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} <br /> 1 <br /> y <br /> Mr. Harrington again re-iterated that that section was from the part of the <br /> inspection process for the time of transfer 303 and 304. <br /> Ms, Gromelski stated that this was the only guidance they had to work <br /> from the only guidance about putting in a new system. This was what <br /> they were working off of, bless the hoard explained it to them. But there <br /> was no...the board never gave them any reason in writing to <br /> understandably function differently than it would be to follow this tent. <br /> Mr. Schulz wanted to add that where the confusion lies between ghat the <br /> board was Calling an emergency repair and what was being deemed an <br /> upgrade. The vacuity in the language of the hoard's letter to Exxon/Mobil <br /> puts the time frame issues...that was issued on August 261", 2003, which <br /> said that they had to check the system and perform emergency repairs <br /> was the problem. At which point Exxon/Mobil made some emergency <br /> repairs and had the system inspected that was on 08.29.04, which Was <br /> the date of the inspection report. There was nothing after their order on <br /> 08.26.04 and between 08.26.04 and January that says you have made <br /> some emergency repairs and the board was still considering this still an <br /> emergency. After they received a copy of the failed septic system report <br /> Title V inspection there was nothing that said that they had to upgrade <br /> the system within so much time. That was where the confusion lies. That <br /> was were the time frame was assumed or presumed to be okay until <br /> spring. The other piece of that that would tie it all together. They had <br /> initiated almost immediately after the failed Title V report cane in. They <br /> had some contact with the board of health working diligently to get a <br /> survey in. They also thought they could tie in to a larger system while <br /> they were cleaning the facility. There was no communication that <br /> indicated that there were going to be fines imposed if they didn't just <br /> proceed with the septic upgrade project. In'terms of the communication <br /> back and forth that was were they were getting into the confusion in <br /> terms of the expectations to proceed. <br /> Ms. Gromelski stated that they really did grant to work with the board <br /> and apologize for any confusion that had happened. They were <br /> attempting to make this project happen within the time frame that the <br /> board had set. They wanted to in till goodwill. $40,000.00 was simply not <br /> reasonable. It was something that the company felt strongly that they <br /> were not given the proper notice according to any standards, The MGL <br /> state that they needed to be given notice that they were going to impose <br /> fines for not upgrading the system. They knew that the board had stated <br /> there would be a $300.00 per clay fine if they didn't do a certain ones in <br /> there but that was for the emergency repairs that they did do before <br /> September even started. They were willing to compromise with the <br /> board. $40,000,00 was simply unreasonable in their minds. It would <br /> 8 <br />