Loading...
HomeMy WebLinkAbout4090DOCUMENT CONVERSION SERVICES PROVIDED BY IMAGING & MICROFILM ACCESS, INC. www.scanyourdocs.com 631- 589 -8100 83.72 -1 -36 BOX 31 NJ oil INT.Alli, i� .. � I� , a �I. IN I! IN L I I I ' IN qj� r L I � ' �'. , ' - ■ IN Complaint Information 1231g ;� -:.- - ..... ReceiVed 31�" Rcvd via Telephone Time Received Assigned To Paravati, Joseph .. p ...0 .......,........, Anonymous FirstAngela Last Densco Address 13 Pleasant Road City Lake Peekskill State NY Zip Phone 646 -423 -7808 ungmibource or compiamt Origin /Source 13 Pleasant Road Address 13 Pleasant Road Phone - - Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is ann, - Complaint is Against Complaint - General Facility Address Sub -LHU Risk Level No risk assigned - complaint Nature of Complaint Date Complaint Sewage exposure Status Resolved Resolved 8/20/15 Description Septic system is failing and running onto neighbors property ActionTaken SEE ATTACHED TIMELINE IN COMPLAINT FILE SEE COMPLAINT #004- 15 -19OW Page 1 of 1 Date Printed August 31, 2015 Complaint Information ''� ; �_.nA >'? AAip, f1Q(�'t�y!�1. �;�rY`nl�!!14 Pa::.nf.,n�• /r!3•S <.:. -`2'_ ?..�)L:�I:C� Rcvd via Telephone Time Received Assigned To Paravati, Joseph Complainant (Person Making Complaint) Anonymous FirstBrian Last Devine Address City State Zip. Phone 845- 795 -2045 vynuvvua.c v vvnrwua Origin /Source Denisco Address 13 Pleasant Road Phone - - Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is ann. - Complaint is Against Complaint - General Facility Address Sub -LHU Risk Level No risk assigned Nature of Complaint Date Complaint Sewage exposure Status Resolved Resolved 8/20/15 Description Neighbor called NYSDOH and stated septic is being pumped onto their backyard. Page 1 of 1 ActionTaken SEE ATTACHED TIMELINE IN COMPLAINT FILE SEE PREVIOUS COMPLAINT #014- 13 -19OW 1 1. . Time Line for 13 Pleasant Road, Putnam Valley 1 /.16/07,,.,.NQV ;-17Z57'07' mailed.. 77S7 60fi^0 deep holes and all wells within 200 feet. 2/6/07 Deep holes witness by Health Department. Sketch modified showing wells. 2/7/07 Repair Permit approved for Hekla Construction. 2/13/07 Final Inspection. Upon arriving at site, over half of the system was already backfilled. Joe Digit, Representative of PCDOH, had Hekla expose the comers of the. galleys. Hekla was reminded no systems are to be backfilled prior to Health Department authorization. 2/16/07 Re-inspection. Repair completed. No evidence of failure. The following is from Bill Hedges inspection report after the repair was completed 1/17/08 Possible SSTS failure. 1/18/018 Positive Dye Test. Tank to be p!!m ped. NOV to be sent. 2/4/08 - 2/5/08 Inspection. SSTS still failing. 2" NOV notice. 2/12/08 NOV hand delivered to owner and water sample. 2/14/08 Discussion with owner. Tank to be pumped. Hekla contacted. Pump may need to be replaced. 2/15/08 Tank pumped. 2/19/08 Water sample at complainant's residence. 2/20/08 New pump installed. Failure appears to have stopped. 4/1/08 Call from complainant. Area wet again. 4/2/08 Flow has stopped. Re-inspection to be done. 5/30/08 Complainant states SSTS at 13 Pleasant is leaking again. 6/2/08 Dye test. 6/3/08 Positive Dye Test confirmed. NOV sent. 6/27/08 Complainant states sewage in his basement again. Discussion with owner. Old septic fields may still be connected to the septic tank. Pipe from septic tank to old fields to be removed so that all flow goes to new SSTS. Hekla contacted but refused to do the work. 8/1/08 Pipe to old fields removed. Area is dry. 8/14/08 Complainant requested water sample, But area. is dry. 0/4-5/08--Field inspectiarr Area-dry- Corn' ldirif-abdfdZr; 7 10/28/08 Phone call from Defillipis/Denisco (owners). New fields now in use. Sewage in basement. Dye test. 10/30/08 Dye test positive. NOV sent with 11/30/08 deadline to correct failure. Owners feel it is Hekla's responsibility. Hekla contacted. 12/8/08 No repair performed. Area dry. Basement not inspected. 1/7/09 Complainant phone call. Sewage again in his basement. Phone call to owners. 