben Wood; Elaine Beall James Laurila, DPW; Karen Bouquillon t: BnB Waste rnents: nhuntley.vcf ras not heard anything from BnB waste and they still do not have a permit to haul waste. I guess they ve are not serious. Please move forward with your violations. I assume it is $1,000 for each violation and assume that each day is a new violation. ine it is time to start the recovery of the money owed. When would you like to meet? food Edward S. Huntley[nhuntley @hampdpw.org] Friday, July 08, 2011 9:03 AM Ben Wood Elaine Reall; James Laurila DPW; Karen Bouquillon; David Veleta t BnB Waste nents: nhuntley.vcf teservoir Road there is a home having some renovations done. This moming at 8:20 I witnessed BnB providing a roll off container to the site. I have a picture of this on my cell phone but do not have the lities to print it. I would be more than pleased to send it to your phone if you wish. With this information st issuance of a violation to the company for not having a City waste haulers license. s IOARD OF HEALTH MEMBERS NNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. jamin Wood,MPH,Director Abbott,RN,Public Health Nurse el Wasiuk,Health Inspector and Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587-1214 FAX(413)587-1221 212 MAIN STREET NORTHAMPTON,MA 01000 Notice of Fine and Laura Maziarz Waste Services 'illiams Street rmpton,MA 01060 Sir or Ma'am, July 8,2011 ly 86,2011 a City of Northampton employee witnessed B'n'B Waste Services providing a roll-off container to servoir Road(see enclosed picture).You have been notified in a letter dated 6-13-11 and in subsequent rsations that a Commercial Waste Haulers Permit is required to collect,transport and dispose of waste within ty of Northampton. B'n'B Waste currently does not have a Commercial Waste Haulers Permit.You have r been notified that every separate violation of this policy will cause the Board of Health to impose a fine. ter 111: Section 3111.Rules and regulations for removal of garbage; penalty to 31B. Boards of health shall, from time to time, make rules and regulations for the control of the /al, transportation or disposal of garbage, offal or other offensive substances. Whoever violates any ;ion of section thirty-one A, or of any rule or regulation made there under, shall he punished by a fine of ore than one thousand dollars. r, you shall submit a fine of$1,000 payable to the City of Northampton for this violation. Payment be received within 15 days of the date of this notice. Payment should be sent to 212 Main St., iampton, MA 01060. Failure to respond will cause this office to seek legal action. rely, Wood, MPH tor, Northampton Health Department dward Huntley, Department of Public Works laine Reall, City Solicitor Certified mail no: 70100290000082027626 4 c44 i' ✓/. re J CITY OF NORTHAMPTON, MASSACHUSETTS OFFICE OF THE CITY SOLICITOR September 23, 2011 Elaine M. Reall, Esq. City Solicitor Mr. Brian Maziarz Mrs. Laura Maziarz B'n' B Waste Services SENT VIA FIRST CLASS MAIL AND 127 Williams Street CERTIFIED MAIL #7007 0710 0004 Northampton, MA 01060 13390158 Re: NOTICE OF LEGAL ENFORCEMENT ACTION Dear Mr. and Mrs. Maziarz: Please be advised that your continued business operation in the City of Northampton without a valid Commercial Waste Haulers Permit constitute an illegal action. On July 8, 2011 — after multiple letters sent to you by the City of Northampton's Board of Health (2-5-11: Request to Correct Violation of M.G.L. c.111, §31A; 5-17-11: Order to Cease and Desist; 6-13-11: Final Notice of Intent to Impose Fine and 7-8-11: Notice of $1,000.00 Fine)— a fine of $1,000.00 was imposed on your business due to its continuing operation without the necessary, required Commercial Waste Haulers Permit. In addition, despite your representation to the Director of the Department of Public Works ("DPW") that you would adhere to the terms of a payment plan necessary to address the substantial debt owed by your business for prior use of the City's Landfill,' the City has not received any recent payment towards such debt. Please carefully review the terms of this letter with your business or family lawyer. If arrangements for satisfactorily addressing this outstanding debt are not made within the next ten (10) business days, the City of Northampton shall initiate both enforcement and collection actions on or about October 10, 2011. 