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8 WYMAN AVE s wymAN Avg. loliclandaf1wr /3 Esselte 42101/3 10% P2 t y �� N VE. m JOHN D. KEENAN ASSISTANT CITY SOLICITOR /z OG7 Q,vp- TELEPHONE (978) 744-8500 • FAX (978) 744-0111 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS b DEPARTMENT OF ENVIRONMENTAL PROTECTION y. ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 1y yea" ARGEO PAUL CELLUCCI Governor TRUDY COXE Secretary DAVID B.STRUHS Commissioner August 17, 1998 Deneen Simpson,Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter Street, Third Floor Boston,MA 02108 Re: In the Matter of: Patricia(Knuttila) Miller Docket No. 98-077; File No. 126296 Dear Ms. Simpson: Please docket the enclosed Notice of Appearance in the above captioned adjudicatory proceeding. Thank you for your assistance. Re ectfully submitted, n I Sharon M. Pelosi Senior Counsel CERTIFICATE OF SERVICE I, Sharon Pelosi, do hereby certify under the penalties of perjury, that on this date I served the enclosed Notice of Appearance by first class mail, postage pre-paid, to those parties on the enclosed Service List. Date: Sharon M. Pelosi Senior Counsel This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: httpJh~v.magnet.state.ma.us/dep 40 Printed on Recycled Paper COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the Matter of ) Docket No. 98-077 Patricia(knuttila) Miller ) File No. 126296 NOTICE OF APPEARANCE Please enter my appearance in the above captioned matter representing the Commonwealth of Massachusetts, Department of Environmental Protection, on whose behalf I am duly authorized to participate, appear and accept service of papers, decisions and orders. Service can be made to the following address: Sharon M. Pelosi Department of Environmental Protection Office of General Counsel One Winter Street, 3rd Floor Boston, MA 02108 (617) 556-1104 (617) 338-5511 (telefacsimile) Respectfully submitted, Date: <Y'i 1 t��'�11 ("�� Sharon M. Pelosi Senior Counsel SERVICE LIST In Re: Patricia uuttil ) Miller Docket No. 98-077 Transmittal No. 126296 Representative poly Dwain B. Smith, Esq. APPL-PETITIONER Smith & Smith Patricia (Knuuttila) Miller 315 Liberty Square Danvers, MA 01923 Sharon Pelosi, Esq. DEPARTMENT Dept. of Environmental Protection One Winter Street Boston, MA 02108 date: August 17, 1998 cc: John D. Keenan, Esq. Law Office of John D. Keenan Assistant City Solicitor 15 Church Street Salem, MA 01970 Christos Dimisioris DEP - Wastewater Management Program One Winter Street - 6th Floor Boston, MA 02108 COMMONWEALTH OF MASSACHUSETTS CU EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ARGEO PAUL CELLUCCI TRUDY CORE Governor Secretary DAVID B.STRUHS Commissioner October 1, 1998 In the Matter of Docket No. 98-077 PATRICIA (KNUTTILA) MILLER, PETITIONER PRRHRARTNP CONFFRFNCF. ORDER A mandatory prehearing conference in this case will be held before Administrative Law Judge Francis X. Nee on November 2 , 1998 , beginning at 10 : 00 a .m. , in the 3rd floor hearing ropm of the Office of Administrative Appeals, Department of Environmental Protection, One Winter Street ( "The Corner Mall".) , Boston, Massachusetts . For special accomodafions for this event,contact William Clarke at this address or call(617)556-1061. This information is available in alternate format by calling our ADA Coordinator at(617)570.6872. DEP on the Word Wide Web: hftp://Ws .magnet.state.ma.usidep Z J Printed on Recycled Paper 2 Purpose of the PrPhearing Conference The Conference is intended to : 1 . Assist the parties in resolving some or all of the issues without a hearing. Consistent with this intention, the Administrative Law Judge will explore with the parties the possibility of referring this case to a trained mediator. 2 . Establish a schedule for all further proceedings, including a date for a hearing. 3 . Identify the issues to be addressed, and the evidence to be introduced, and the witnesses who will testify at the hearing. RpMiirad Action by the Parties All parties are ORDERED to: 1 . Confer at least once prior to the date of the Prehearing Conference to discuss settlement, including the possible use of mediation to resolve some or all of the issues in the case, and be prepared to report on the outcome of their discussions at the Prehearing Conference . 2 . Exchange, and file with the Docket Clerk, at least 7 calendar days zrior to the cnnference : a. written statements of all unresolved issues (joint statements of issues are encouraged) ; b. written lists of the witnesses each party intends to present at the hearing, together with a brief written summary of the expected testimony of each witness (see paragraph 4 of the enclosed Directive) ; and C . if the case involves the appeal of a permit or a license, the applicant must provide to all of the other 3 parties, and file with the Docket Clerk, copies of any new or altered project plans on which the applicant intends to rely in this proceeding; or d. if the case involves the appeal of a civil administrative penalty, the Department must provide to the petitioner a written explanation of the calculation of the penalty amount . 3 . Attend the Prehearing Conference - in person or by a duly authorized representative who has the authority to make binding agreements, including scheduling commitments . Alternatively, any representative without such authorization must come to the Prehearing Conference with the name (s) of any person (s) from whom authority is required and must be able to reach such person at the time of the Prehearing Conference . 4 . Bring to the Prehearing Conference, with copies for the Administrative Law Judge and other parties, any written statements of Department policy or guidance that a party intends to cite or introduce into evidence at the hearing. 5 . Be prepared to state your position on whether to elect a simplified hearing in this case . Saa 310 CMR 1 . 01 (8) (a) . 6 . Be prepared to commit to scheduling for all further proceedings consistent with the Directive . 7 . Be prepared to state your position on whether direct testimony should be prefiled in this case . See 310 CMR 1 . 01 (12) (f) . Please note that because the use of prefiled direct testimony tends to speed the hearing and avoid surprise, its use is strongly preferred, particularly when there are complex issues of fact . 4 8jpnlicahle Time Line It is expected that the final hearing will take place within four months of the date of the Conference . SPP "Case Handling Time Line" attached to the Directive . Any party that wishes the final hearing to be scheduled more than four months after the date of the Prehearing Conference must come to the Conference prepared to present detailed reasons in support of such an extension. The, parties are advised that a strong showing of special circumstances must be made for an extended hearing date to be assigned. Sanctions for Noncomlollance with This Order Any party that fails to comply with this Order will be subject to appropriate sanctions, including, but not limited to, dismissal for failure to prosecute or termination as a party. Rescheduling of PYPh arina con PrPncP pis avor d Requests to reschedule the Prehearing Conference are disfavored and generally will not be granted. In the extraordinary event of scheduling conflicts which cannot be resolved, requests to reschedule must be made by written motion served on all parties . The motion must provide specific reasons for the request and state alternative dates that have heeniagreedd to by all of the parties , A request for rescheduling will not stay, or otherwise alter, the scheduled date of the Conference unless, and until, the request is granted by the Administrative Law Judge . Nntito PP sons copied on Service Tist Those persons shown on the attached Service List as receiving copies of this Order (other than D.E . P. personnel) are advised that they are not parties in this case and will receive 5 no further notice of these proceedings unless they both a) file a Motion to Intervene or a Motion to Participate (see 310 CMR 1 . 01 (7) ) on or before the date of the Prehearing Conference; and b) comply with all the other requirements of this Order, including the requirement that they attend the Prehearing Conference . rancis X. Nee Administrative Law Judge Enclosures SERVICE LIST In Re: Patricia (Knuttila) Miller, Requestor Docket No. 98-077 File No. SDA Representative Party Dwain B. Smith, Esq PETITIONER/REQUESTOR Smith & Smith Patricia (Knuttila) Miller 315 Liberty Street Danvers, MA 01923 William J. Lundregan, Esq. City OF SALEM 81 Washington Street Salem, MA 019702056 Sharon Pelosi, Esq. DEPARTMENT Department of Environmental. Dept . of Environmental Protection Protection 1 Winter Street, 3rd Floor Boston, MA 02108 cc: Christos Dimisioris DEP Staff Department of Environmental Protection 1 Winter Street Boston, MA 0210 date : October 1, 1998 commonwealth of Mcssochusetts Executive Office of Environmental Affon Department of Environmental Protection We9am F.WNd eawnRr Trudy Core s�?.Wr.� Devld a StMp Cs,rnirsrr CO SSI014MIS DIRECTIVE oN TimE LIaTS AND TIMELINES FOR ADJUDICATORY APPEALS 1) PURPOSE The purposes of this Directive are to: a) Achieve efficient, expeditious and fair resolution of adjudicatory appeals; b) Eliminate the present backlog and prevent future backlogs of adjudicatory appeals; c) Adopt the specific recommendations of the Administrative Hearing Reform Advisory Committee, as outlined in their Final Report, dated December 28, 1993; d) Further effectuate and implement the Commissioner' s Directive in Management of Adjudicatory Appeals, dated February 18, 1994, with specific reference to Section 2 (a) of that Directive, relating to the institution of time limits in adjudicatory hearings; e) Provide guidance to Administrative Law Judges ("ALJs") and the parties in the application of similar provisions in the revised Department of Environmental Protection ("Department") rules for adjudicatory proceedings, 310 CMR 1. 01; f) Supersede the Commissioner's Directive in Mandatory Timelines, dated March 1, 1993, and reissue Mandatory Case Flow Timelines. 2) WPLICABILITY All Department staff and other persons involved in the adjudicatory hearing process are instructed to comply with this Directive. 3) TIMELINE Consistent with the above purposes, the Commissioner's Directive in Mandatory Timelines for Adjudicatory Hearings, dated March 1, 1993, is superseded, and a mandatory 12 month case flow timeline, attached hereto, is established for all cases, except those: designated major and complex pursuant to paragraph 6 below; which may require an enlargement of time to obtain physical evidence that is temporarily unavailable due to seasonal conditions; granted expedited status pursuant to paragraph 9 below; One wwwr Streit • Boewn;Mewehuaem 0210e • FAX(611)SW1049 • Telephone (61])292.5500 W P—WdW RWVdd hp. rl be established by the ALJ, but they should not follow the mandatory timelines or presumptive limits and should be evaluated and established on, a case by case basis, also subject to variation for good cause shown, consistent with 310 CMR 1.01 sec.13 (d) , (e) and (f) and this Directive. A request to the General Counsel to designate a case as *major and complex" shall be made not later than the date of the prehearing conference. 7) TRANSCRIPTS In cases designated major and complex pursuant to paragraph 6 above or granted expedited status pursuant to paragraph 9 below, the party or parties requesting such designations shall be responsible for retaining and paying the costs of a court stenographer, including the costs of providing transcripts to all P except t in cases where fairness may require a different allotment of costs, pursuant to 310 CMR 1.01 (13) (m) (1) . 8) SIMPLIFIED EEARING In cases where parties have elected a simplified hearing pursuant to 310 CMR 1. 01 (8) (a) , the overall time for the hearing should not exceed 2.5 hours per party, subject to variation for good cause shown, consistent with 310 CMR 1. 01 section (13) (d) and this Directive. The hearing date shall be not more than 30 days from the date the agreement to vary the . procedures of M.G.L. c.30A sec.11 was filed. The final decision shall be issued not more than 30 days from the date of the hearing. 