1/9/09 Phone call from owners. Pump line frozen — to be fixed. Basement to be sealed over weekend to keep sewage from sump pump area. Complainant notified. 1/12/09 Frozen pump line repaired — will monitor. 1/13/09 Puddle in front and drying up. Pj!m p problem may have been corrected. 1/20/09 - 1/23/09 Several phone calls from complainant. Water in basement smells like sewage. 1/23/09 Field inspection. Water near driveway of complainant in area of past positive dye tests. Complainant t o o pen basement for inspection. 1/26/09 Meeting with owners. Dye test. Owners advised to contact Consumer Affairs about Hekla's work. Also, pump electrical connection found to be corroded. Pump_ replaced. 1/27/09 Field inspection — Complaint basement showed evidence of moisture no odor —dye - dye test negative 3/10/09 Water sample results TC:20,000; FC:7,600 probably sewage 3/24/09- 5/4/11 No flow —area under house near sump pump dry —will monitor and resample after rain. . .- :.. - Evidence .that minor work, - done ncar SSTS aA-ea< .,..�.+. _. .. -. ......w,. a. .r'. P. s ocuinen agin from 3/24/09 ihru 5/4/11 It appears that the complaint was never abated and there is no evidence of any action between 3/24/09 and 5/4/11 The following is from Shaw Ito an's complaint to 5/4/11 Call from Tina Defillipis — SSTS is failing again at 13 Pleasant Rd. Record search done for repair permit and prior complaints. 5/13/11 Site visit by PCDH; Present at inspection: Michael Budzinski, PE, Director Engineering; Joseph S. Paravati, Jr., PE, Assistant Public Health Engineer; Shawn Rogan, Public Health Sanitarian I1, and Cris Delarippa, Project Coordinator Septic Repair. Program, met with owner Angela Denisco and observed present site conditions. Discussed doing exploratory work and options for repair. Licensed contractor list sent to owner. 5/17/11 Call from Jim Gualtieri, licensed septic system contractor. Jim met with owners to discuss cost, a new pump pit and a possible curtain drain. 5/18/11 Site inspection by Shawn Rogan. Spoke with owner who is upset about spending more money on doing exploratory. Discussion about volume of water being used. Possible leaking toilets and the amount of occupancy (seven people in a 2 bedroom house) causing problems with SSTS. Water reduction also discussed. 5/19/11 Internal discussion between Shawn Rogan, Michael Budzinski & Joe Paravati about Jim Gualtieri's proposals. It was agreed that exploratory work is critical before any repair decisions are made. Owners unhappy with decision since they hired a company from New Jersey, Coppollo. Septic to do exploratory work 2 weeks ago. PCDH was not contacted before exploratory work. Shawn Rogan spoke with Dan, mgr. at Coppollo Septic. Dan stated no blockage found. D -box and edge of gullies uncovered. Groundwater was encountered at less than 24 ". Dan advised owners to hire an engineer and that there was not enough septic area to support the water being used by seven people. Shawn Rogan contacted owners and they agreed to have a contractor do further exploratory work 5/20/1.1 Ex.ratoryr hPla ;�rork witn0.:�i? rir;3�;:iri 5/24/11 Inspection of Jim Gualtieri's exploratory work by Michael Budzinski, PE and Joe Paravati Jr. P.E. Previous repair installed improperly, system was pitched 8" out of level. Jim Gualtieri to provide quote to homeowner to effect repair based on Health Department recommendations. 6/22/11 Phone message from Angela Denisco (owner). Notice received from Consumer Affairs stating that the new complaint filed cannot be acted on due to a higher court ruling on record. Joe Labarbera, Director of Consumer Affairs, contacted. Joe to pull files but feels action not warranted due to time elapsed 3 ears) and court ruling. 