'The original debt was$34,795.43 to which must be added the unpaid vehicle stickers, board of health fine($1,000.00)and state mandated interest. The amount owed as of September 14, 2011 is $41,472.99 Hampton Avenue, Suite 160 Northampton, MA 01060 (413) 584-0177 Email:AttyReall @Comcast.net If you, or your legal representative, wish to discuss this matter in greater detail, please contact me at(413) 584-0177, Sincerely, f7 � . Oa-0 Elaine M. Reall EMR:km cc: Ben Wood, Director, Board of Health Edward Huntley, Director, Department of Public Works )ARD OF HEALTH MEMBERS )IA C.SALLOOM,CHAIR JZANNE SMITH,M.D. OANNE LEVIN,M.D. min Wood,MPH,Director 'boa,RN,Public Health Nurse Wasiuk,Health Inspector ,d Smith,Health Inspector !ether McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587-1214 FA)((413)587-1221 212 MAIN STREET NORTHAMPTON,MA 01060 NOTICE TO ABATE A NUISANCE DATE: 11-30-2011 ADDRESS Brian and Laura Maziarz 127 Williams Street Northampton, MA 01060 mer of 127 Williams Street, Northampton MA re hereby notified to take action to remedy the conditions named below within )urs of the service of this notice, according to Massachusetts General Laws, Chapter 111, 3ns122-125. :RIPTION: Garbage and rubbish is being stored on site, including in/on a vehicle ie expiration of time allowed these conditions have not been remedied, or are not in the )ss of being remedied, such further action will be taken as the law requires and a fine of ).00 for each offense may be charged. By order of the Northampton Board of Health This abatement order is signed and certified under the pains and penalties of perjury. Ben Wood, Health Director Northampton Health Department CR,+ e' rYy ✓ ter+ ✓ i2 /i / ii )ARD OF HEALTH NA C.SALLOOM,CHAIR UZANNE SMITH,M.D. JOANNE LEVIN,M.O. min Wood,MPH,Director Wasiuk,Health Inspector ind Smith,Health Inspector ,bbott.RN,Public Health Nurse leather McBride,Clerk and Laura Maziarz illiams Street .mpton, MA 01060 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH order to Immediately Cease and Desist d Mrs. Maziarz: (413)587—1214 FAX(413)587-1221 212 MAIN STREET NORTHAMPTON, MA 01060 11-30-11 vember 2, and again on November 29-30, representatives of the City of Northampton observed properties i at 52 Glendale Road and 127 Williams Street being used for the deposit, placement, storage and/or al of garbage, rubbish and other refuse. At each site, trucks marked`BnB Waste Services"were ed full of refuse. These activities are injurious to the public health in violation of M.G.L. c. 111, §§ 122 OA, the State Sanitary Code, 105 CMR 400.000 et seq., and related local ordinances. Individually and as ner(s) of BnB, you are being held responsible. DER OF THE BOARD OF HEALTH, you are hereby instructed to immediately cease and desist from g, depositing, storing or disposing of garbage, rubbish or other refuse at either of the above-referenced ties, or at any other unauthorized location within the City of Northampton. This Order shall not prohibit per disposal of reasonable quantities of household refuse in accordance with the provisions of the State ry Code. See 105 CMR at 410.600-410.602. ✓ised that only permitted transfer stations and landfills can be used to deposit,place, or dispose of garbage bbish. Be further advised that in the event of your failure to comply with this Order, the City of mpton will pursue criminal penalties and/or civil remedies as a next step. you for your cooperation. Vood, MPH or,Northampton Health Department Elaine Reall, City Solicitor 3ARD OF HEALTH INA C.SALLOOM,CHAIR UZANNE SMITH,M.D. JOANNE LEVIN,M.D. 3min Wood,MPH,Director Wasiuk,Health Inspector Ind Smith.Health Inspector ,bbott,RN,Public Health Nurse leather McBride.Clerk and Laura Maziarz I `n' B Waste Services illiams Street mpton, MA 01060 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH order to Immediately Cease and Desist d Mrs. Maziarz: (413)587-1214 FAX(413)587—1221 212 MAIN STREET NORTHAMPTON, MA 01060 12-05-11 ;entatives of the City of Northampton have repeatedly observed residential properties located at ndale Road and 127 Williams Street, respectively, being used by you and/or B 'n' B Waste Services Lively"you")for the ongoing deposit, placement, storage and/or disposal of large quantities of garbage, h and other refuse. These activities constitute establishment of illegal dumping facilities in violation of c. 111, § 150A. Furthermore, you have been repeatedly notified that you are operating without a permit r legal authorization, in violation of M.G.L. c. 111, § 31A. Be advised that your continuing waste g and associated activities constitute a nuisance and an immediate threat to the public health. See M.G.L. §§ 122 and 150A, the State Sanitary Code, 105 CMR 400.000 et seq., and related local ordinances. WDER OF THE BOARD OF HEALTH, you are hereby instructed to immediately cease and desist from :ling any