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c <br /> 7.45 PM Johns Pond Center Realty Trust-^ Show Cause Hearing (cont"d) <br /> Thomas Paquin, attorney representing Alexander Mitrokota , the former owner of the <br /> property at 401 Nathan Ellis Highway, introduced himself to the Board. <br /> Mr. Paquin stated that at the last BOH meeting on 01/02/08, he provided the Board with a <br /> timeline which indicated that the closing of the sale of the property at 401 Nathan Ellis <br /> Highway took place before the BOH notification of the upgrading of the septic system. After <br /> the BOH hearing on 01/02 , Mr. Paquin stated that he sent a letter to the Health Agent, <br /> dated 01/03/08, which stated that the actions taken by his client complied with the BOH <br /> Regulation Part IX, Section 14.00. The letter stated than while the BOH may prefer than the <br /> concentration of nitrogen be expressed as 10 MG/L when measured at the leaching facility, <br /> the regulation does not so provide. The standard of the regulation is 10 MIGL and the only <br /> specific location at which the effluent is to be monitored is down gradient of the leaching <br /> facility 10 ft. from the lot line. Mr. Paquin stated that the ening septic system met that <br /> standard and that although the BOH may wish to amend the existing regulation, that would <br /> not change the fart that when Mr. Mitrokostas sold the subject property, he did so in <br /> conformity with BOH regulation Part IX Section 14. <br /> Mr. Paquin urged than the Board find no violation of the BOF Regulation Part IX Section <br /> 14.00, and rescind all fines levied against his client. <br /> Glen Harrington reported than he had been unable to obtain any more detail or specifics of <br /> the intent of the regulation from previous minutes. No tapes of the meetings were available, <br /> as there was no requirement for tapes of meetings to be saved at that time. <br /> Glenn Santos stated that the BOH was at an impasse with Thomas Paquin's client. Glenn <br /> stated that the intent of the regulation was to come up with the cleanest effluent with large <br /> flow systems. Glenn Santos stated that his interpretation of effluent is the sanitary <br /> discharge which is discharged into the environment, and what is discharged into the soil <br /> absorption system is the environment. It does not mean the-monitoring well at the property <br /> line; it does not mean anything else which is going to be diluted. <br /> Glenn Santos stated that both buyer and seller were aware of the BOH Regulation Part IX <br /> Section 14, yet they went ahead and installed the monitoring well, and the well was sampled. <br /> Glenn Santos asked why there was no correspondence or a courtesy call to the BOH with <br /> those sample results, asking whether the buyer and seller could go ahead with the closing. <br /> Glenn Santos stated that had the sample results been communicated to the Board at that <br /> point, the BOH would have said no to the closing on the property. The regulation states that <br /> before a property closing takes place, the septic system must fiat be upgraded, and the only <br /> system than is going to give a sampling of the effluent is the alternative denite system. <br /> Glenn Santos asked that Mr. Paquin and his client agree to meet with the new property <br /> owner and perhaps the Health Agent to try to come to some common agreement as to how <br /> to arrive at a solution to get the cleanest effluent possible on this property. Glenn Santos <br /> stated than, one way or another, the system on the property must be upgraded. <br /> Mr. Paquin again reiterated his position that his client had complied with the requirements of <br /> the regulation: he installed the monitoring well, took samples where the regulation indicated <br /> they needed to be taken, and the results of the samples fell well within the 10 MGL <br /> standard. Mr. Paquin asked that the BOH find that there has been no violation-of the <br />