9) EXPEDITED CASES A case may, in the discretion of the General Counsel or her designee, be scheduled for hearing out of chronological order pursuant to the Department policy on expedited cases . Approved: David B. Struhs Commissioner Date: .f ACCESS TO DEP'S BOSTON OFFICES: DEP' s Boston offices are at Downtown Crossing at The Corner Mall (1 Winter Street) , a retail building located on the northeast corner of Washington Street and Winter Street (opposite Filene' s and Macy' s department stores, and one block from Boston Common) . The Department' s offices occupy the building' s upper floors . You can reach the Department' s offices by using the escalators at the Summer Street entrance . You will be required to show a picture identification (such as a Massachusetts driver' s license) and sign a registration book maintained by the receptionist . DIRECTIONS TO DEP'S BOSTON OFFICES: By MBTA Subway: Green Line to Park Street (main subway exit is at Boston Common on Tremont Street, across from Winter Street , 1 block from DEP) . Red Line or Orange Line to Downtown Crossing (at the intersection of Washington and Winter Streets across from The Corner Mall) . Blue Line to State Street (from subway exit at Old State Meeting House, walk four blocks south along Washington Street to Winter Street) . By Commuter Rail : From North Station, take Green Line inbound to Park Street or Orange Line inbound to Downtown Crossing (see subway directions above) . From South Station, take Red Line inbound to Downtown Crossing (see subway directions above) , or walk west on Summer Street to the Washington/Winter Street intersection. By Auto: See the directions on the back of this page . Please note that Winter Street and the adjacent portion of Washington Street are closed to auto traffic during regular business hours, and that during those hours there is no on-street parking in the vicinity of DEP' s Boston offices . In addition, Central Artery/Tunnel construction has made auto transit into and out of Boston' s financial and Chinatown districts more difficult , especially during commuter rush hours, and may cause changes in exiting from the Mass Pike and Southeast Expressway to Chinatown and the financial district . Smith & Smith Counsellors at ]Law Dwain B. Smith 315 Liberty .Square Dieea Ph...(978) 762-5473 Danvers, Mass"huseEEs 01923 Phone(978) 777-4220 Fax (978) 777-3225 Adam C. Smith DirecE Phone(978) 762.5471 OF Counsel DEC i 6 1998 44f»pVV��' Frank J. Ingram Direct Phone(978) 762-5472 CITY OF SALEM HEALTH DEPT. December 14, 1998 City of Salem Board of Health Ms Joanne Scott, Health Agent Nine North Street Salem, MA 01970-3928 Re: In the Matter of John and Patricia Miller, Docket No. 98-077 Dear Ms. Scott: Enclosed please find copies of correspondence regarding the subject. The enclosures are self-explanatory. If you have any questions, please contact me. Sincerely, � . G 5-AV �bs S Dwain B. Smith, Esq. DBS/bss Enclosures " " SMA & S»id, Counsellors at Law L 'd Dwain B. Smith 315 Liberty Square Dircet Phos(97$) 762-5473 Dano ra, Massachusof4s 01923 Phone (978) 777-4220 Fa: (978) 777-3225 Adam C. Smith Dircci Phooc(97$) 762-5471 OF Counsel Ct " CCspp444�ti�s� Frank J. Ingram EIEC 1 b 1778 Direi Phone(978) 762-5472 December 14, 1998 CITY OF SALEM HEALTH DEPT. Commonwealth of Massachusetts Department of Environmental Protection Northeast Regional Office 205A Lowell Street Wilmington, MA 01887 RE: In the Matter of John and Patricia Miller, Docket No. 98-077 Gentlemen: There is an appeal pending, above-named, as Docket No. 98-077. The enclosed Tight Tank Application is submitted in connection with that appeal. The Application Plan, and a check for the $300.00 filing fee, are enclosed. Sincerely, �jz- Dwain B. Smith, Esq. DBS/bss Enclosures cc: Sharon Pelosi, Esq., DEP, Boston Christos Dimisioris., DEP, Boston Massachusetts Department of Environmental Protection Transmittal Form for Permit Application and Payment r. Transmittal# A. Appilkication Information J Permit.approval of Other category ❑ `7 or 8 Character Code from first page of`How to Apply'instructions, e.g.BWPA 001,BRPWP59b.etc i .... .... ... Name of Permit Category ff 1. Please type or printt "10 — us ,6 11 ---'f A separate Transmittal Brief Project Description Form must be completed for each B. Applicant or Legally Responsible Official permit application. 2. Your check should ......... ......... ....... be wide payable to the Last Name First Name Middle Initial Commonwealth of Massachusetts Please I Address...... .... . ... their your check along v,:hr,a Copy Of this form to DEP.P.O.Box 406' city-Town State Zip Code Telephone Number Boston MA 02211 Centric 3. Three(3f coo-es C! This form wri be neeou, 'C. Facility, Site or Individual Requiring Approval Copy I(lne original) must accompany yen, permit appicabon Name of Paclry See or individual Copy 2 mus: atompany you;tee Address Lavmerlt e�)44M ': .71 0 q�71f� L1 i� Copy 3 should be retained to:your Ozom, State Zip Code Telephone Number 4. Both fee paying and D. Application Prepared by (if different from Section 8) exempt BoDlvCahts M„s mad a c®rpy Of this va"Sn'tuh four,in P G Box 4062 Boston Last Name Fust Name Middle Initial m-' 2,22 Z55 `,JEi-J-)3,,Z'r -STP-IFE- T Address -7 7-1 '3C)50 For DER Use Only \-'l CD I 0� cl-I ....... Penni*No-- – ',,A- zr�Code Telephone Number Recd Dale Reviewer L SP Number(for 2 1 E only) 0 Approved 0 Denied Contact Decision Date-- ;E. MultiRle Permit Project Coordination DEP offers coordinated reviews of murnphe permit projects. Check here orfthis application is pan ofis large,provor to,which two or more DEP permits are"or will be sought Please indicate the project's EOEA file number(assigned when an Environmental Notification Form JENF]is submitted to the Massachusetts Environmental Policy Act[MEPAJ and EOEAft Project is not subject to MEPA F-1 Is this the first DEP perind application submitted for the project? Oyes Do®r fine,indicate previously assigned DER Project Code. W the other DEP gencrits;that anob, to this arcried Permit Category Date of Submission(tentative or itclual) Transmittal Number ft appic.2. ;F. Amount Due Special Provisions: 0 Fee Exempt*(city,town Or municipal housing aubhorryi)(strate agency if fee is$rootless) E) Hardship Request 1payment extensions according to 310 CUP 4,04(3)(c)] 0 Alternative Schedule Protect(according to 310 CUP 4.05 and 4 10) There are no fee exemptions for 21E,regardless of applicant status Check P Dollar Amount$— ?'4'2 Dale Make check payable 10 the COMMOnweallh of Massachusetts. Please mail Check and one copy of this form to DEP,P.O.Box 4062,Boston,MA02211 i Massachusetts Department of Environmental Protection Transmittal # 2.o2SSo Bureau of Resource Protection - Water Pollution Control Facility ID (if known) Title 5 Permit Application BRP WP 59a Approval of Septic Tank in Parallel or Connected to a Sewer BRP WP 64a Approval of Tight Tank This application is to be filed bypersons required to obtain approval for the categories s ecified above in accordance with 310 CMR 15.000: The State Environmental Code Tide 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. DEP approval is subject to fees established under Massachusetts General Laws, Chapter 21 A, Section 18 and regulated under 310 CMR 4.00 Timely Action Schedule and Fee Provisions. Note: Applications for modified tight tanks pursuant to the provisions of 310 CMR 15.261 must apply using the category for review of Department variances: BRP WP 59c. A. Applicant Information 1. Which permit category are you applying for? O BRP WP 59a (per 310 CMR 15.225, 15.354(2) 'K BRP WP 64a (per 310 CMR 15260) t 2. Applicant: DEC 1 6 IV96 R aX La r l tact l - ---------------- Name CITY Cit• 0AI..r_e,9 33 Cnl A �p 1 — HEA -ru DEPT. ------------ - i t[=-- Address -------M N-----------o t a fo City/Town State ---.q::��------ !r 5 3--------------- Telephone 3. Facility AddressUcation: T �g� ------c���r--� tQ, I ----- -- ---------------- 4. Design Engineer or Sanitarian: 416 t4cCr ,--- - `�S Name ��-�--I-- Address 1A- ot'�23 -------------- City/Town State 1 b 1 3a 5c�----------------- Telephone BRP WP 59a. 64a.App Rev. 3/31/95 1 of Massachusetts Department of Environmental Protection Transmittal a 2c, Z6540> Bureau of Resource Protection - Water Pollution Control Facility ID (if known) 10. If applying for a tight tank BRP WP 64a)for new construction or for increased flow to existing systems, and the system is for boat waste pump-out facilities, documentation must be submitted supporting the determination that no other feasible alternative exists. Is the documentation attached? ❑ Yes O No 11. If applying for a tight tank BRP WP 64a) for new construction or for increased flow to existing systems and the system serves buildings necessary for the operation of a public water supply, documentation must be submitted supporting the determination that it is not feasible to connect to a sewer or to construct a system in compliance with 310 CMR 15.000. Is the documentation attached? ❑ Yes ❑ No 12. I a tplying /or a tight tank BPP WP 64a), a plan for the disposal of the contents, nc uding the method and frequency of disposal and a written statement from a licensed septage transporter speci ing a disposal sue and method of disposal, must accompany this application. Is the plan and statement attached? [ Yes ❑ No 13. If applying for a tight tank BRP WP 64a), an operation and maintenance plop acceptable to the local approving ourhonry must accompany this application. Is the plan attached? Yes ❑ No 14. Is the complete application submitted to the local authority attached? % Yes ❑ No B. Certification "I certify under penalty of law that this document and all attachments, to the best of my knowledge and belief, are true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Appicant,s signature Print Name Name of Preparer -------------------- Date BRP WP 59A, 64A.App Rc«. 3/31/95 i int 3 MAINTENANCE/SPECIFICATIONS DEC 16 1998 CITY OF SALBA TIGHT TANK HEA1_Tq nEpT. 8 Wyman Ave., Salem, MA General Conditions 1. Audio and Visual alarms shall be set to activate at 3/5 tank capacity in a suitably convenient location. 2. Contents of tank shall be pumped as required by a licensed septage hauler. 3. The tight tank shall have at least one 24 inch diameter cast iron frame and cover at finished grade constructed so as to eliminate entrance of surface waters. 4. The tight tank shall be waterproof and watertight. 5. The tight tank shall be inspected at least every three months to ensure proper operation of the system. 6. When a sewer connection becomes available, the dwelling shall be connected to the sewer within 30 days and the tight tank shall be abandoned in accordance with 310 CMR 15.354. 7. A copy of the Department's written approval shall be recorded in the chain of title to the property served by the tight tank. 53-8551 St. Joseph Credit Union c13 0A 2012,01 Salem, MA 01970 , 7 AMOUNT 1c�1�t� 38 *300, 00 acvn Faanras Detala 0n bate. AMOUNT THREE HUNDRED AND NOl100 �. VOID 180 DAYS FROM DATE OF ISSUE PAY TO THE. j ORDER OF: COMMONWEALTH•! OF MASSACHUSETTS A,' Yb. HNUUTILLA '� t! 1 2NUA • • Y no0420L2i' 1: 21L38SSL41: aSSLL 6118 30 x71 � ;n-d rn a-� n rn M>+ilk � TJ�yi .p i Z 011 918 683 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. /Do not use for International Mail See reverse ' Sent Street&Number Post.01fice,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee N � Return Receipt Showing to Whom&Data Delivered Rehm Receipt Stowng to Whom, 'e Date,&Addressee's M&M TOTAL Postage&Fees $ 4" Postmark or Date 0 rn a r gen IIL fi CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO HEALTH AGENT NINE NORTH STREET Tel:(978)741-1800 Fax:(978)740-9705 December 3, 1998 Patricia(Knuuttila) Miller Ronald Knuuttila John J. Miller 8 Wyman Avenue Salem, MA 01970 Dear Patricia(Knuuttila) Miller, Ronald Knuuttila and-John J. Miller: The Salem Hoard of Health requests your presence at the next Board of Health meeting to be held Tuesday, December 8, 1998 at the Bowditch House, Nine North Street, la floor conference room at 8 30 P.M.. The discussion will be the failed septic system at 8 Wyman Avenue, Salem, MA 01970. If you have any questions, contact me at(978) 741-1800. Sincerely, FOR THE BOARD OF HEALTH `eanne Scott, Health Agent JS/bas cc Owen J. Meegan, Chairman of the Board and Members Patricia Warren, CEO St. Joseph's Credit Union �.�-ES SS_ Sir:1:ss Nlail,r UNITED STATES POSTAL SERVIC r� -f �M Postege&Fees-Paid .,..-- USPS'-- po Permit No.G-10 • Print your nai1.>�; ress, and ZIP Code in this box • Salem Health Department DEC 7 1998 9 North St Salem, Mass. 01970 CI i Y OF SALEM HEALTH DEPT. Y m SENDER: I also wish to receive the 9 •Complete llama 1 enNor 2 for additional services.of •complete items 3,4a,and 4b. following services(for E!n •Pdm your mune end address on the reveres of this form so that we can return INS extra fee): - -- card io you. •peach this form to the IreM of the meilplece,or on the beds If space dose not pane': 1. 