10B-013 8 Aududon Rd ConservationPA Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A - Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Northampton Conservation Commission May 18, 2001
computer, use Conservation Commission (Issuing Authority) Date
only the tab
key to move To:
your cursor -
do not use the William and Virginia Seney
return key. Name of violator
8 Audubon Road, Leeds, MA 01053
r� Address
1. Location of Violation:
'
SAME
Property Owner (if different)
SAME
Street Address
Leeds, MA 01053
CityfTown Zip Code
1013 13
Assessors Map /Plat Number Parcel /Lot Number
2. Extent and Type of Activity:
Direct, point- source discharge of residential sewage from residence into Day Brook/Mill River
SEE BELOW under "C- ORDER" for required corrective action.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because:
® the activity has been /is being conducted without a valid Order of Conditions.
❑ the activity has been /is being conducted in violation of the Order of Conditions issued to:
Name
Dated
rue Number
Condition number(s)
WPA Form 9A
Rev. 02100 Page 1 of 1
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection - Wetlands
} WPA Form 9A — Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and /or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
uate
No further work shall be performed until a public hearing has been held and an Order of
Conditions has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
Owner must take immediate steps to connect to the City's sewer line. Work with DPW on
design and location of connection. Contact Ned Huntley at DPW for such arrangements
by May 22, 2001. Secure contractor and trench permit from DPW by June 1, 2001. Final
connection to the City's sewer must be complete by June 15, 2001. if these actions are not
taken, the Conservation Commission may begin issuing fines of up to $100 per day for
each day that the owner is not connected, beginning on the day of this notice.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty -five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not
to exceed twenty -five thousand dollars for each violation ". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals /Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
WPA Form 9A
Rev. 02100 Page 2 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
Y WPA Form 9A — Enforcement Order Provided by DEP
b Wi �,a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Questions regarding this Enforcement Order should be directed to:
Carolyn Misch, Senior Land Use Planner /Permits Manager
Name
587 - 1287
Phone Number
8:30 a.m. to 4:30 p.m. Mon -Fri
Hours /Days Available
WPA Form 9A
Rev. 02/00
Issued by:
of Northampton Conservation Commission
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
Signature of delivery person or certified mail number
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