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Home My WebLink About0093 HAWES AVENUE - Health 93 Havves Avenue Hyannis A= 32/3 -- 011 sEwtr Law Firm of Michael P. Healy & Associates The Partridge House 847 Washington Street Holliston,MA 01746-1685 ' Telephone: (508)429-7700-Facsimile: (508)429-7703 MICHAEL P.HEALY Email: mhealytObealy-associates.com MAGALI C.BLACK Email: mblack@lie&-associates.com *Also Licensed in Rhode Island Via: Certified Mail December 29, 2010 Karen Malkus Coastal Health Resources Coordinator Town of Barnstable Regulatory Services Department Public Health Division 200 Main Street Hyannis, NIA 02601 Re:- .93 Hawes Avenue ' Hyannis;_MA 02601T Dear Ms. MaIkus: r I am responding to your letter dated December 3, 2010 which was received on or about December 19, 2010. I politely disagree with the factual statements in your letter as I believe they are inaccurate. First, I think you will agree that paragraph 40-2, Pollution Prohibited, of the Barnstable Code contains the following statement: "The discharge or disposal of oil,dead fish,garbage,waste,rubbish or debris on the waters, shores or foreshores is prohibite ."d The water coming out of the sump pump and related pipe is a combination of ground water and tidal water and contains no pollution of any type. I would be pleased to review any test data-that you have to the contrary. We heat with gas and we do not store anything on the floor in the basement. Anything stored in the basement,and there is not a great deal of material; is either on':" inder blocks, such as the gas furnace, or on tables that are over fhree feet-off the ground. In your letter you stated we are"in violation of several Town Ordinances". Please be kind enough to inform me what Town violation you believe exists beyond Barnstable Code 40-2. I look forward to addressing any legitimate legal concerns the Board may have. As the discharge from our sump pump has no pollutants, it is'merely a combination of ground water and tidal water, the issuing of a"Warning Notice" was inappropriate and I formally request that you withdraw the Notice. Please note we are in the process of filing for a NPDES permit and will send the Barnstable Board of Health a copy when received. Sincerely, Michael P. Heal MPH/lmg cc: Wayne Miller, M.D. - Chairman of the Board Barnstable Health Division ......_ .�...,Y-,- -^•r-.�.-.r....rr ...:^[.Y•p,r,y'*."tiY..+.a .�:,� ll........,.- -,r,•Yr,.Y,.--�,.+..,mow.. •.y. .q:.—. -,;, -..�._.,.,,,..ry«;,-.+.,--r".I.-.+�TOWN OF OF BARNSTABLE BAR-W 71 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager s ,t { '` Address of Offender �A 1 k./.:'G.e• 1 �D 'n MV/MB Reg.# Village/State/Zip � ' (mow �1 I ') — y �` � � Business Name am/pm, on 20_ Business Address `- Signature of Enforcing Officer Village/State/Zip Location of Offense 9 Enforcing Dept/Division Offense " - . r` ;fC� % �� 73 p�.�M Q, � � Facts ia 1 'l Cc. SM2 r ' Li S 4_ r� , 4 J This will serve only as a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. WHITE-OFFENDER CANARY—ORD./REG.—PROG. PINK—ENFORCING OFFICER GOLD—ENFORCING DEPT. s Town of Barnstable Barnstable Regulatory Services Department f"mm"cac" BARNSTAHM i639 03 Public Health Division . `0� 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Thomas F.Geder,Director FAX: 508-790-6304 Thomas A.McKean,CHO i 12/3/10 S Michael and Catherine Healy 211 Dalton Rd. Holliston, MA 01746 Re: 93 Hawes Ave. Hyannis, MA 02601 As we discussed on the phone, the pipe extending from your basement at 93 Hawes Ave. to Nantucket Sound is in violation of several town ordinances and the Clean Water Act. NPDES (National Pollutant Discharge Elimination System under the Clean Water Act, 33 U.S.C.12-51) states: discharge of pollutants into the waters of the United Sates is prohibited without a NPDES permit and regular monitoring of the discharge. There are many homes on the Cape that struggle with basement flooding. While the basement water may consist predominantly of ground water or tidal water, it can pick up contaminants in the basement, from equipment, oil tanks, stored items or from the sump pump itself. When basement water is discharged directly to the surface of the water, oils and other toxic wastes go directly into the surface water. By simply infiltrating the discharge water into the ground, the majority of these contaminants are removed or degraded before reaching the beach. Other properties in Hyannis have used dry wells or infiltration systems to deal with basement flood waters. Such simple systems would be appropriate for your home, especially because it is rented and the discharge may not be easily monitored year round. Of course, if you would like to pursue a NPDES permit that is appropriate, as long as we: have a copy of the permit here for our files. (The NPDES forms you would have to fill out to start the permitting process are Forms 1 and 2D available online.) If you do not get a NPDE permit you will need to move the pipe and infiltrate the basement water before it enters Nantucket Sound in order to resolve the violations. i 'w .I hope we can work cooperatively on this matter. Your positive response and action will benefit you most, since the water quality outside your home will improve from your efforts. I have sent a warning ticket, hoping that you will resolve this matter without further action from the Town. Feel free to call me with any questions. Karen Malkus Coastal Health Resources Coordinator karen.malkus @town.barnstable.ma.us (508) 862-4641 G TOWN OF BARNSTABLE BAR-W 5585 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager e- an�-C-c�-�rl /fie Address of Offender �� ` _ MV/MB, Reg.# Village/State/Zip �}-Z�� ,� G Business Name am/pm, on 20_ Business Address Signature of Enforcing Officer Village/State/Zip Location of Offense 5 �U� 14ec, 4--) frl/l v� Enforcing Dept/Division Offense �7V"� C7- _ P DE5 C Mc� - U S T ' Facts r\ l SCV-\CL- � ( .'�. ci 1 L- CXA�r— This will serve only as a warning. At this . time no legal action has been taken. ��. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town.