13Be 8 AddressAddress Z •WMe'Rerum Renelpt A uesfed'on the mail ace below the article number. m 6 •71re Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted DBlivery' rn C deevered. . consult postmasterfor fee. $ 3.Article Addressed to: 4a.Article Number d PATRICIA (KNUUTTILA) MILLER Z 011 918 683 E 0 RONALD KNUUTTILA 4b.Service Type JOHN J. MILLER ❑ Registered Certified m 8 WYMAN AVENUE ❑ Express Mail ❑ Insured m SALEM, MA 01970 ❑ Return Receipt for Merchandise ❑ COD 7.Date of Delivery �/S/ 4 JS 8 WYMAN AVE. i. 5.Received By: (Print Name) 8.Addressee's Address(Only ff requested and fee is paid) g 6. ' natur . (A re e t)- 0 P11H f1d P orm 3811, December 1994 102595-97-B-0179 Domestic Return Receipt Z ,011 918 682 U$Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse SaM o ' Street&NurWWr Post Office,State,&ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee wRetum Whom Receipt Slavered to Who m 8 Date Delivered Realm Recut Showig W YAam, Date,&Addressee's Address O TOTAL Postage&Fees $ � Postmark or Data ti U) v���OND(T CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS, CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 December 3, 1998 Attorney Dwain Smith Smith& Smith 315 Liberty Square Danvers, MA 01923 Dear Attorney Smith: The Salem Board of Health requests your presence at the next Board of Health meeting to be held Tuesday, December 8, 1998 at the Bowditch House,Nine North Street, In floor conference room at 8:30 P.M.. The discussion will be the failed septic system at 8 Wyman Avenue, Salem, MA 01970. If you have any questions, contact me at(978) 741-1800 Sincerely, FOR THE BOARD OF HEALTH Joanne Scott, Health Agent 1S/bas cc: Owen J Meegan, Chairman of the Board and Members Patricia Warren, CEO St. Joseph's Credit Union FAtZra—ss Mail UNITED STATES POSTAL SERVICE t!!� P e f� Postage&Fees Paid USPS Permit No.G-10 • Print your name, addfges,and ZIP Code in this box• Salem Health Department ©fC a 1998 9 North St. CITY OF SALEM Salem, Mass. 01970 HEALTH DEPT. t o SENDER: I also wish to receive the 'a :Complete home 1 andror 2 for additional services. S .Complete hems 3,4a,and 4b. following services(for an sprint your name and address on the reverse of tide form so that we can return this extra fee): cam to you. 8 eAe�this form to the from of the mallpieob,or on the back h space does not 1, 13Addressee`s Address om m $Wdte'Retum Receipt Requested'on the meilpieca below the article number. 2, ❑ Restricted Delivery $The Return Receipt will show to whom the article was delivered end the date delivered. Consult postmaster for fee. o 3.Article Addressed to: 4a.Article Number Z 011 918 682 EI ATTORNEY DWAIN SMITH 4b.Service Type i SMITH & SMITH ❑ Registered Certified z 315 LIBERTY SQUARE ❑ Express Mail ❑ Insured .C a DANVERS, MA 01923 ❑ Return Receipt forMerdiandise ❑ COD 7.Date of Deliv J/ w (JS) 8 WYMAN AVE. Ia 7 �d �4 0 5.Aecelved • r1nt Name) S.Addressee' Address(only if requested Cw n and fee is paid) N 6.Sig tura:(Add as or Agent) r X a PS Form 3811, December 1994 102595-97-8.0179 Domestic. Retum Receipt Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty .Square Di.f Phone(978) 762.54 73 Danvers, Massachusefbs 01923 Phone (978) 777_4220 Fax (978) 777-3225 Adam C. Smith Dirrc4 Phone(978) 762_5471 Of Counsel Frank J. Ingram YD 'CDire f Phone(978) 762-5472 OCT 2 q 1996' October 20, 1998 (''E -F `"P''L '�"6 Mi<r�lL 1'-� 0EPT. Ms. Joanne Scott,Health Agent City of Salem Board of Health 9 North Street Salem, MA 01970-3928 RE: Patricia(Miller)Knuuttila 8 Wyman Avenue, Salem, Massachusetts 01970 Dear Ms. Scott: Enclosed please find a copy of the receipt from Currier Septic&Drain Service, Inc. for the pumping of the Cesspool at 8 Wyman Avenue, Salem, Massachusetts as referenced above. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Knuuttila SEPTIC & DRAIN � r ' SERVICE,, INC. X2385 •. THE PROFESSIONAL FJCPERTS W THE SEPTIC & DRAIN INDUSTRY • -PLEASE PAY FROM THIS BILL- Customer ame: t� MAIN 107 FOREST STREET Service Location: OFFICE } MIDDLETON, MA 01949 �� Phone: L� —�/ (978) 774-2772 • FAX (978) 750-0206 "� ��� Contact: • RESIDENTIAUCOMMERCIAL • SERVICING THE ENTIRE NORTH SHORE Billing Address: • CERTIFIED TITLE V INSPECTORS City: cz;� If zip: • SAME DAY EMERGENCY SERVICE Date of Service: Nature of Service Special Instructions 0 Completed ' 'g-Reg. Maint U Incomplete/Reason: 0 Reg. 0 Emergency Per.-,,—,, 0 Schedule: ON/C �DayONight AM/�M Services Rendered S� OU Vacuum Pumping Observations Drain Cleaning - ❑ Septic Tank 0 Good Condition ❑ Main Line 0 Drywell 0 L achfield Runback 0 Toilet Bowl 0 Leach Pit/Overflow i, Ing High 11 Kitchen Sink 0 D-Box (liquid level) 0 Bathtub,/Shower 0 Pump Chamber 0 Full to Cover 0 Vanity 0 Grease Trap 0 Excessive Solids 0 Floor Drain - 0 Catch Basin Top/Bottom 0 Yard Drain 0 Portable Toilet ❑ Use No Powdered Soap 0.Vent Other t 0 Heavy Grease 0 Water Jetting Qty: 0 Roots 0 Other Size: 0 Suggest Electric Rootering U Footage: 0 Under 1000 gallons Vow gallons 0 1500 gallons 0 Van Called 0 2000 gallons 0 3000 gallons 0 4000 gallons 0 Other 0 5000 gallons 0 6000 gallons 0 other Miscellaneous 0 Digging Charge 0 Backhoe - 0 Inspection 0 Location 0 Kubota hm 0 Title V Inspection 0 Service Call 0 Consultation Reason: ❑ Labor 0 Estimate 0 Pump Repair 0 Waiting Time 0 System Installation 0 Repair 0 Portable Toilet Rental 0 System Treatment 0 Baffle 0 Rejuvenation `Digging Charge Is Per Driver's Discretion Description of Work d? /f� C� Recommendations Terms of Payment: C.O.D. PARTS Vacuum Pumping Drain Cleaning Payment Required Upon Service TAX Yr. Month 4, r Yr. y C Month DISCOUNT Terms & Conditions []CashCheck []Credit TOTAL 1.Not responsible for damage beyond the curb line O 0 3.1.5%per month will be charged to accounts past due. 2.All complaints shall be reported within 48 hours. 4.The purchaser agrees to pay all cost of collection I the undersigned agreed all terms �an condit � Customer Signature r4wil. Serviceman i OCT 2 1 1990 CITY OF SALEM HEALTH DEPT. t n 4 t Smith & Smith Counsellors at Law Dwain B. Smith 315 ]Liberty Square Direct Phone(978) 762-5473 Danvers, M&ssachusefts 01923 Phone (978) 777-4220 Fa (978) 777-3225 Adam C. Smith Direct Phone(978) 762-5471 OE Counsel pit ]Frank J. Ingram l Direct Phone(978) 762-5472 MAY 14 199E CITY OF r ALr-M HEAI_f,,H DEPT. May 11, 1998 Ms. Joanne Scott, Health Agent City of Salem Board of Health 9 North Street Salem, MA 01970-3928 RE: P. (MILLER) KNUUTTILA 8 WYMAN ROAD, SALEM,MA Dear Ms. Scott: Enclosed please find a copy of the receipted bill for the pumping of the cesspool at the above- referenced location, per your directions. Sincerely, tom., � .S. -� Dwain B. Smith, Esq. DBS/bac Enclosure f - SEPTIC &' DRAIN`' ' � r SERVICE;,INC. . ` � 9372 • THE PROFESSIONAL;EXPERTS /N:'THE.SEPTIC& DRAIN INDUSTRY • -PLEASE PAY FROM THIS BILL- Customer Name: I/ Ov 767 MAIN l 107 FOREST STREET Service Location: OFFICE f MIDDLETON, MA 01949 Phone: (508) 774-2772 • FAX (508) 750-0206 Contact: • RESIDENTIAL/COMMERCIAL • SERVICING THE ENTIRE NORTH SHORE Billing Address: • CERTIFIED TITLE V INSPECTORS City: zip: • SAME DAY EMERGENCY SERVICE Date of Service: N�yre of Service - Special Instructions ❑Completed 9 Reg.Maint. 0I omplete/Reason: gErnergency Per: Schedule: 0 Reg Day Night AM/PM Services Rendered Vpcuum Pumping Observations Drain Cleaning ❑ Septic Tank 0 Good-Condition 0 Main Line 0 Drywall ❑l�hfield Runback ❑Toilet Bowl 0 Leech Pit/OverflowRidiny,high 0 Kitchen Sink ❑ D-Box (lid Level) ❑Bathtub/Shower O Pump Chamber .E[Tgj..to Cover ❑Vanity 0 Grease Trap O7 xis ry ds ❑Floor Drain 0 Catch Basin _ ttom ❑Yard Drain 0 Portable Toilet `❑Use o Powdered Soap 0 Vent 0 Other 0 Heavy Grease 0 Sewer Jet Oty: 0 Roots U Other Size: O Suggest Electric Rootering O Footage: 0 Under 1000 gallons 0 1000 gallons 0 1500 gallons 0 Van Called 0 2000 gallons 0 3000 gallons 0 4000 gallons 0 Other 0 5000 gallons 0 other Miscellaneous U Digging Charge 0 Backhoe U Inspection 0 Location O Consultation 0 Certification: P/F 0 Service Call 0 Estimate Reason: 0 Labor 0 System Installation 0 Pump Repair 0 Waiting Time 0 Portable Toilet Rental n Repair 0 Baffle 0 System Treatment Digging Charge Is Per Driver's Discretion 0 Rejuvenation Description of Work r Recommendations Terms of Payment: C.O.D. PARTS Vacuum Pumping Drain Cleaning Payment Req ui d Upon Service r � TAX Yr. Month Yr. Month / , �—. ['�� DISCOUNT Terms & Conditions A Cash OCheck ❑Credit TOTAL 1.Not responsible for damage beyond the curb line. 3.1.54b per month will be charged to accounts past due. 2.All complaints shall be reported within 48 hours. 4.The purchaser agrees to pay all cost of collection I the undersigned agree to all terns and conditions. a Customer Signature �/2 4 9 - Serviceman u Smith & Smith Counsellors at]Law Dwain B. Smith 315 ]Liberty Square Neeet Phone(978) 762-5473 Danvers, Massachusetts 01923 Phone (978) 777_4220 Fa: (978) 777-3225 Adam C. Smith Dtrost Ph...(978) 762-5471 OrkJ.l PCb Frankreca� J. Ingram Dit Phone(978) 762-5472 June 11, 1998 1111 13 1998 CITY OF SALEM Ms. Joanne Scott, Health Agent HEALTH DEPT. City of Salem Board of Health 9 North Street Salem, MA 001970-3928 RE: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Ms. Scott: This correspondence is just to serve as an update to keep you posted on the above referenced matter. The DEP is in receipt of our request for an adjudicatory hearing and are processing the same. Based upon there estimation,our office should be hearing from them in approximately three weeks about the scheduling date for the hearing/appeal. At that time, we will update you again on the status. Once again,thank you very much for your efforts and courtesies in this regard. Sincerely, 7� Adam C. Smith, Esq. ACS/bac cc: Pat Warren, St. Joseph's Credit Union Pat Knuuttila �AV D a ?!! 8 -. 1998 JOHN D. KEENAN CITY OF SALEM ASSISTANT CITY SOLICITOR HEALTH DEPT. J�6.1h rt j r N�h TELEPHONE (978) 744-8500 FAX (978) 744-0111 .I l n 8 - 1998 CITY OF SALEM CITY OF SALEM - MASSACHUSETTS HEALTH DEPT. WILLIAM J. LUNDREGAN Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street Salem, Massachusetts 01970 15 Church Street Tel:978.741-3888 Tel:978-744-8500 Fax:978-741-8110 Fax:978-744-0111 July 6, 1998 Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, Massachusetts 02211 RE: Application for BRPWP64C Proposed Installation of Alternative System for Remedial Use 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Madam/Sir: Regarding the above captioned matter, please forward all future correspondence/notices to my office at: Law Office of John D. Keenan Assistant City Solicitor Fifteen Church Street Salem, Massachusetts 01970 Thank you for your attention to this matter. Do not hesitate to call with any questions. Very best regards, Joh eenan, Esq. JD 'm cc. Joanne Scott, Salem Health Agent Dwain B. Smith, Esq. r COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ARGEO PAUL CELLUCCI pcmqRUDY CO!tE Governor MAY 1 1 1998 Secretary DAVID B. STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem, Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application,the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter, dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2), remedial use of an alternative system shall be allowed where the Department finds that the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible. You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the World Wide Web: http./tv .magnet.state.maosidep t J Printed on Recycled Paper RE: Transmittal Number 126296 Page: 2 As part of your application, you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system you proposed will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100.through 15.293. Additionally, the Department has been unable to locate any information on the performance of Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surface of the ground and there is no naturally occurring pervious material, if the system is installed as designed,there will be breakout at the toe of the mound. According to 310 CMR 15.303 gn g (2) a system fails to protect public health and the environment if there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000, you are required to upgrade your failing system. The Board of Health should ensure that you complete a timely upgrade of your system. If the upgrade you propose will not require the Department's approval, please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last resort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at (617) 292-5912. RE: Transmittal Number 126296 Page: 3 Sincerely, Yj, �n t Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square, Danvers, MA 01923 Hancock Engineering Assoc., 235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the relief sought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00), must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The hearing request will be dismissed if the filing jee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying thefee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 Smith & Smith Couineflori at Law Dwain B. Smith 516 LAterty Square Diced PL.P.