38D-075 Sewer break at ArcadiaMassachusetts 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
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A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Northampton Conservation Commission April 13, 2001
computer, use Conservation Commission (Issuing Authority) Date
only the tab
key to move To:
your cursor -
do not use the Northampton Department of Public Works
return key. Name of Violator
kAddress
1. Location of Violation:
Property Owner (if different)
N /A— cross country sewer line break between Harlow and Hampden
Street Address
Northampton MA 01060
City/Town Zip Code
38D 75
Assessors Map /Plat Number
2. Extent and Type of Activity:
Parcel /Lot Number
Main Sewer line break discharging sewer into wetland resource area: Arcadia (Mass Audubon Soc)
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:
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
❑ Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
DEP File Number:
Nrovided by UEH
❑ 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
Date
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:
The DPW must submit a standard contingency plan showing how it will deal with problems
related to sewage overflow on all potentially effected lines within the City of Northampton
that are within proximity of or in wetland resource areas.
This plan must be submitted to the Conservation Commission by its next meeting,
May 3, 2001.
If the DPW does not submit a plan by this date, the Commission may begin issuing fines of
up to $100 per day for each day that the plan is delayed.
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 Page 2 of 2
Rev. 02/00
Massachusetts Department of Environmental Protection DEP File Number:
n Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
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
Issued by:
City 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:
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Signature of delivery person or certified mail number
WPA Form 9A Page 3 of 3
Rev. 02100