commercial waste hauling or associated activities within the limits of the City of Northampton. Ictivities shall include, without limitation, the removal, collection,transportation, placement. deposit, or disposal of garbage, rubbish or any other refuse, regardless of amount. This Order shall remain in rce and effect unless and until such time as you shall be in the possession of an unexpired commercial haulers permit duly issued by the City of Northampton. This Order shall not prohibit the disposal of al household refuse in accordance with the provisions of the State Sanitary Code and applicable local nces. See 105 CMR at 410.600-410.602; Code of Ordinances, City of Northampton § 272-6. you for your cooperation. erce /ood, MPH or, Northampton Health Department Elaine Reall, City Solicitor BARD OF HEALTH .NA C.SALLOOM.CHAIR UZANNE SMITH,M.D. JOANNE LEVIN,M.D. 3min Wood,MPH,Director Wasiuk.Health Inspector ind Smith,Health Inspector bbott,RN,Public Health Nurse leather McBride,Clerk end Laura Maziarz illiams Street mpton, MA 01060 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587—1214 FAX(413)587—1221 zmporary Waste Hauler Permit to Comply with Court Order 1 Mrs. Maziarz: 212 MAIN STREET NORTHAMPTON.MA 01060 12-20-11 ]ply with the Preliminary Injunction issued by the Superior Court Department of the Trial Court, B'n'B Services will be granted a temporary Commercial Waste Haulers Pct mit to dispose of all trash currently B owned containers that have been placed within the City of Northampton. The temporary permit will on 12/28/11. Please note that our decision to grant you a temporary permit in no way waives the ion that was issued on 12/19/11. ust go to the Department of Public Works to obtain the permit prior to engaging in any waste hauling r. After this date B'n'B will not be allowed to collect, transport and dispose of waste within the City of mpton until such time as the Northampton Department of Public Works issues a Commercial Waste s Permit. ised that only permitted transfer stations and landfills can be used to deposit, place, or dispose of garbage tbish. you for your cooperation. ood, MPH tr, Northampton Health Deparhment Elaine Reall, City Solicitor Ned Huntley, Department of Public Works C(ritA(ONW 1 Al III OF Yt YSS \CIlt SF T IS HAMPSHIRE. SS. SUPERIOR COT R UFPAR I A11.NT OF 'HIE TRIAL COURT CITY OF NOR I HAND la b) and l CHI Action No.: shroud its Board of l Ica lth and its Department of Public Works. Plaintitl. BRIAN A. MAZI.ARZ. LAC RV L. 1 NIAZIARZ. and BRYAN FNOND. individually and dlh a B B WAS [1 SERVICES. ! Defendants. PRELIMINARY INJUNCTION Upon Motion. and alter notice and hearing. this Court finds and rules that Plaimi II has demonstrated that: The relict hereby granted will promote the public interest: and ?. There is a likelihood that Plaintiff is ill prevail in the merits of this aeaion ut trial. This Court finds and rules that the above factors toutehah the probable harm to and the Likelihood of prevailing on the merits bv. Defendants. Accordingly. IT IS HEREBY ORDLRI.D.that Defendants. and each of them. in accordance with preVIOUSK issued Orders of the Board of I lcalth. lbrthvt ith remove all garbage. rubbish and iehcr refuse from 127 Williams Street and 52 (ilendale Road. a ithin the C in of Northampton. and dispose of such materials in accordance with !ate And. pzua unl lun,a{uo�; ;o 1I)141 'y panssl ynp ,IUUlad oulinry 01011H 11011(11.01.111 10 ti 0[S sod 0 4 w 14 i[egs > (r pual_,q se 00.111 yens ;!fun pill' ssalun 111/101110 . T 0..npj411 yLI' l;010.411 '. 10 rzsds; •p-ual:epodsuait loulal 1111 'uonmuwl Ino.pla '010(1;:).4 01 slnLUtpc polly∎ti Id uotdtuegLIo\ IJ QI ) J1j1 ❑IL[IIVv ?JI1 H100 11310[01 10 ` [CIpLJ¢IChI iue'11111npLt0) II) pun .41 .a'1! Ia r.rou 111; yL rcinsil,zop ((np LORrJUl ucyi ngio uoIuu "1110 .io ‘:11) ayi a .Ii" uouUDOJ JYt11c .:11r fluU :pn- ,[ rpu1117 - lam surzlll!.\A L:1 - 1 • L:110 u. )d1), Llor,lp 1tr■ 1111011 p21101ua ale 'mate to 1.13e0 puc 0110:01110j0(1 0:11 110.0 re µ.u; a 0I.1 L0L1 tog! UJ H( V0 L'-1I I L2Iad SI 11 COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CITY OF NORTHAMPTON,by and through its Board of Health and its Department of Public Works, Plaintiff, v. BRIAN A. MAZIARZ, LAURA L. MAZIARZ and BRYAN EMOND, individually and d/b/a B `N' B WASTE SERVICES, Defendants. x ) ) Civil Action No.: ) ) ) ) ) ) ) ) ) ) ) ) ) ) X AFFIDAVIT OF BEN WOOD IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Ben Wood affirms the truth of the following under the penalties of perjury: 1. My name is Ben Wood and I am the Director of the Health Department of the City of Northampton. By local ordinance,the Health Department acts as the agent for the City's Board of Health, and is charged with exercising the Board's authority and carrying out its responsibilities on a day-to-day basis. My Department's duties include enforcing a range of federal, state and local public health laws and regulations within the City limits. As Director, my personal responsibilities include supervising the daily activities of the Department and its personnel, providing all necessary support to the Board of Health, reporting to the Board on a regular basis, conducting community health assessments, developing health policy and programs and conducting environmental health investigations. 