(978)762.6473 D"vars,XavwAuwas 01923 Plume(978) 777.4220 Fix (978) 777-3225 -Adam C. Smith Diced Pha&&(978)762-6471 WEIRD Frank J. Ingram Diced Kees(978) 762-6472 MAY 1 1 1998 FAX COVER PAGE CITY OF SALEM HEALTH DEPT. ;ro: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith, Esq. DATE; May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem, MA NUM13ER OF PAGES (including cover): 2 MESSAGE: Dear Ms. Scott: Enclosed please rind a copy of a letter thatwas sent to Joe Serwatka at Hancock Engineering today, yol!�S-very trul4, U-A/� Dwain B. Smith, Esq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROHIBITED AND ANY OTHER DISSEMINATION ISSTRICTLY PROHIBITED.IN THE EVENT YOU RECEIVE THIS TRANSMISSION IN ERROR.OR IN THE EVENT OFTRANSMISSION PROBLEMS,PLEASE CONTACT SMYTH&SMITH IMMEDIATELY AT(978)777-4220.THANK YOU. nuw.pnuwa�nnuywuacnumauun..,tax.wioiuiytcuruwa.wioiui�axu . - rayacoirmmway,mayn,iawq.u.axrm.;., •^ �ey�\�S l t• � �.Y.ti A4.r�'1x4 �fSi; gAV C[�" • • ! L ��'�^ f 1 � y Hca VI & L Counsellors at Law Dwain B. Smith 316 Liberty Square D)nd Phone(978) 762.6473 Dut+eeq Muesehueett•01923 Phone 1978)M-4220 F. (978)777.3226 Adam C. Smith Dino(Phone(978) 762.6471 Of Counsel Frank J. Islam (�1R(t/► Divot Phone(978) 762.6474 L��aa U LV( May 11, 1998 MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH nEPT. Mr.Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr..Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain B. Snaith, Esq. DBS/bac cc: Pat Warren, St.Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617292-5500 ARGEO PAUL CELLUCCI haw Governor _ - `rJt'RUDY COXE MAY 1 1 1998 Secretary DAVID B. STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem,Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application,the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter, dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2), remedial use of an alternative system shall be allowed where the Department finds that the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible. You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the World Wee Web: http://w .magnet.state.ma.us/dep ry Printed on Recycled Paper J RE: Transmittal Number 126296 Page: 2 As part of your application, you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system you proposed will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100.through 15.293. Additional) the Department has been unable to locate an information on the performance of Y P Y Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surface of the ground and there is no naturally occurring pervious material, if the system is installed as designed,there will be breakout at the toe of the mound. According to 310 CMR 15.303 (2) a system fails to protect public health and the environment)if there is a discharge of effluent direct) or indirect) t y y o the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000, you are required to upgrade your failing system. The Board of Health should ensure that you complete a timely upgrade of your system. If the upgrade you propose will not require the Department's approval, please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last rel ort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at(617) 292-5912. RE: Transmittal Number 126296 Page: 3 Sincerely, Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square, Danvers, MA 01923 Hancock Engineering Assoc., 235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the relief sought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00), must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing)authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 nwn.Nuuwuunnuywuaamaa,van. rw la,vi n,,ycw.wnc..la,vi n,picu _ .. .�,. ,: , . l,ggc..vi.mvuvali niv,n�.a v Smith & Smith Counsellor9 at Law Dwain B. Smith 315 Liberty Square DI,.I PL.Pe(978)762.473 Dan. ,M&mw lmaet&01923 P6=9(978) 777.4220 Fa: (978) 777_3226 -Adam C. Smith Di,.ot P6vaa(978)762.471 Oreo =A f RM Frank J. Imam rXrwt P6"(978) 762-472 MAY 1 1 1998 FAX COVER PAGE CITY OF SALEM HEALTH DEPT. TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith, Esq, DATE: May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem, MA NUMBER OF PAGES (including cover): 2 MESSAGE: Dear Ms. Scott: Enclosed please find a copy of a letter that was sent to Joe Serwatka at Hancock Engineering today. Yoursours very Dwain B. Smith, Esq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FORTHE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROHIBITED AND ANY OTHER DISSEMINATION LSSTRICTLY PROHIBITED. IN THE EVENT YOU RECEIVETHIS TRANSMISSION IN ERROR,OR LN THE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMTrH&SMITH IMTIEDL&TELY AT(978)7774220.THANK YOU. num.utnmia01101,WUNIVIbatLow.ru.1tolttwuuvuicn.)moltngeeu. rlIurryecmtmotwpy,mayu,im uf.acrm. � , � ,.PYn�yo.�'r,', rytit� �: . . ._-'t; . \.`AZi�T`l!.yrsd'eyS� � ". r• f eM:. ., arc, �S Counsellors of Law 72 Dwain B. Smith 316 Li6erl7 Square y Meet Phone(978) 762.6473 D""M M""Auwt"01923 � Plwae`i978) 777-4240 Fox (978)777.3226 Adam C. Sanity Died Phone(978) 762.6471 Of counael ITraalc J. Lmpagt Diad Phone(978) 762.6472 May 11, 1998 u� MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH nEPT. Mr.Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr. Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila r ♦ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS e DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 017-292-5500 ARGEO PAUL CELLUCCI 'RUDY COKE Governor MAY 1 1 1998 secretary DAVID B. STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem, Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application, the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter,dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2), remedial use of an alternative system shall be allowed where the Department finds that the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible. You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the World Wide Web: hltp://w magnetstale.ma.us/dep Ct Printed on Recycled Paper RE: Transmittal Number 126296 Page: 2 As part of your application, you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system you proposed will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100.through 15.293. Additionally, the Department has been unable to locate any information on the performance of Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surface of the ground and there is no naturally occurring pervious material, if the system is installed as designed, there will be breakout at the toe of the mound. According to 310 CMR 15.303 (2)a system fails to protect public health and the environment if there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000, you are required to upgrade your failing system. The Board of Health should ensure that you complete a timely upgrade of your system. If the upgrade you propose will not require the Department's approval, please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last resort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at (617) 292-5912. RE: Transmittal Number 126296 Page: 3 Sincerely, YL Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square, Danvers, MA 01923 Hancock Engineering Assoc., 235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the relief sought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars($100.00), must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 J nem,:unnwavnnuyvyuammaaYna..rw pvviusv_cw wn4.-Wroiu,ycw .. •.". .. ;. :. i4y4 iyu mneal,mel i.q�u+v� rv.a.in,. 4 Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square D:,aoi PL.ae(978) 7624473 D"u ,Maswuh-, a*01923 P6=o (978) 777-4220 F� (978) 777_3226 -Adam C. Smith DirwtPhaa (978) 762.6471 kJ.Fr&nOf Frank . InEram Dirmt)'bane(978)762-6472 (� MAY 1 1 1998 FAX COVER PAGE CITY OF SALEM HEALTH DEPT. TO: Ms.Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith, Esq, DATE: May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem,MA NUMBER OF PAGES (Including cover): 2 MESSAGE: Dear Ms: Scott: Enclosed please find a copy of a letter that was sent to Joe Serwatka at Hancock Engineering today. YOUTS very trul�, Dwain B. Smith, Esq, THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROHIBITED AND ANY OTHER DISSEMINATION ISSTRICTLY PROHIBITED, IN THE EVENT YOU RECEIVETHIS TRANSMISSION IN ERROR.OR IN THE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITH a SMITH U43MVIATELY AT(978)77,74120. THANK YOU. riven;anuui a ouuuy wunuvib at Lan .roA Wto)i i yua yuo.po)u i auu rgtA ui a,munuay,may 11,Irn 4.11."rm. � y ~�� ,�.a r�>sy8 1. ,�4� � , (� � ,� � +SL\i.,db�7P''�.�` ,�IS� ^C.n. r.S�kY6Sy✓ /'� �y a, 6•, •. COyxa/OIlOP{at Law .:.r•^4. OK^ Dwain B. Smite 316 Liberty Squ.re , D6*a Phone(9761 762-6473 Dan M bl"aaohu"ad 01923 Pham"(979)777-4240 F. (978) 777.3226 Adam C. Smith D6va Phone(978) 762.6171 - Of Counsel Fra"J. eam D Divot Pham(978) 762.6172 1� ttwii 11 U I I�I' May 11, 1998 MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH DEPT. Mr.Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr. Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May & Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain B. Snaith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila COMMONWEALTH OF MASSACHUSETTS = EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS s e DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5.500 ARGEO PAUL CELLUCCI ���� �0� Governor �L'JfRUDY COXE MAY' 1 1 1998 Secretary DAVID B.STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem, Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application,the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter, dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2), remedial use of an alternative system shall be allowed where the Department finds that the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system Will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible_ You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the World Woe Web http:/Aw magnetstate.ma.us/dep C,� Printed on Recycled Paper RE: Transmittal Number 126296 Page: 2 As part of your application,you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system you proposed will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.1 00.through 15.293. Additionally, the Department has been unable to locate any information on the performance of Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surface of the ground and there is no naturally occurring pervious material, if the system is installed as designed,there will be breakout at the toe of the mound. According to 310 CMR 15.303 (2) a system fails to protect public health and the environment if there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000, you are required to upgrade your failing system. The Board of Health should ensure that you complete a timely upgrade of your system. If the upgrade you propose will not require the Department's approval, please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last resort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at(617) 292-5912. RE: Transmittal Number 126296 Page: 3 Sincerely, Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square, Danvers, MA 01923 Hancock Engineering Assoc., 235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the reliefsought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars($100.00), must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 fIVIIL Vnnw It vuuul,wuacuvm Y,wn rw10w11gvc coni pig)it 1,"y ,YaG IYIL I,IVIIYY/�YIYI ISI,.IJW rv.,.m Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square D:..i P6ao.