6/27/11 Shawn Rogan transferred phone message from Angela Denisco to Robert Morris, P.E., Director to Environmental Health. Rob to call owner 7/12/11 Shawn Rogan, forwarded another phone message from Angela Denisco to Robert Morris and Michael Budzinski. Angela states in message that septic is still running into the street and Ms. Denisco is still waiting to hear from us. 7/18/11 Phone call from Joe Paravati to Jim Gaultieri. Requested from Jim a cost estimate for the repair based on our recommendations at site meeting on 5/24/11. Meeting at site; present were Robert Morris, P.E., Director of Environmental Health, Michael Budzinski, P.E., Director of Engineering, Joseph S. Paravati, Jr., P.E. assistant Public Health Engineer, Angela Denisco, owner and Tina Defillipis owner. Discussed repair options and how we plan to proceed. 7/19/11 Received estimate from Jim Gualtieri — needs revisions and sketch not submitted. 7/25/11 Received new estimate from Jim Gualtieri — sketch now included. Phone call to Angela Denisco. Left message on home phone. 7/27/11 Spoke with Tina Defillipis. She doesn't think SSTS was in the driveway originally. Phone call was cut off (poor cell service). Need to call back. 7/29/11 Called Tina is buck: -.Le rtes$ e..s�r�.- cellPhh.__on€.. _ _ VInternaTmeeting: Robert Morris, P.E. Director of Environmental Health, Mike Budzinski, P.E., Director of Engineering and Joseph S. Paravati, Jr., RE, Assistant Public Health Engineer. - Spoke with Tina Defillipis. All fixtures are regular. No low flow fixtures. Spoke with Dan from Coppola services. He stated that there was actual clear water but couldn't confirm that there may have been septic water mixed in. No report was generated. 9/1/11 Draft report for SSTS repair issued on 2/7/07 by PCDOH for Rob Morris, P.E., Director of Environmental Health to Jennifer Bum arner, County Attorney. 10/4/11 Gene Reed inspected. Upon inspection it was noted that it appears sewage is seeping from one area of the driveway on the downhill side. The owner described the area as the distribution box location. The seepage is running down the edge of the road past the neighbors driveway. 11/17/11 Proposal and contract for corrections to the previous septic repair submitted by Tim Zubradt, President of Arrow Excavating, Inc., Sketch of proposed work included. 3/23/13 Copy of fully executed contract between Putnam County'and Arrow Excavating, Inc., submitted from Law Department to PCDOH. Repair permit (R- 059 -12) signed by Robert Morris, P.E., Director of Environmental Health. 3/27 — 4/4/12 Installation of repair R- 059 -12 by Arrow Excavating. Installation witnessed by Cris Dellaripa of PCDOH. 3/27/12 Inspection by Joseph S. Paravati, Jr., P.E. Two issues have arisen: 1. Footing drains are currently discharging into the septic pump chamber (drain behind the house) and directly to the fields (drain in front of the house). Tim proposes to daylight the footing drains, but the Town Building Inspector, John 'Landi has issue. 2. Ledge encountered during excavation for the new 750 gallon pump chamber (two feet .:.to led "frgx� �tbr� �."Civi:ne'eels:E,�f� T�et fox �t�stalJon: _t�rh pxo�oa � is ,�p�• catch basin to serve as the pump chamber (approximately 300 gallons). Angela Denisco, owner, was given the option to have the ledge hammered out. She discussed with Tim and is ok with the modified catch basin since it is a larger chamber than the current one and concern over the foundation integrity if ledge is hammered out. 3/28/13 Discussion between Joseph S. Paravati Jr., and John Landi and Larry Cobb, Highway Superintendent concerning the footing drain discharge issue. See phone log for details. Discussion between Joseph S. Paravati Jr., P.E. and Robert Morris, P.E. concerning the ledge issue with the pump chamber installation. Rob asked Cris to ask Tim the cost of hammering out the ledge. Tim responded $1,500 a day. Tim was unsure how many days it would take. 3/29/12 Call from Edwin Margenot, 7 Pleasant Road.. He expressed concerns over whether the corrections to the previous repair would keep the sewage off his property. 3/30/12 Inspection of installation on 3/30/12 by Robert Morris, P.E. and Joseph S. Paravati, Jr., P.E. at 10:10 AM (two trenches). - Inspection of installation on 3/30/12 by Robert Morris, P.E., Joseph S. Paravati, Jr., P.E., and Gene Reed Oast trench at 1:15 PM. New Complaint from Angela Denisco, owner — states SSTS is failing again (014- 13 -19) 1/23/13 Called Angela — will again Monday morning to set up time for dye test. 1/28/13 Field visit, dye test done — ML 1/29/13 Field visit, 6 inches of water and dye in basement of house Dye test positive — ML — No dye on surface outside of house. 