2. 1 make this Affidavit in support of the City's motion for an order enjoining Brian A. Maziarz, Laura L. Maziarz, and their local waste hauling business, B `n' B Waste Services (collectively, `BnB") from engaging in waste hauling and related activities within City limits, and requiring them to clean up two properties where they have accumulated trash,rubbish and other refuse. As described below, BnB's commercial activities are presently unlawful as BnB has lacked the necessary permits for nearly a year. More importantly for the purposes of the City's immediate need for an injunction, BnB has been using residential properties in the City as dumping grounds for refuse in violation of state and local laws. It is my opinion that these activities constitute a public nuisance and an immediate threat to the public health. However, my Department's repeated efforts to restrain those activities have been unavailing. I am fully aware of the facts and circumstances necessitating prompt injunctive relief in this case. 3. My Department became involved in this matter in early February 2011, when 1 was contacted by Ned Huntley, the Director of the Northampton Department of Public Works ("DPW"), regarding an issue the DPW was having with BnB. 4. Specifically, Mr. Huntley told one that BnB was conducting waste hauling activities in the City without the required permits(one for each of its three commercial vehicles). The permits had expired at the end of 2010 and BnB had not submitted an application to renew them. Moreover, BnB's credit account with the Northampton Regional Landfill (the City's only municipal landfill)had fallen deeply into arrears and had been terminated. Mr. Huntley told me that he had informed BnB that until the account was settled, BnB could not use the municipal landfill and DPW would not renew BnB's permits. 5. On the basis of the information I received from Mr. Huntley, 1 determined that it would be prudent to look into BnB's operations from a public health standpoint. 2 6. On or about May 16, 2011, I spoke with Charles Cline of the Western Regional Office of the Massachusetts Department of Environmental Protection("DEP"). Mr. Cline suggested that I have a look at a residential property located at 52 Glendale Road in Northampton. DEP believed that BnB was making illegal use of that property for the disposal or storage of refuse. 7. Upon information and belief, the house located at 52 Glendale Road is occupied by Mr. Maziarz's brother. I have never been able to contact the owner of the property, who I believe is Bryan Emond, one of defendants in this case. Upon information and belief, Mr. Emond spends much of his time in Korea. 8. Following my conversation with Mr. Cline, I visited the 52 Glendale Road property on several occasions. During the course of these visits, I observed that BnB was indeed storing significant amounts of trash of all types on the property—and possibly on some adjoining City land. I noted several loose piles of refuse around the property,including one large mound of trash that BnB appeared to be using as an open bum pile. Additionally, I saw several open- topped"roll-off' style waste containers filled with a variety of trash. One of the containers, which looked to be at least twenty-yards long, had clearly been there for a long time. On at least one occasion, I also witnessed workers loading refuse into trucks marked`BnB Waste". 9. On the basis of my observations, 1 concluded that BnB was effectively using 52 Glendale Road as a waste transfer station or a dumping ground for refuse. Activity of this sort raises serious public health concerns in addition to violating state law and related municipal ordinances. Such facilities cannot be established or operated within City limits without Board of Health approval (a formal process requiring, among other things, a public hearing and official site designation). 