(978)762.6173 Dann,A3aaaaolim u*01923 Phoaa (978) 777.4220 Fa: (978) 777_3226 Adam C. Smith Direct Mane(978) 762.6471 OrukJFra&nk at J. ram Dared P6 "(978)762-6472 MAY 1 1 1998 FAX COVER PAGE CITY OF SALEM HEALTH DEPT. TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX, (978)740-9705 FROM: Dwain B. Smith, Esq, DATE: May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem,MA NUMBER OF PAGES (including cover): 2 MESSAGE: Dear Ms. Scott: Enclosed please find a copy of a letter that was sent to Joe Serwatka at Hancock Engineering today. Yours very trul , Dwain B. Smith, Esq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION ORTAKING OF ANYACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROH IBITED AND ANY OTHER DISSEMINATION IS STRICTLY PROIRBITED,IN THE EVENT YOU RECEINETHIS TRANSMISSION IN ERROR,OR IN THE EVENT OFTTtANSMISSION PROBLEMS,PLEASE CONTACT SMrrH&SMITH IMMEDIATELY AT(978)7774220.THANK YOU. num:annul a�unuy wuaenma m uaq; rax.piol i t i wcu rune,viol m Attu raur a ui rmunuay,may n,100 q. t..0 rm: `` • yS .YF f� Sti � w..4.t . ,� a v j r IM +4xr� ��,�. 1 sa .�a .i:•� — (��Q� ?('�� 1HL w{... mu +)') `n , , t ' v rc '1 aA' 4 `(r J J ♦: ��1.� i7. V��� � � i J..tL C-,.,�i..S�•�,yCS��, . Coma/elle"of LAW Dam B. Snail alb Liberty Squ.re �t Dina Mesa(978) 762.6473 Damara, MAWA U"".01923 Plwm (978)777.4240 Fax (978)777.3246 ADAM C. Smith Dino[Phona(978) 762.6471 CF Co 261 Frnlc J. 1»am Diraot 1%aaa(978) 762.6472 tv/ lCa U Lr/ I�IU1 JI May It, 1998 MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH DEPT, Mr. Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr..Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila + COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a a DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ARGEO PAUL CELLUCCIC���� RUDY CORE Governor MAY 1 1 1998 secretary DAVID B.STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem, Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application, the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter, dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2), remedial use of an alternative system shall be allowed where the Department finds that the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible. You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the World Wide Web: htlp ltv magnetslate.maas/dep ej Pnnted on Recycled Paper RE: Transmittal Number 126296 Page: 2 As part of your application, you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system you proposed will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.1 00.through 15.293. Additionally, the Department has been unable to locate any information on the performance of Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surfaced the ground and there is no naturally occurring pervious material, if the system is installed as designed, there will be breakout at the toe of the mound. According to 310 CMR 15.303 (2) a system fails to protect public health and the environment if there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000,you are required to upgrade your failing system. The Board of Health should ensure thatou complete a Y timely upgrade of your system. If the upgrade you propose will not require the Department's approval, please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last resort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at(617) 292-5912. r RE: Transmittal Number 126296 Page: 3 Sincerely, YL Vin. Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square, Danvers, MA 01923 Hancock Engineering Assoc., 235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the reliefsought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00), must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4061 Boston, MA 01211 The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 r nam,umrvlaumiui,wuaa�mwYamrw 1a1V7111VLW SV1YF 1a1C1111 YLLV �,,.•_�... ,__, IVyGlmi mvnvaj,me7.iq uw v.i, :a i. Smith & Smith Counsellors at Lew Dwain B. Smith 315 Liberty Square D:,.d PL.a.(978)762.6473 D""n,MaswAuact s 01983 P6=o (978) 777.4220 Fax (978) 777_3226 Adam C. Smith Direct Phe (978) 762.6471 OF C Wlaj Frank J. Ingram WEIRDDirectPhone(978)762-6472 MAY 1 1 1998 FAX COVER PAGE CITY OF SALEM HEALTH DEPT. TO: Ms.Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith, Esq, DATE: May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem,MA NUMBER OF PAGES(including cover): 2 MESSAGE: Dear Ms, Scott: Enclosed please find a copy of a letter that was sent to Joe Serwatka at Hancock Engineering today. Yoursours very Dwain S. Smith, Esq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FORTHE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION ORTAKINC OF ANYACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROHIBITED AND ANY OTHERDISSEMLNATION IS STRICTLY PROHIBITED,IN THE EVENT YOU RECEIVETHIS TRANSMISSION IN ERROR,OR IN THE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITH&SMITH IMMEDIATELY AT(978)7774220.THANK YOU. flYlll.JIIIIYIaJIIIIYl,WuSCIIVISaLCfl .fiA.H71 J)I1IOLLV YUIGC.).71 J)1119LLU _fO,�CCYIQMU11UEl,IVCl 11,IJJJ 9.11 dLfM I &�Ly�Q. ' 4 L t7717o1LS;1 Couneeuors of LAA Dwain B. SnIah alb Li6rE7 square D6%ce P6 ne(978) 76LG473 Wa-mv,MaewAumeE.01923 Phone i976)777-4221) F. (978) 777.3226 Adam C. SmidL Dind Kona(978) 762.6471 Of Cmaget Frank.. Jwapl D rea Phone(978) 764.6472 May 11, 1998 uV MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH nEPT. Mr.Joseph J, Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr..Martin had established an acceptable alternative, We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila s. >r + COMMONWEALTH OF MASSACHUSETTS = EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ARGEO PAUL CELLUCCI �JfRUDY COXE Governor MAY' 1 1 1998 Secretary DAVID B. STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem, Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application,the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter, dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2), remedial use of an alternative system shall be allowed where the Department finds that the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible, You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the World Wide Web: hnp://w magnetstate.ma.us/dep C) Pnnted on Recycled Paper J RE: Transmittal Number 126296 Page: 2 As part of your application, you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts,that the alternative system you proposed will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100.through 15.293. Additionally, the Department has been unable to locate any information on the performance of Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surfaced the ground and there is no naturally occurring pervious material, if the system is installed as designed,there will be breakout at the toe of the mound. According to 310 CMR 15.303 (2) a system fails to protect public health and the environment if there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000, you are required to upgrade your failing system. The Board of Health should ensure that you complete a timely upgrade of your system. If the upgrade you propose will not require the Department's approval, please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last resort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at(617) 292-5912. J RE: Transmittal Number 126296 Page: 3 Sincerely, YL Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square, Danvers, MA 01923 Hancock Engineering Assoc., 235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the reliefsought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars($100.00), must be mailed to: Commonwealth of Massachusetts Department ofBnvironmental Protection P.O. Box 9061 Boston, MA 02211 The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 nac.ounmaonnayovuarauumwn-.ra.w,vlu,vccu rvnc.w,gin�cw ,:_,,, �, ;,.:. .... _.,. -ic.8v ivic ma.ual�mel,igww�, .. n. Smith & Smith CounseAore of Law Dwain B. Smith 315 Liberty Square Di,.at P`.aa(978)7624473 Danvers,Maaaao6edte 01923 Phoma (978) 777.4220 Fax (978) 777-3226 -Adam C. Smith Direct Phoma 1978)762-64717a Of Commacl Rranlc J. In6ram Direct Pham(978)762-6472 MAY 1 1 1998 FAX COVER PAGE CITY U SALEM HEALTH DEPT. TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith, Esq. DATE: May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salam,MA NUMBER OF PAGES (including cover): 2 MESSAGE: Dear Ms. Scott: Enclosed please find a copy of a letter that was sent to Joe Serwatka at Hancock Engineering today. Yoursours very Dwain B. Smith, Esq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS L9 STRICTLY PROHIBITED AND ANY OTHERDISSEMLNATION ISSTRICTLY PROHIBITED.IN THE EVENT YOU RECEIVETHIS TRANSMISSION IN ERROR,OR IN THE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITH&SMITH IMMEDIATELY AT(978)7774220.THANK YOU. num,uonmamumywuaenmaauan..rax._ptopii.unvvimpoopni4m - rayotuic_munuay,mayii,im4.u."rm.. r � .jy� idly, �, r w.�1 ._,'• .� • ' `t'd 1�.1yyX N 45� `. . r' J , .... . b., j� Liii CoRnoa&r{at Law Dwain B. Smyth 316 Libari, Squan Dect P6a*(978) 762-6473 D.a"m M""Ahu.ead 01923 ft;='(978)777-4220 Fax (978)777.3226 Adam C. Smith D'irwi Phnu.(978) 762-6471 - Of CmnWi Fraaic J. �am �(��IjM�� Det Phew.(978) 764.6472 May 11, 1998 u MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH nEPT. Mr.Joseph 7, Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem,MA Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr. Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila A. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 G17-292-5500 ARGEO PAUL CELLUCCI �RUDY CORE Governor MAY* 1 1 1998 Secretary DAVID B. STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem, Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application, the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter, dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2), remedial use of an alternative system shall be allowed where the Department finds that the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible. You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the World Wide Web: http:/A w magnet.state.maus/dep rj Printed on Recycled Paper s RE: Transmittal Number 126296 Page: 2 As part of your application, you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system you proposed will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100.through 15.293. Additionally,the Department has been unable to locate any information on the performance of Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surface of the ground and there is no naturally occurring pervious material, if the system is installed as designed,there will be breakout at the toe of the mound. According to 310 CMR 15.303 (2) a system fails to protect public health and the environment if there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000, you are required to upgrade your failing system. The Board of Health should ensure that you complete a timely upgrade of your system. If the upgrade you propose will not require the Department's approval, please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site PP P P Y , investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last resort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at (617) 292-5912. s RE: Transmittal Number 126296 Page: 3 Sincerely, YL Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square,Danvers, MA 01923 Hancock Engineering Assoc.,235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the relief sought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars($100.00), must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 J num:vnnwuummywuammaa�wn.If" wml rt,wau wrvc.lo(91111 rsu r,., .i eyv,vu mvuval,,val,q wv . . Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square D:,me PLw..(978)762.6173 Dan.ese,Maeeaxime"01923 Phone(978) 777-4220 Fax (978) 777_3226 Adam C. Smith Direct Phone(978)762.6171 , Of Cunneel Frank J. Ingram Direct Phone(978) 7696172 MAY 1 1 1998 FAX COVER PAGE CITY OF SALEM HEALTH DEPT. TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith, Esq. DATE: May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem,MA NUMBER OF PAGES(including cover): 2 MESSAGE: Dear Ms, Scott: Enclosed please find a copy of a letter that was sent to Joe Serwatka at Hancock Engineering today. Yours very trul , U-A Dwain B. Smith, Esq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER THIS INFORMATION IS LEGALLY PRIVn,EGED, THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION ORTAKTNG OF ANYAGTION IN RELIANCE ON IT'S CONTENTS L9 STRICTLY PROHIBITED AND ANY OTHER DISSEMINATION ISSTRICTLY PROHIBITED.IN THE EVENT YOU RECEIVETHIS TRANSMISSION IN ERROR,OR IN THE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITH&SMITH IMMEDIATELY AT(978)7774350.THANK YOU. ✓ r nutu.ennwaeunuywuaenvlaa�an raxpt9)my4cvruice.wloimquu- - raynytuitmunuaylmayii,im4.u.ocrm.. 1't :'n{ i Is,Slr.'