2/11/13 Meeting on failure — Violation notice sent. 66r;iaiit~`�Iau S is f�uhn andjrunning "onto neighbor's property per Rob Morris —Mitch Lee to inspect site tomorrow — will take pictures. 2/15/13 Field visit; pictures taken. No indication of dye or sewage in septic area. No indication of dye /sewage running onto neighbor's property. — ML 2/21/13 Violation notice resent (originally sent to wrong address) 3/15/13 Tim from Arrow Construction called and said basement wall fixed — failure into basement has stopped. Will re -dye. 3/18/13 Mitch Lee went to re -dye. No one home. 3/28/13 System dye tested. 3/29/13 Field visit - dye tested positive in basement of house. Dye and water seeping from walls of basement. Node in water seeping from retaining wall to left of driveway. 4/3/13 Field visit. No dye in water seeping from retaining wall to left of driveway. However, water smells of septic. MDL 4/4/13 Field visit, took sample of water seepage from retaining wall. Sample tested positive for dye under black light. Marianne Burdick was 2nd witness. 4/8/13 Called Angela, informed her that seepage from retaining wall was septic and that tank had to be pumped. Angela requested call back from Joe P. or Rob M. Angela said she was not going to spend any money to fix problem. 5/1/13 Hearing. Adjournment for one month - No plea. Angela Denisco's lawyer requested a month to try to come up with a solution to the failure. Agreed to by PCDOH (Dr. Beals, Commissioner of Health 5/14/13 Letter from Matthew Noviello, attorney for owners to Robert Morris. 6/5/13 Hearing — No resolution — charges denied. Matthew Noviello, Angela Denisco's lawyer ist charging PCDOH was wrong to allow repair„ in town of P...V...r...ight of way. Ho�yevet, existing .:.._. ...� :.....� :`•�. -. •- - -. :.... _.. .., _.._. . m- syterr� v.•us already- Aglii uf way ° ; uue�cequ� °sting parties to work'towaTds agreement. County's stance is there will be no compromise. No formal hearing date set. Adjourned again for one month. 6/7/13 Meeting (Dr. Beals, Rob Morris and Joe Paravati) to discuss concerns the judge is taking sides and giving advice to Matthew Noviello. Dr. Beals felt we gave them time to resolve and now it's a matter for the legal process. A County attorney representative to be present at next hearing. Meeting: (Rick Carano, Rob Morris and Joe Paravati) Judge informed Rick that we should have an engineer testify at the formal hearing about the number of people living in the house as to the possible cause of failure. (Seven to eight people in a two- bedroom house). Rob was adamantly opposed since that may not be the cause of the failure and we as the PCDOH don't dictate to the number of people living in a house. 6/10/13 Dye test. No apparent surface failure. Appears to be sewage in basement again. Septic odor and black water. 6/11/13 Positive dye in basement (looked through window in door. No one home. Door locked.) Standing water between stone wall and fence along property line between 13 and 7 Pleasant Road. No dye visible, no odor. 6/12/13 Phone call to Angela. Left message. Call back from Angela — Dye is in the basement confirmed by owner). 7/1/13 Hearing scheduled for 7/3/13 postponed by PCDOH (Robert Morris) to 8/7/13 due to PC Law Department needing more time to prepare. Judge had requested a County attorney be present at the July hearing. 7/30/13 Dye test. Slight amount of green dye in basement prior to dye test. yy•p...yni:i�.,.b..s =Crr_tint �.w� � ��eingg,r;: ut °`td °suet iirne'oi' visit. 8/1/13 Dye /sewage not being pumped out to street at time of visit. Dye present in basement, bright green. 8/19/13 Dye still present in basement during field visit. Sump pump present in basement. 