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Page 5 . <br /> COUNSEL: during maintenance on it. I don' t really know, but I am <br /> presuming something has been done up there in the last three <br /> years . Then I called DEQE, yesterday afternoons because Mrs . <br /> Anderson indicated to me that, DEQE had been notified of this <br /> project going forward down here . That was quite important <br /> as far as our case goes . Because if DEQE told the Board of <br /> Health to stop using the septage lagoons than the Board of . <br /> Health had no choice to stop. We are endeavoring to secure <br /> the assistance of DEQE at this point, and hopefully they will <br /> come forward and help us . I think this brings us up to date <br /> as to what transpired and the only critical thing that re- <br /> mains right now is a two fold problem of, I suppose of taking <br /> care of septage for the Town and that apparently is solved <br /> with Otis ' s rescue offer and the second thing of importance <br /> is the suit. I will be able to satisfy one requirement that <br /> the Judge has imposed. That is to make arrangements . That <br /> has been taken care of. The second aspect of the suit is <br /> that the person who is bringing the suit is seeking damages <br /> money damages against the Town." <br /> CHM. THOMAS : "For damaging her house?" <br /> TOWN COUNSEL: "I am a little bit puzzled by that, obviously nothing the <br /> Board of Health did caused her septic system to back up <br /> into her basement. I am not rely clear as to what her theory <br /> is. Maybe she is suggesting that her house is uninhabitable <br /> because her septic system is backing up, and inavailability <br /> of a pumper to remove the sewage from it. If that is true <br /> and that condition existed all day Monday, I don' t know if <br /> that person has been notified today that septage can be <br /> dumped at Otis or not. I am not aware of that." <br /> CHARLES <br /> BUCKINGHAM: "I think she has . " <br /> TOWN COUNSEL: If she has than that problem has been solved. So she had <br /> the septage, alledgedly, in her basement from Monday, Tues- <br /> day and today. I submit that the Town did not create that <br /> problem. The malfunction of her septic lagoon is not the <br /> responsibility of the Board of Health ' <br /> CHM. THOMAS: "We didn' t provide her a place to dump it" . <br /> TOWN COUNSEL: "We have a statutory obligation to provide a place to dump <br /> septage. Initially a town has no obligation to furnish a <br /> facility, in the beginning, once a town does build a facility <br /> than the town has a statutory obligation to maintain it and <br /> make it available to its inhabitants . It is sort of like if <br /> the Town didn't have any obligations whatsoever . Once we <br /> build one we have the obligation to maintain it and make <br /> it available to the citizens of the Town. " <br /> GARLAND: "Your recitation is find Joe , but I would like to clear <br /> one point. That the relief demanded by Judge Dolan was <br /> not afforded by the Board of Health, it was afforded by <br /> the Board of Selectmen, by their indirect intrusion into <br />