.'.1.• Y�:'J _ �tu `� •N`..:`.�-Ht+94. t",/�.,4NM4C,g C'Mmaeffors at LAW Dwain B. Smith 316 Liberty Square r• D600t Phone(978) 762-6473 Daa«ee«Maaaoku.eEt.01923 p6ene 1978)777-4220 F. (978) 777.3446 Adam C. Smith Diet Phone(978) 762.6471 Of couneet Frank J. IA2ratt; Direct Phone(978) 762-6172 lt�,/fi !U1 U �j2�I�\�'UUUIJ/J1 May 11, 1998 MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH nEPT. Mr.Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: Apparently the alternate program as submitted did not qualify,although I had been led to believe by the Board of Health that you and Mr. Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila oiur>r-r CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO HEALTH AGENT NINE NORTH STREET Tel:(978)741.1800 Fax:(978)740.9705 December 3, 1998 Patricia(Knuuttila)Miller Ronald Knuuttila John J. Miller 8 Wyman Avenue Salem, MA 01970 Dear Patricia(Knuuttila)Miller, Ronald Knuuttila and John J. Miller: I The Salem Board of Health requests your presence at the next Board of Health meeting to be held Tuesday, December 8, 1998 at the Bowditch House, Nine North Street, I"floor conference room at 8:30 P.M.. The discussion will be the failed septic system at 8 Wyman Avenue, Salem, MA 01970 If you have any questions, contact me at(978) 741-1800. Sincerely, FOR T'HE BOARD OF HEALTH F yoanne Scots, Health Agent JS/bas cc Owen J. Meegan, Chairman of the Board and Members Patricia Warren, CEO St Joseph's Credit Union �a�3/9s '� DEC. -03' WWI 115: 16 DEP-BRP TEL:617-292-5696 P. 001 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON MA 02108 (617)292.5500 ARGEO PAUL CELLUCCI TRUDY COME Guvcmor Secmurf DAVID H. STRUMS Commi'41nncr BUREAU OF RESOURCE PROTECTION FAX # - (617) 292-5696 FAX TRANSMITTAL A DATE: ..J_Z L j y.� _ TIME: TO: 'Kn 4 r1lltIl � ,_PT r PHONE: FAX: FROM: ' S iJS 1 1,u l S O x•61 PHONE: FAX: Number of Pages Including Cover Sheet: COMMENTS: j 1998 — — — — O_F,s��pEM n-..\ca�i ldifllbtCttal a[ceCf DEC. -03' HMO 15 16 DEP-BRP TEL, 611-292-5696 P. 002 1 -- COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292,5500 ARGEO PAUL CELLUCCI TRUDY COKE Governor SCClCLaCY DAVID B.STRUHS Commissioner December 1, 1998 Deneen Simpson, Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter Street, Third Floor Boston, IvLA 02105 i __- r�ri Re: In die Matter of: John and Patricia Miller Docket No. 95-077 _. ..'. i Dear Ms, Simpson: Please docket the enclosed Joint Status Report in the above captioned adjudicatory proceeding. Thank you for your assistance, Re�pectf illy submitted, Sharon yl. Pelosi Senior Counsel o�wSAME o D Ec 3 1998 CIN O N DEP. HEAE T This infnrmnsivo is nvnilnble in nI«mure f ...I b,cu"llug nor.W,\(:nurdmw,ve(617)57Y6d^2. DEC. -03' 98 (THII) 15 : 17 DEP-BRP TEL 611-292-5696 P. 003 COMMONWEALTH OF MASSACHUSETTS LXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Matter of ) DEP Docket No. 98-077 John & Patricia Miller ) File No. 126296 JOINT STATUS REPORT The Department of Envirotunental Protection and the Petitioners/Applicant John and Patricia Miller(hereinafter, collectively referred to as the "Parties") hereby submit this Status Report of events that have transpired since filing our Joint Request to Postpone the Pre-Hearing Conference on October 23, 1998. Since that time, PetitioneryApplicant has been pursuing alternative means of resolving the septic system issues at the site. Petitioner has hired an engineer to prepare act application for a tight tank and will be submitting same to the Department this week. Petitioner has contacted two neighboring landowners to explore their interest in collectively seeking to connect to the sewer on Highland Avenue. Initial discussions indicate that they are generally receptive to the idea. Accordingly, Petitioner is pursuing the tight tank application as a temporary solution, and the sewer connection as a long term solution. Petitioner intends to meet with the Salem Department of Public works nest week to explore the cost and feasibility of connecting , these three lots to the sewer on Highland Avenue. DEC. -03' 98 (THU) 15 : 17 DEP-BRP TEL:611-292-5696 P. 004 Respectfiilly submitted by, DEPARTMENT OF ENVIRONMENTAL PROTECTION by- December 1, 1998 SHARON M. PEL SI, SENIOR COUNSEL OFFICE OF GENERAL COUNSEL DEPARTMENT Or ENVIRONMENTAL PROTE TION ONE WINTER STREET 3RD FLOOR BOSTON, MA 02108 JOHN AND PATRICIA MILLER PETITIONERS, by: December 1, 1998 DWAIN 3. S: ITI-1 SMITH & SMITH 315 LIBL-RTY SQUARE DANVERS, MA 01923 I CERTIFICATE OF SERVICE �I L Sharon M. Pelosi, do hereby certify under the pains and penalties of perju y, that a true and complete copy of the foregoing document was served by First Class, G.S. Mail on this day on all parties listed on the attaclteRService List. 1 4 —Sharon M. Pelosi Dated: December 1, 1998 P\spelosi\98-077 Miller\staws.rpt DEC. -03' 98 )THU) 15 : 18 DEP-BRP TEL 617-292-5696 P. 005 SERVICE LIST In Re: Patricia (Knuttila) Miller, Re uestor Docket No. 98-077 File No. SDA Representative Pam Dwain B. Smith, Esq PETITIONER/REQUESTOR Smith & Smith Patricia (Knurtila) Miller 315 Liberty Street Danvers, NIA 01923 William J. Lundregan, Esq. 81 Washington Street Salem, MA 019702056 Sharon Pelosi, Esq. DEPARTMENT Department of Environmental Dept. of EnNironmental Protection Protection 1 Winter Street, 3rd Floor Boston, MA 02108 cc: Christos Dimisioris DEP Staff Department of Environmental Protection I Winter Street Boston, MA 02108 Marcia Sherman Department of Environmental Protection 1 Winter Street Boston, VLA 02108 date November 2, 1998 Smith & Smith Counsellors at Law Dwain R. Smith 515 Liberty Square 1Direot Phono(978) 762_5473 IDanwra, 1)'laesaohnset£s 01923 Phono (978) 777-4220 F. (978) 777-3225 Adam C. Smith 1Di.t Phono(978) 762-5471 Of counsel pCEIVED I�+rank 101. Ingram 1Direot Phone(978) 762-5472 JUN 15 1998 June 11, 1998 CITY OF SALEM HEALTH DEPT. Ms. Joanne Scott, Health Agent City of Salem Board of Health 9 North Street Salem, MA 01970-3928 RE: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Ms. Scott: I received your return call and message confirming that the hearing/appeal on the above reference property would be continued. We appreciate your courtesies very much. As I discussed with your secretary, we would like to have the appeal continued until the finding by the DEP can be appealed and decided as the Town's new findings and notice were based upon the DEP's denial of our joint proposal. We are awaiting notification of a hearing date(we filed the appropriate notice of appeal and have two additional calls into the DEP for confirmation). We will be in touch with you as soon as we confirm the appeal date. Additionally, as instructed by your May 19, 1998 correspondence, Patricia Miller, will continue to pump the septic tank at 8 Wyman Avenue as often as necessary to keep sewage from breaking through to the surface. Once again, thank you very much for your efforts and courtesies in this regard. Sincerely, ,:;Vainith, Esq. ACS/bac cc: Pat Warren, St. Joseph's Credit Union Pat Knuuttila Smith & Smith Counsellors at Law Dwain & Smith 315 Liberty .Square Direet Phone(978) 762-5473 Danvers, Massachusetts 01923 Phone (978) 777-4220 Fa: (978) 777-3225 Adam (. Smith Direst Phone(978) 762-5471 Of Counsel Frank J. Ingram tRPO Direct Phone(8) 762-5472 MAY2 G 8 199t"� May 26, 1998 Ms. Joanne Scott, Health Agent City of Salem Board of Health 9 North Street Salem, MA 01970-3928 RE: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Ms. Scott: I have filed with the Department of Environmental Protection(DEP) for an appeal to their decision dated May 6, 1998. I feel that Mrs. Knuuttila(Miller) is being improperly denied the use of her property by this decision. I firmly believe that the alternative worked out with your Board and Hancock Engineering is a proper one, and one which fairly treats Mrs. Knuuttila (Miller) and protects the public. The City chose not to put sewage on Wyman Avenue but has continued to allow building, construction, filling and moving of property on that road affecting water flows in a manner which is, if anything, seriously detrimental to my client's interests. We will,however,in accordance with your letter of May 19,attempt to develop and present reasonable alternatives. We hereby request and state that we believe that we are aggrieved by your order and, therefore, do request, in accordance with that letter, a hearing before the Board. Sincerely, 2 �Ix2av � (L •�„ Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Pat Knuuttila Smith & Smith ' Counsellors at Law Dwain B. Smith 315 Liberty Square Dieeet Phone(978) 762-5473 Danvers, Massachusetts 01923 Phone (978) 777_4220 Fa: (978) 777_3225 Adam C. Smith Direct Phone(978) 762_5471 1 O{Coupes) ',) g ,` / Frank J. Ingram Direct Phone(978) 762_5472 -a - Mt1Y ?. 7 198 May 22, 1998 CITY OF SALEM Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston,MA 02211 RE: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Sir/Madam: This letter,in accordance with 310 CMR 1.00 and M.G.L.30A,is a request for a hearing for Patricia Miller since she has been aggrieved by the decision of the Department in regard to the improvement of a septic system in Salem,Massachusetts. I am enclosing my check for$100.00 in accordance with requirements for filing this appeal. The denial is arbitrary and capricious and not in accordance with the facts of the situation involved. There is no major threat to wetlands or the environment as a result of this situation. All significant sewage is eliminated as a result of the use of a composting toilet. The only material passing through the Wisconsin mound is greywater. There are no true wetlands involved. The City of Salem has sewered the entire city and to the best of my knowledge and belief, all of Highland Avenue was se*ered except this street which was heavily ledged. They did not provide sewage on this street, however, have continued to allow additional houses and sewage systems to be constructed. This additional construction has created the problem that now exists. As a result thereby,the City is condemning property and depriving Mrs.Miller of her reasonable rights to the property that she owns. The Board of Health approved the plans submitted to you. A Board of Health representative worked with Mrs. Miller's engineer from Hancock Engineering to comply with your additional requests and said Board has generally accepted and approved the program presented. i Department of Environmental Protection May 22, 1998 Page 2 We feel that Mrs. Miller is being improperly deprived of her constitutional rights to her property and request an appropriate hearing under the statute. We have already received from the City of Salem a condemnation of her property as a resuh-rdf your decision. The alternatives mentioned in your letter have all been previously explored and are impossible as the Board of Health and your office must realize. Please advise me as to a hearing date so that I may notify all interested public and private parties. Sincerely, Dwain B. Smith,Esq. `s DBS/bac Enclosures cc: ; Salem Board of Health Hancock Engineering Assoc. St. Joseph's Credit Union Patricia (Knuuttila)Miller City of Salem Mayor's office I, ;r 4 � f CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO - NINE NORTH STREET HEALTH AGENT Tel:(978)741.1800 Fax:(978)740-9705 May 19, 1998 Patricia A. Miller (Knuttila) Ronald Knuttila John J. Miller 8 Wyman Avenue Salem, MA 01970 Dear Sirs & Madam: After revisions of your application, the Massachusetts Department of Environmental Protection (DEP) denied your plans to install an alternative septic system at your property at 8 Wyman Avenue. The existing septic system has failed and sewage is coming to the surface above the leaching field. This constitutes a serious public health and environmental nuisance. i Since connection to the sewer, or further fruitful site investigation, or installation of a zero discharge on-site system, is not possible, at its meeting on May 12, 1998, the Salem Board of Health voted to require the installation of a tight tank on your property according to the following timetable: Submit a plan to the Board of Health within 30 days of receipt of this letter. Once approved by the Board of Health, immediately send a copy of the plan to the Massachusetts Department of Environmental Protection for approval. Complete installation of the tight tank within 30 days of the approval of the Massachusetts Department of Environmental Protection. d F CrTY OF SALEM HEALTH DEPARTMENT Nine North Street Salem,Massachusetts 01970 Therefore, in accordance with the State Environmental Code Title V: "Minimum Requirements for the Subsurface Disposal of Sanitary Sewage", you are ordered to install a tight tank in accordance with the above timetable. In addition, until the tight tank is installed, you are ordered to continue to pump the septic tank at 8 Wyman Avenue as often as necessary to keep sewage from breaking through to the surface. Failure to comply with this order may result in condemnation of your dwelling. