SEPTIC SYSTEM
INSPECTION
CONSENT DECREE
Address
This
CONSENT DECREE is entered into this DATE, between the Town of
FACTS
1. The Town of Tewksbury has approved the
funding for Contract ##
of the Town’s Master Sewer Plan, which includes service to this property, and
expects to have the construction of the sewer to this location completed by DATE.
2. A representative of the Board of Health has
visited the site and has determined that the system, during that visit, was not
overflowing or causing a public health nuisance.
3.
An inspection of the septic
system was conducted in accordance with the requirements of 310 CMR 15.000
(Title 5) on DATE,
by NAME, and said
septic system was determined to be in a state of failure due to REASON.
4.
310 CMR 15.305(1B) allows
the Board of Health to waive the immediate upgrade of a failed system, provided
that there is an enforceable agreement to connect to the sewer within 5 years.
5. The owner proposes to conduct a temporary repair of the system by DETAILS.
Based
on these facts, the Board of Health hereby waives an immediate and complete
septic system upgrade, subject to the following CONDITIONS:
6.
The septic tank shall be
pumped no sooner than 6 months prior to the execution of this document, and
annually in MONTH
with proof of pumping being submitted to the Board of Health within that month.
7.
The owner and any subsequent
owners shall take any action necessary to prevent the septic system from
becoming a public health nuisance.
8.
If at any time the system
overflows or is deemed to be a public health nuisance, the owner shall take
steps to correct such condition, including but not limited to turning the
septic tank into a tight tank as described in 310 CMR 15.000.
9.
Within 30 days of the
availability of a sewer connection, the dwelling shall be connected by a
licensed drainlayer to said sewer.
10.
Failure
to comply with this agreement shall allow the Board of Health to seek legal
remedies against any owner of the property. Said remedies may include the
issuance of an administrative fine, the seeking of a court decision in either
District or Superior Court, or some other appropriate matter of recourse.
11. The owner understands that the repair work to be completed is temporary in nature, and that there is no guarantee from the town and contractor that the septic system will function properly. Further, it is acknowledged that the temporary repair work does not entitle an owner to claim that the system is approved under Title 5, that the system can pass a Title 5 Inspection, or that additional sewer flow (additional bedrooms) may be added until the structure is connected to sewer, or a proper system upgrade is executed.
12. This agreement shall be
recorded at the Registry of Deeds to run with the property, and shall be
legally binding to these and all subsequent owners.
I hereby certify, under the pains and penalties of
perjury, that I have read and understand this document, and that I agree to
abide by its conditions.
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______________________________ Thomas
G. Carbone, R.S. Director
of Public Health On this day, DATE, the above named persons did appear before
me personally, to me known to be the people described in and who executed the
foregoing instrument and acknowledged that they executed it the same free
act. _____________________________
Notary
Public Commission Expires:
___________ |
______________________________ Seller ______________________________ Buyer ______________________________ Buyer _____________________________
Notary
Public Commission Expires:
___________ |
I
hereby certify, under the pains and penalties of perjury, that I have read and
understand this document, and that I agree to abide by its conditions.