3 10. On May 17, 2011,1 issued an order to BnB to cease and desist from collecting, ransporting and disposing of waste without a permit. (Exhibit A.) 11. On May 18, 2011, 1 issued a further order to Mr. Emend, as owner of 52 Glendale Road,to cease and desist from using that property for the deposit, placement and/or disposal of garbage and rubbish. The order also instructed Mr. Emond to provide my Department with a corrective action plan detailing the type of refuse that had been placed on the site. (Exhibit B.) 12. Following the service of the above-described orders, I received a telephone call from Mr. Maziarz. During the conversation, I reiterated my concerns about the activities at 52 Glendale Road. He claimed that what I had seen was associated with a mandated"Section 8 cleanout" of the house on the property, and assured me that all waste would be promptly removed from the site. Mr. Maziarz also expressed his view that BnB did not need a commercial waste haulers' permit,because BnB was no longer using the municipal landfill. 13. Based on Mr. Maziarz's representations during our telephone conversation, and on my impression that the problem with the improperly stored refuse had been resolved, the Board of Health refrained from further action at the time. 14. With respect to Mr. Maziarz's claim that BnB did not need a permit to operate, 1 asked DPW for clarification. Mr. Huntley provided me with a policy document outlining the requirement under both state and local laws that commercial waste haulers operating within City limits be duly permitted. 15. On June 13, 2011, I sent a letter to BnB clarifying and reemphasizing its obligation to obtain permits in order to use its vehicles for the collection, transport, or disposal of waste in the City. I also informed BnB that its continued unlawful operation would subject it to fines. (Exhibit C.) 4 16. On the morning of July 8, 2011, Mr. Huntley observed and photographed a BnB truck providing a roll-off waste container to a work site at 36 Reservoir Road in Leeds, within the City limits. That same day, based on Mr. Huntley's observation, BnB was issued a notice of fine pursuant to M.G.L. c. 111, § 31B,for its continued operation without a permit. (Exhibit D.) BnB never responded to the notice or paid the fine. 17. On multiple occasions since, BnB trucks and dumpsters have been observed operating unlawfully within the City—including again at 52 Glendale Road. For example: (a) on July 27,2011, I observed a BnB truck carrying waste within the City; (b) on August 28, 2011, Mr. Huntley observed a BnB dumpster at a construction site located at the corner of Finn and Prospect Streets in the City and reported his observation to me; (c) on August 25, 2011, DPW employee David Veleta observed a BnB container at 98 Franklin Street in the City and reported his observation to me; (d)on October 25,2011, a BnB dumpster was observed and photographed at a residence at 28 Longview Drive in the City; and (e) on November 2-3, 2011, BnB trucks and dumpsters were observed and photographed full of garbage at 52 Glendale Road. 18. Within the last two weeks there have been a number of especially troubling developments in this matter. Collectively, and against the backdrop of BnB's manifestly unlawful commercial activities, these latest developments have persuaded me that BnB's activities within City limits— in particular, its continuing improper refuse storage and disposal practices, and its demonstrated unwillingness or inability to abide by duly issued orders of the Board of Health—constitute an immediate threat to the public health requiring court intervention. 19. Specifically, on November 29, 2011 and for several days thereafter, inspectors with my Department observed a large quantity of refuse being stored in the driveway of 127 5 Williams Street in Northampton. This downtown property, located in the middle of a densely inhabited residentially zoned district, is the Maziarzes' home as well as BnB's listed business address. In fact, most of the refuse was piled in a BnB truck. (The photographs are annexed as Exhibit E.) 20. The presence of this large quantity of trash stored openly in the middle of a residential neighborhood constitutes a nuisance and an obvious threat to the public health, and violates multiple state health laws and regulations and related local ordinances, including provisions c f the State Sanitary Code, and the above-discussed laws prohibiting the storage of garbage and other refuse except at duly designated facilities (see¶9 above). 