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders , and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. SnPerely yours,, :Joanne Scott Health Agent cc Dwain B.Smith, Attorney Patricia Warren, CEO, St. Joseph's Credit Union HAND DELIVERED BY CONSTABLE AZgRX l — MAY 22, 1998 s/Azo 9,9 Irc F,SS j t'o S,-4�ay Pam;6KA�K;t' � 1jtF CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS, CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741.1800 Fax:(978)740-9705 May 19, 1998 Patricia A. Miller (Knuttila) Ronald Knuttila John J. Miller 8 Wyman Avenue Salem, MA 01970 Dear Sirs & Madam: After revisions of your application, the Massachusetts Department of Environmental Protection (DEP) denied your plans to install an alternative septic system at your property at 8 Wyman Avenue. The existing septic system has failed and sewage is coming to the surface above the leaching field. This constitutes a serious public health and environmental nuisance. Since connection to the sewer, or further fruitful site investigation, or installation of a zero discharge on-site system, is not possible, at its meeting on May 12, 1998, the Salem Board of Health voted to require the installation of a tight tank on your property according to the following timetable: Submit a plan to the Board of Health within 30 days of receipt of this letter. Once approved by the Board of Health, immediately send a copy of the plan to the Massachusetts Department of Environmental Protection for approval. Complete installation of the tight tank within 30 days of the approval of the Massachusetts Department of Environmental Protection. i _ I CITY OF SALEM HEALTH DEPARTMENT L Nine North Street Salem,Massachusetts 01970 Therefore, in accordance with the State Environmental Code Title V: "Minimum Requirements for the Subsurface Disposal of Sanitary Sewage", you are ordered to install a tight tank in accordance with the above timetable. In addition, until the tight tank is installed, you are ordered to continue to pump the septic tank at 8 Wyman Avenue as often as necessary to keep sewage from breaking through to the surface. Failure to comply with this order may result in condemnation of your dwelling. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders , and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Si cerely yours,, Joanne Scott Health Agent cc: Dwain B.Smith, Attorney Patricia Warren, CEO, St. Joseph's Credit Union COMMONWEALTH OF MASSACHUSETTS = EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ARGEO PAUL CELLUCCI ���� J�J Governor VI'RUDY COXE MAY 1 1 1998 Secretary DAVID B. STRUHS CITY OF SALEM Commissioner HEALTH DEPT. May 6, 1998 John Miller and Patricia Miller 8 Wyman Avenue Salem, Massachusetts 01970 Re: Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM FOR REMEDIAL USE 8 Wyman Avenue, Salem, Massachusetts 01970 Transmittal Number: 126296 Dear Mr. & Ms. Miller: In connection with your pending permit application,the Department received a letter from Hancock Engineering Associates, dated April 1, 1998, in response to the Department's technical deficiency letter, dated December 8, 1997. Accompanying the letter were a set of revised plans and soil logs. The Department has completed its technical review of your application, including all supplemental information submitted. Based on the provisions of the applicable regulations, the Department denies your application for the reasons specified below. In accordance with 310 CMR 15.284 (2),remedial use of an alternative system shall be allowed where the Department finds that the applicant has established,through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts,that the alternative system will provide a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293, for use where connection to a sewer system is not feasible. You have proposed a Wisconsin Mound system to treat and dispose of the greywater generated at your house, while composting toilets are proposed for the blackwater. The soil evaluation revealed, however, that there is no naturally occurring pervious material in the area of the proposed mound system. The evaluation also revealed that groundwater is at the surface of the ground. DEP on the Wodd Wide Web: hdpYAm magnet.state.ma.us/dep ej Printed on Recycled Paper RE: Transmittal Number 126296 Page: 2 As part of your application, you did not submit evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are comparable to those in Massachusetts, that the alternative system you proposed will provide a level of erivironmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.293. Additionally, the Department has been unable to locate any information on the performance of Wisconsin Mound systems when they are used for greywater only. Furthermore, all of the evidence the Department has on Wisconsin Mound systems pertains to sites where there are at least two feet of naturally occurring pervious material. Since on your property the estimated high groundwater is at the surface of the ground and there is no naturally occurring pervious material, if the system is installed as designed, there will be breakout at the toe of the mound. According to 310 CMR 15.303 (2)a system fails to protect public health and the environment if there is a discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area. Please note that regardless of this denial, in accordance with Title 5, 310 CMR 15.000, you are required to upgrade your failing system. The Board of Health should ensure that you complete a timely upgrade of your system. If the upgrade you propose will not require the Department's approval,please send us a copy of the application that you submit to the Board of Health, for our records. Based on the limited information the Department has regarding your property, it would appear that there are four potential options available to you: connection to the sewer, further site investigation and installation of an appropriate system, the installation of a zero discharge on-site treatment system, and the installation of a tight tank. Connection to the sewer should be explored first. If a sewer is available, this option must be pursued. Further site investigation for suitable naturally occurring pervious material either on your or on a neighboring property may reveal the presence of suitable pervious material for installation of either a conventional or innovative / alternative Title 5 system. Installation of a zero'discharge on-site system with or without the use of composting toilets could be explored. Zero discharge systems use evapotranspiration to reduce the amount of wastewater that will have to be pumped and transported and disposed of off-site. A Tight tank should be considered only as a last resort when there is no other feasible solution and only after all of the above options have been thoroughly investigated. Please include the transmittal number listed above on any future correspondence regarding your application. Should you have any questions regarding this matter, please contact Christos Dimisioris, of my staff, at(617) 292-5912. RE: Transmittal Numlier 126296 Page: 3 Sincerely, Lealdon Langley, Acting Director Watershed Permitting Program cc: Salem Board of Health DEP,NERO, David Ferris Dwain Smith, 315 Liberty Square, Danvers, MA 01923 Hancock Engineering Assoc., 235 Newbury St., Danvers, MA 01923 This determination is an action of the Department. Any person aggrieved by this determination may request an Adjudicatory Hearing in accordance with 310 CMR 1.00 and MG.L. 30A. A request for a hearing must be made in writing and postmarked within 30 days of the date of mailing of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and concisely the facts that are the grounds for the request and the reliefsought. The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars($100.00), must be mailed to: Commonwealth of Massachusetts Department of8nvironmental Protection P.O. Box 4062 Boston, MA 02211 The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 126296.003 rIV111.JIIIIPIIXJIIIIVI�LVViPIIVIPPt LPYI rPn.,PIV�III VLLJ rVRi.1PIP1111 MLLV iPycivu nrvinP,pnP,n�ivw..rv,ciii. Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square D:. i Ph.n.(978)762.5173 Danrcre,MaswAueetia 01923 Plicae (978) 777-4220 Fa: (978) 777_3225 Adam C. Smith Direct Phone 1978)762_6471 r&ULJ.F Frank . Imam Direct Phone(978)762-5472 MAY 1 1 1998 FAX COVER PAGE CITY OF SALEM HEALTH DEPT. TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith, Esq. DATE: May 11, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem, MA NUMBER OF PAGES (including cover): 2 MESSAGE: Dear Ms, Scott: Enclosed please find a copy of a letter that was sent to Joe Serwatka at Hancock Engineering today. Yoursours very Dwain B. Smith, Esq. THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRIVn,EGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROHIBITED AND ANY OTHERDISSEMLNATION ISSTRICTLY PROHIBITED. IN THE EVENT YOU RECEIVETHIS TRANSMISSION IN$RROR,OR IN THE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITH&SMITH IMMEDIATELY AT(979)7774220.THANK YOU. rww.annmamnmywurmimrauavu ra.�mo�niveer rmce,ariol m+�eeu rayeemc rvmuuag niay ii,irro y,uacrni 7J4. �. ::,1 •'' ., a .' J�ai.�OT"fyi �Sf ,Yy < .1 Couneellora at Law Dwain B. Smith 316 Liberty Sequa» ' Dame Pheee(978) 762-6473 Dan"m M.eesel.umtee 01923PLene 19781777-4240 F" (978) 777.3216 Adam C. Smith Dirvuf Phone(978) 768.6471 Of C: 481 DrwiMon (978) 7 Danot Phene(978) 765.6474 May 11, 1998 MAY 1 1 1998 CITY OF SALEM VIA FACSIMILE AND FIRST CLASS MAIL HEALTH DEPT. Mr. Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers,MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr..Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be looking forward to hearing from you in the very near future. Sincerely, Dwain 13. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila Smith Smith Counsellors ai Law Dwain B. Smith 315 Liberty Square Direct Ph...(978) 762_5473 Dere,Masseohusefts 01923 Phone(978) 777-4220 Foa (978) 777_3225 Adam C. Smith Direct Ph...(978) 762_5471 Of Counsel POEM Frank J. Ingram ZQ.fl Direet Pheee(978) 762-5472 MAY 14 1998 May 11, 1998 CITY OF SALEM HEALTH DEPT. VIA FACSIMILE AND FIRST CLASS MAIL Mr. Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers, MA 01923 RE: 8 Wyman Road Salem, MA f Dear Joe: Apparently the alternate program as submitted did not qualify, although I had been led to believe by the Board of Health that you and Mr. Martin had established an acceptable alternative. We have thirty(30) days to appeal, if an appeal is appropriate, from May 8. Please advise me as to when you are available for a meeting (hopefully in the very near future) as I will be out of town for the last week in May and the first week in June. I suggest the meeting take place at the bank, and if you will give me a date, I will be happy to notify all of the necessary people. I will be lcokitng forward to hearing uo r.you in the cry near.u ure. Sincerely, Dwain B. Smith,Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union 'Joanne Scott, Salem Board of Health Patricia Knuuttila mm:W1M&=nn,e0USeuorS E Law rat:VN)111.40 HIM 01n)n i 4aU rap 1911 mu.L„n Smith & Smith Counsellors at Law Dwain B. Smith 516 Liberty Square Mmd Phone(978)762-5473 Deniers, Massachusetts 01923 PLoue (978) 777-4220 Fm (978) 777-3226 Adam C. Smith Meet Phone(978)762.5471 of comsol Frank J. Ingram Direst Phene(978) 768_6478 FAX COVER PAGE, TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978)740-9705 FROM: Dwain B. Smith,Esq. IR DATE: May 20 1998 RE: John & Patricia Miller 8 Wyman Avenue �Q oFSo�e� Salem, MA NUMBER OF PAGES (Including cover): MESSAGE: Dear Ms, Scott: Since my letter of May 11, I haven't heard anything from Mr. Serwatka. The time to appeal this decision is very short, and I am very concerned with Mr. Setwatka's lack of response for the past few months. Perhaps there is something I don't know about,however, I wanted to keep you apprised of the situation. I think a member of the Board of Health is working with Mr. Serwatka(Mr. Martin) to reach a satisfactory solution. Mrs,Miller has been away,but I hope to get in touch with her this week, and I hope to be in touch with you before leaving for my vacation next week. Yours very truly, Dwain B. Smith, Esq. cc: Pat Warren St. Joseph's Credit Union THE WITHIN TRANSMISSION IS CONFIDENTIAL ANO BELONGS TO THE BENDER. THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IP YOU ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS IS STRICTLY PROHIBITED AND ANYOTHER DISSEMINATION TSSTRICTLV PROHIBITED.IN THE EVENT YOU RECEIVE THIS TRANSMISSION IN ERROR.OR IN TIM EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITH&SMITH IMMEDIATELY AT C9711)7774220, THANK YOU. krom:mm6mo,uousellorsatLaW ha%:�Itl1111Q4VoICe:Plb)IH4-M rapouvveanesaay,may m,imo:aralrm ►Sirm oth & Smith Couafellora at LOW Dwain B. Smiih 316 I.i6* Square DI"of Phone(978) 76M478 D. wr.,MmuAumtty 0192E Pl.