Professional Documents
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epantnmemt of Hxevfiromx]-nex]ta
envices
ArnrrxrsrRarrvE
No.
Abigail's Bakery
#cA2004061s98
ORDER
12-025 \ryD
August 6,2012
A.INrnonucrroN
This Administrative Order is issued by the Department of Environmental Services, Water
Division, to Nathan T. Chartier and Jenny M. Chartier pursuant to RSA 485-A:42. This
Administrative Order is effective upon issuance.
B. Panups
of 352
1. RSA 485-A:29-44 authoze DES to regulate the subdivision of land and the construction,
maintenance, and repairheplacement of individual sewage disposal systems ("septic systems").
Pursuant to rulemaking authority conferred therein, the Commissioner of DES has adopted NH
CooE ADMIN. Rur-s Env-Wq 1000 to implement this program.l
2. Nathan
and Jenny Chartier are owners of property located at352 South Sugar
Hill Road in
New Hampshire more particularly described on Town of Weare Tax Map #406 asLot#27
(the "Property").
'Weare,
Prior to February g,z}O,the rules were designated NH Code Admin. Rules Env-Ws 1000.
www.des.nh.gov
29 Hazen Drive
(603l' 271,-3503
"
Page 2 of 4
4. The proposed system was manufactured by Presby Environmental, Inc., ("Presby") and
marketed as the Enviro-Septic system. The Enviro-Septic wastewater treatment system was
approved for use as an innovative and alternative technology pursuant to Env-Ws 1024 in 1993,
and that approval was update d in 2004.
5. On October 19,2006, DES personnel inspected the installation of the septic system on the
Property and issued Operational Approval for the system.
the Chartiers noticed that sewage was backing up into the bakery.
7. On October 27,2008, Dennis Fogg of Presby performed an inspection of the septic system on
the Property. He concluded that the system failed.
8. DES personnel inspected the system on the Property on March 16,2009. DES staff confirmed
that the system was in failure.
9. RSA 485-A:37 requires
l.
1
RSA 485-A:2,IV, defines "failure" as the condition produced when a subsurface sewage or
waste disposal system does not properly contain or treat sewage or causes the discharge of sewage
on the ground surface or directly into surface waters, or the effluent disposal area is located in the
seasonal high groundwater table.
12. Env-Wq 1003.1 I (a) and (b) require that if a septic system serving a structure other than a
residence, or that receives anything other than sewage for disposal, needs to be repaired and
replaced as defined in Env-Wq 100234, the owner of the septic system shall work through a
permitted designer to submit an application to DES for a replacement septic system for approval in
accordance with Env-Wq 1003.01 through Env-Wq 1003.03 and Env-Wq 1003.06 through EnvWq 1003.09 and the approved septic system shall be installed by a permitted installer.
13. Pursuant to Env-'Wq 1002.74, "repaired or replaced" means reconstructing all or a portion of
the effluent disposal area so that the effluent disposal area and, its associated components contain
and treat effluent as intended.
14. Pursuant to Env-WqI002.26, "Effluent" means the liquid component of sewage after solids
have settled out.
llD
Page 3 of 4
15. RSA 485-A:2, X, defines "sewage" to be the water-carried waste products from buildings,
public or private, together with such groundwater inf,rltration and surfaie water as may be prsent.
16. The Charliers attempted to work with the original designer and the installer of the septic
system to address responsibility for the failure of the septic system and for the replacement of the
septic system. Those efforts have been unsuccessful, and the Chartiers are presently involved in
civil litigation with the designer and the installer of the septic system on ttre Property.
17. The manufacturer's manual for the septic system that was installed on the Property allows for
the opening and draining of a failed septic system to address short term failure of the septic
system. That "rejuvenation" process was performed on the septic system on the Property in2011
However, subsequent inspections of the Property by DES staff confirm that the process was
unsuccessful in rejuvenating the septic system, and it is again in failure.
18. DES personnel inspected the Property on May 12,2012, and concluded that the septic system
on the Property remains in failure.
19. DES has no record that a licensed septage hauler has been engaged to pump the septic tank at
frequencies sufficient to prevent wastewater from exiting the septic tank on the-Property.
20. DES has no record of receiving an application from a licensed septic system designer for a
replacement septic system for the Property.
D. DnrnnurNATroN Or, VroI,,lrrous
1' Nathan
and Jenny Chartier violated RSA 485-A:37 by failing to properly maintain and operate
the septic system on the Property so as not to cause a nuisance or potential health hazard,du to the
failure of the system.
3. Nathan
and Jenny Chartier violated Env-V/q 1003. I 1(a) by failing to engage a permitted
designer to submit plans to DES for approval of a replacement septic system f'or the property.
E. Ononn
Based on the above findings and determinations, DES hereby orders Nathan and Jenny
Chartier as follows:
1. Nathan and Jenny Chartier shall immediatety cease to allow the use of the septic system on the
Property by vacating the premises; OR, by engaging a licensed septage hauler topump the septic
tank on the Property at sufficient frequencies to prevent wastewater from exiting the tnk. tf ^
Nathan and Jenny Chartier elect to pump the tank in lieu of vacating the premises, they shall so notiflz
WD
page 4 of 4
DES and the Weare Health Officer and retain all pumping receipts for inspection by DES staff or the
Weare Health Officer.
2. Within
15 days from the date of this Order, Nathan and Jenny Chartier shall engage a septic
system designer licensed in the State of New Hampshire, who shall submit new plans for approval
of a septic system to replace the failed septic system on the Property. Such plans shall be firit
stamped by the Town of Weare, pursuant to RSA 485-A:32,II.
4. Nathan
and Jenny Chartier shall send all correspondence, data, reports, and other submissions
made in connection with this Administrative Order, other than appeals, to DES as follows:
Richard J. de Seve, Compliance Supervisor, Subsurface Systems Bureau, DES Water Division,
P.O. Box 95, Concord, NH 03302-0095, e-mail: richard.deseve@des.nh.gov,Fax:603-271-3442.
F. AppptL
Any person aggrieved by this Order may appeal the Order to the Water Council by filing an
appeal that meets the requirements specified in Env-WC within 30 days of the date of this Order.
Copies of the rule are available from the DES Public Information Center at (603) 2lI-2975 or at"
http://des.nh.gov/organization/commissioner/legal/rules/index.htm (scroll to end of page).
Appealing the Order does not automatically relieve any party of the obligation to comply with the
Order.
G. OrHnnPnovrsroNs
Please note that RSA 485-A:43 provides for administrative fines, civil penalties, and criminal
penalties for the violations noted in this Order, as well as for failing to comply with the Order
itself. Nathan and Jenny Chartier remain obligated to comply with all applicable requirements.
DES will continue to monitor compliance with applicable requirements and will take appropriate
action if additional violations are discovered.
This Order is being recorded in the Hillsborough County Registry of Deeds so as to run with
the land.
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