21. By order dated November 30, 2011, the Board of Health instructed BnB to abate the nuisance at 127 Williams Street within 24 hours, and to immediately cease and desist from storing or disposing of any refuse at 127 Williams Street, 52 Glendale Road, or anywhere else within the City limits. (Exhibit F.) 22. Additionally, in early November 2011, inspectors with my Department noted that BnB has resumed activities at 52 Glendale Road (if those activities have ever ceased). On November 30, 2011, my Department noted that BnB was storing significant quantities of refuse at that site. This notwithstanding Mr. Maziarz's representations over six months earlier(see¶¶ 12-13 above) that a simple house cleanup was underway, and that the site would be promptly cleared. (Photographs are annexed as Exhibit G.) 23. Under the best of circumstances,the storage, transportation and disposal of trash gives rise to a variety of potential health risks. When improperly handled— as in this case—such activities can amount to a direct health threat. For example: 6 a. Organic refuse can contain infectious waste posing a threat of disease to human beings and other animals by way of the potential for direct transmission of hannful pathogens. b. Trash can also attract a variety of animals, including insects,birds and vermin(raccoons, rodents and the like). By increasing the instances of undesirable interaction between wildlife and humans in urban areas, this creates a potential health threat at several levels. Most problematically, raccoons and other vermin can be vectors for diseases, including rabies and salmonella. Such animals can also become intrusive and even aggressive when they become accustomed to the ready availability of a static food source. c. Refuse generated in connection with house demolitions and related activities poses other dangers. Such waste can contain asbestos, lead paint, and other hazardous materials. Friable asbestos products can become airborne, leading to the potential for human inhalation and lung damage. Lead dust can contaminate air, groundwater and soil d. Moreover, refuse can contain hazardous waste, such as commercial or household cleaners and other chemical products. Improper storage or disposal of these materials can pollute the environment and poses obvious serious public health risks. 24. Unfortunately, BnB has not only failed to comply with the Board of Health's November 30 orders to clear 127 Williams Street of refuse, it has instead actively evaded those orders. Specifically, at some point on December 4-5, BnB attempted to conceal its trash-laden truck behind a wooden fence on the property, loosely covering the refuse pile with a grey tarpaulin. Notwithstanding these efforts at concealment, as of this date the top of the garbage pile remains visible from the street. 7 25. By order dated December 5, 2011, the Board of Health again instructed BnB to cease and desist from all commercial waste hauling and related activities within City limits. (Exhibit H.) In view of BnB's disregard of the Board's previous orders,however, I believe it is unlikely that BnB will comply with this one. 26. 1 am of the view that: a. BnB's unlawful waste hauling activities have become inseparable from its improper accumulation and storage of garbage, rubbish and other refuse at unauthorized locations within the City. b. BnB either cannot or simply will not comply with duly issued orders to refrain from illegally accumulating and storing large quantities of various types of waste at unauthorized locations within the City, with the attendant public health risks. 27. My Department does not have the time or the resources to engage in"whack-a- mole"with BnB. In other words, we are not in a position to constantly monitor BnB's commercial activities, ordering BnB to abate its nuisances on a location-by-location basis in the hope of compliance. Moreover, BnB's manifest willingness to ignore and even evade Board of Health directives regarding its activities raises the concern that BnB might presently be accumulating, storing or disposing of refuse at other locations within City limits as yet unknown to my Department. 28. In light of the most recent developments in this matter; viewed against the backdrop of the general unlawfulness of BnB's operations since the expiry of its permits nearly a year ago; and considering BnB's current prohibition from use of the municipal landfill; it is my reasoned opinion that under present circumstances BnB's waste hauling and related activities 8 amount to a nuisance and an immediate threat to the public health. Thosc activities should be enjoined at least until such time as BnB is in possession of the required permits. Dated: Northampton, Massachusetts December , 2011 Ben Wood 9