(978) 777.4220 F. (978) 777.3226 Adam C. Smith Dimmer Pheae(978) 762-Ryl Of C0=681 Frank J. Inv&= Dinee Phaaa(978)76$..6472 FAX COYER PAGE TO: Joe Serwatka Hancock Engineering Assoc. FAX: 774-7816 FROM: Dwain B. Smith,Esq. LUJ DATE: May 20, 199$ 011 RE: 8 Wyman Road,Salem,MA OF NUMBER OF PAGESfacludin c (, C g cover): 1 v, MESSAGE: Dear Mr. Serwatka: I am truly disturbed by your lack of communication, This is a serious matter which threatens my , client with the loss of her home. If you don't have the time to communicate with me,please advise me of that fact and we will seek support elsewhere. Yours very truly, Dwain B. Smith, Esq. (� ` cc: V Joanne Scott, Salem Board of Health Pat Warren, St. Joseph's Credit Union THE WITHIN TRANSMISSION IS CONFMENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRMLEGED, THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL, IF YOU ARE NOT TM INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYING,DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS ISSMCILVPROHIBITED AND ANYOTHERDMEMWATIONISSTRICTLYPROImITTED•INTER RVENTYOURE.CEIVETHISTRANSMISSION IN ERROR,OR IN TRE EVENT OF TRANSMISSION PROBLEMS,PLEASE CONTACT SMITR&SMITH IMMRDIATELY AT(9M 7774220.THANK YOU. CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 Fax:(508)740-9705 May 8, 1998 HAND DELIVERED BY CONSTABLE 5/11/98 Patricia A. Miller (Knuttila) Ronald Knuttila John J. Miller 8 Wyman Avenue Salem, MA 01970 Dear Sirs & Madam: The Massachusetts Department of Environmental Protection (DEP) is in the process of reviewing your plans to install an alternative septic sstem at your property at 8 Wyman Avenue. The existing septic system has failed and sewage is coming to the surface above the leaching field. This constitutes a serious public health and environmental nuisance. Therefore, in accordance with the State Environmental Code Title V: "Minimum Requirements for the Subsurface Disposal of Sanitary Sewage", during the DEP review and continuingpermanent solution has been until a determined, you are ordered to pump the septic tank at 8 Wyman Avenue as often as necessary to keep sewage from breaking through to the surface. Failure to comply with this order may result in court action and daily fines. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. f CITY OF SALEM HEALTH DEPARTMENT t ' * Nine North Street Salem,Massachusetts 01970 You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders , and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Sincerely yours, Joanne Sc`ott Health Agent cc: Dwain B.Smith Attorney Patricia Warren, CEO, St. Joseph's Credit Union Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty .Square Di. f Phoae(978) 762_5473 Danvers, Massachueeffs 01923 Phone (978) 777_4220 Fa (978) 777-3225 Adam C. Smith Direef Pheae(978) 762_5471 Frank J. Ingram Q Dirt Pheae(978) 762_5472 MAR 1 2 199111 yyy March 11, 1998 Mrs. Patricia Warren, CEO Hl ATY LDTH DEPSALET St. Joseph's Credit Union 336 Lafayette Street Salem, MA 01970 RE: 8 WYMAN AVE. SALEM, MA Dear Pat: We need to complete the changes required by Statement of Technical Deficiency prior to April 1. The Department of Environmental Protection agreed to extend their deadline to April 7. Once completed and. approved by, the Department of Environmental Protection, we need to begin construction immediately. My last correspondence with Joseph Serwatka at Hancock Engineering indicated that he and Mr. Martin of the Board of Health were moving forward with the required changes. I haven't heard from either of them since. I talked to Joanne Scott at the Board of Health yesterday. She was going to check with Mr. Martin at the Board of Health meeting last night. It is critical that we complete this matter and move forward rapidly as the Board of Health has been very patient, but I am sure their patience is running out. Perhaps it would be a good idea if you acted as a stimulus and called a meeting of all parties concerned at the Bank. I would appreciate hearing from you as soon as possible. Sincerely, Pw—amSmith, Esq. DBS/bac cc: IJoanne Scott, Salem Board of Health Joseph Serwatka, Hancock Engineering Patricia Knuuttila Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square D:reof Phone(978) 762_5473 Danvers, Massaohuset£s 01923 Phone (978) 777_4220 Fa: (978) 777_3225 Adam C. Smith Dir a Phone(978) 762-5471 Of Counsel Frank J. Ingram Direa Phone(978) 762_5472 April 10, 1998 Mr. Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers, MA 01923 RE: 8 Wyman Road Salem, MA Dear Joe: I haven't received a copy of the material you were sending into the DEP as yet,but the date for final resolutions was Apri17. I trust that you have done that and a copy of the changes are in the mail to me. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott, Salem Board of Health Patricia Knuuttila 4CMAV t�PR1 � 1946 CTy of SALENI HEALTH DEPT. Cmunselloi s at](aaevAh 315 Liberty Sgi,are Danvers, ly'[i A 0192 Ms. Joanne Scott, Health Agent City of Salem Board of Health 9 North Street Salem, MA 01970-3928 Smith & Smith Counsellors at Law Dwain B. Smah 315 LiberCT Square Direct Phone(978) 762_5473 Danvers, Messnohuseus 01923 Phone(978) 777_4220 Fa: (978) 777_3225 Adam C. Smah Direct Phone(978) 762-5471 Of Counsel Frank J. Ingram IRl V o DirecE Phone(978) 762.5472 �v APR 2 2 1998 April 17, 1998 HEALTH DEPT• Mr. Joseph J. Serwatka Hancock Engineering Associates 235 Newbury Street Route 1 North Danvers, MA 01923 RE: 8 Wyman Road Salem, MA' Dear Joe: 1, :..j I still have heard nothing from you in regard to the above matter and do not know whether or not you filed material appropriate to satisfy the DEP, and consequently, am totally in the dark as to what to do next. Would you please advise me as soon as possible as to what you have done to date. I will be looking forward to hearing from you. Sincerely, Dwain B. Smith, Esq. DBS/bac cc: Pat Warren, St. Joseph's Credit Union Joanne Scott;'Saleiii Board'o£Health Patricia Knuuttila y• �a 0 � a a s I � From:Smb&Wb,Cousellors atlaw Fax:P78)7PI M Voice:P78)7774220 Page t on i umay,marcns),im I:U:cc rM M .. t Smith & Smith Counsellors at I-aw Dwain B. Smith 316 Liberty Square Dlraot Phone(978) 762_6473 Danveee,Maeesnhuaetts 01923 Phone (978) 777.4220 Fax (978) 777_3226 Adam C. Smith DIveat Mooe(978)7624471 Fronk Counsel picanizo Dito Ingram D;ewt Phsne(978) 768-6472 FAX COVER PAGE MAR 3 1 1998 CITY OF SALEM HEALTH DEPT, TO: Ms. Joanne Scott, Health Agent Salem Board of Health FAX: (978) 740-9705 FROM: Dwain B. Smith,Esq. DATE: March 31, 1998 RE: John&Patricia Miller 8 Wyman Avenue Salem,MA i NUMBER OF PAGES (including cover); 1 MESSAGE: Dear Ms. Scott: Enclosed please find a copy of a fax that was sent to Joe Serwatka at Hancock Bngincering today. Yours very truly, i Dwain B. Smith, Esq. i THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRIVILEGED. THE MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT.YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSIRE,COPYING,DOTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON IT'S CONTENTS LSSTRICTLY PROHIBITED AND ANY OTHER DISSEMINATION IS STRICTLY PROHIBITED. IN THE EVENT YOU RF.CEtYE THIS TRANSMISSION IN ERROR.OR IN THE EVENTOFTRANSMISSION PROBLEMS,?LEASE CONTACTSMITHd&SMITH IMME1)IATELYAT(978)7774220. THANK YOU. naw.vaaui VVI nuy WVUMIWl a aum, Ian.iui vi i i i vasa ansa,jai�j nI...+ ._a._.._ ._..__„._....... __. . Smith & Smith Counsellors at Law Dwain B. Smith 316 Liberty Square Direc(Phone(978) 762-6473 Daurere, Maasecbussas 01923 Phone(978) 777-4220 Fax (978) 777-3226 Aaam C. Smith Direct Phone(978) 762-6471 Of Counsel � �� �D Frank J. Ingram Direct Phone(978) 762.6472 III��Y1998OR 3 1 FAX COVER PAGE HEA�H DEPT .. TO: Joe Serwatka Hancock Engineering Assoc. FAX: 774-7816 FROM: Dwain B. Smith, Esq. DATE: March 31, 1998 RE: 8 Wyman Road, Salem,MA NUMBER OF PAGES (Including cover): I MESSAGE: Dear Joe: Please send me a copy of the material being sent to the DEP to satisfy their requirements. Also, please advise me if this means we can proceed with the system immediately. If it does,I want to try to get the work started forthwith as I know the Board of Health is anxious that this be completed. Yoursizth, ery truly, Dwain Esq. cc: Joanne Scott, Salem Board of Health Pat Warren, St. Joseph's Credit Union THE WITHIN TRANSMISSION IS CONFIDENTIAL AND BELONGS TO THE SENDER. THIS INFORMATION IS LEGALLY PRIVn,EGED. THE, MATERIAL ENCLOSED IS ONLY INTENDED FOR THE USE OF THE NAMED INDIVIDUAL. IF YOU ARE NOT THE INTENDED RECIPIENT,YOU . ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,COPYYG,DISTRIBUTION OR TAING OF ANYACTION IN RELIANCE ON[T'3 CONTENTS 19 STRICTLY PROHIBITED AND ANY OTHER DISSEMINATION IS STRICTLY PROHIBITED.IN THE EVENT YOU RECEIVE THIS TRANSMISSION IN EBRO&OR IN THE EVENT OF TRANSMISSION PROBLEM&PLEASE CONTACT SMITH&SMITH IMMEDIATELY AT(978)771-4220. THANK YOU. Smith & Smith Counsellors at Law Dwain B. Smith 315 Liberty Square Direct Phone(978) 762-5473 Danocrs, M...=husctts 01923 Phone (978) 777_4220 Fa: (978) 777-3225 Adam C. Smith Direct Phone(978) 762_5471 Counsel F rank J. Ingram Dir i Phone(978) 762_5472 January 15, 1998 JAN 2 0 1998 CITY OF SALEM Mr. Michael Rapacz, Program Director HEALTH.f9EPT. Wastewater Management Commonwealth of Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 RE: STATEMENT OF TECHNICAL DEFICIENCY APPLICATION FOR BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM REMEDIAL USE at: 8 WYMAN AVENUE, SALEM,MA TRANSMITTAL NUMBER: 126296 Dear Mr. Rapacz: This letter is sent to you requesting an additional sixty (60)day period of time to complete and satisfy the short-comings of the application as listed in your letter of December 8, 1997. There are a number of individuals involved in this issue and, therefore, it will take the additional time to straighten this out. I would appreciate receiving a confirmation of the approved extension for my records. Thank you for your help in this matter. I will be looking forward to hearing from you. Sincerely, DBS/bac Dwain B. Smi sq. cc: Salem B d of Healt-hP Hancock Engineering Assoc. St. Josepli's Credit Union. Patricia Knuuttila COMMONWEALTH OF MASSACHUSETTS 3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 021p0088 617-292-5500 ARGEO PAUL CELLUCCI ��),� W�p`A O TRUDCOXE Governor 4 L! Secretary ecretary FEBpp �A S 4 1990 DAVID B.STRUHS Commissioner CITY OF SALEM HEALTH DEPT. Februsry 3, 1998 John& Patricia Miller 8 Wyman Ave. Salem,Maschusetts 01970 re: Extension for Response on Technical Deficiency Application for BRPWP64C PROPOSED INSTALLATION OF ALTERNATIVE SYSTEM REMEDIAL USE 8 Wyman Ave., Salem,Maschusetts 01970 Transmittal Number: 126296 Dear Mr. & Mrs.Miller: The Department received a letter from Smith & Smith, Counsellors at Law, dated January 15, 1998 requesting an additional sixty day period of time to complete and satisfy the deficiencies of the above reference application as listed in the Department's letter dated December 8, 1997. The Department hereby approves your request for extension. You now have total of one hundred and twenty(120)days from December 8, 1997 to respond to the Department. Should you have any questions regarding this matter,please contact me at(617)292-5912. Sincerely, istos Dimisioris Environmental Engineer Wastewater Management Program cc: Salem Board of Health Dwain Smith,315 liberty Square,Danvers,MA 01923 Hancock Engineering Assoc.,235 Newbury St.,Danvers,MA 01923 yb 126296.Itr DEP on the World Wide Web: hflp:Ary magnet.state.ma.us/dep Z�'j Printed on Recycled Paper