8/22/13 Field visit, dye test with red dye. 8/26/13 Field visit with Robert Morris, Director of Env. Health. Red dye present in basement. Owner, Angela, accused Department of harassment due to numerous field visits and dye tests. Owner claimed that Director was going around telling everybody (including PV Building Dept.) that sewage was being pumped into the street. Owner used profanities and instructed the Department not to come back. The Department was no longer allowed on property. Red dye ositive in basement. Owner said "fucking" and called Director "a little bitch ". 9/16/13 Field visit — Photos of basement take. 10/1/13 Field visit — Photos taken, homeowner said walls were cemented and treated with dry lock. Basement dry except for small amount of water in sump pit. No indication of septic leak. 10/2/13 Hearing. Owners pleaded not guilty again. A date was set for a formal hearing on November 6`h at 2 pm at PCDOH. 10/3/13 Phone conversation with Tim Zubradt of Arrow Excavating about excavation of basement. According to Tim, before he fixed the original repair, the basement had been excavated about 4 ". After the repair was completed, the basement excavation was increased to about 12 ". 10/28/13 Field Visit (Mitchell Lee) No SSTS leak, basement dry, sump pump relocated to back side of house basement. 10/29/13 Field Visit — Dye test negative — sump pump dry. 10/30/13 Field Visit — Dye test negative — basement and sump pump dry. 1..x'/3 j'1: ?. Fi.el.d_ Va'�it - DVP tPst.nega ±i : =e .basement and sur p purer i- ; - Final'f eld`visit io dye Test per Director of EHS. 4/10/14 Complaint received — septic being discharged by sump pump in rear of property. 4/17/14 Robert Morris, P.E., Director EHS spoke with Sandra Fusco, Senior Deputy County Attorney — Law Dept. to contact Matthew Noviello, Ms. Denisco's lawyer to inform him complaint was filed and PCDOH needs access to pro2erty. 4/18/14 Sandra Fusco called Matthew Noviello to confirm he was still attorney of record for Ms. Denisco which he affirmed. Ms. Fusco told Mr. Noviello a complaint for septic failure was received by PCDOH and follow -up by inspection of property was needed. Mr. Noviello stated he would contact owners to set u p mutually suitable time. 4/25/14 Phone call from Sandra Fusco to Robert Morris asking whether Mr. Noviello contacted the Health Dept. Mr. Morris, informed her he did not. Ms. Fusco responded that Mr. Noviello has not responded to her request. to contact property owners. Ms. Fusco asked Department for schedule for inspections. Mr. Morris responded any work day between 10:00 am and 4:00 pm. Ms. Fusco said if Mr. Noviello did not contact her by Monday, April 28t.h, She would send a letter out requesting permission to inspect the property. 5/9/14 Letter sent via mail and email to Matthew Noviello, Esq. by Sandra Fusco notifying him that there was no response to the several attempts made by the Law Dept. to schedule an inspection at a time agreeable to the .owners. Inspection would be made by PCDOH on Monday, May 12, 2014 at 10:30 am and owners are to be available to allow PCDOH to enter property. 5/12/14 PCDOH Field Visit by Joseph S. Paravati, Jr., P.E., APHE and Daniel Reis, EHA, at 11:15 am Knocked on door three times and "hello" was called out twice No response Sump 4 - arum ,hose leain hasemez anztkirR c�.s, rf2� 1P,Y3 ire +�.tir; .,»'.'. PstarV a .� r, �l •a:i d4ct " Xi.. _M ... -, nc7t. `• i g. the ro. erty to return to PCDOH. 5/15/14 Letter sent via mail and email to Matthew Noviello, Esq, by Sandra Fusco notifying him that PCDOH was not able to gain -property access on May 12, 2014 as requested. New date to inspect property is May 20th at 11:00 am and further dates of May 21— 23, 2014 and May 26 — 30, 2014 also required to complete inspection/testing. Letter concluded with a warning that court intervention would be required if owners didn't cooperate. 5/20/14 PCDOH Field Visit by Joseph S. Paravati and Daniel Reis at approx.. 11:10 am. Some discussion with owner which lead to Ms. Denisco getting upset. She did not agree to the dye test and requested we not return to her property. 5/28/14 Letter sent via mail and email by Sandra Fusco to Matthew Noviello stating that PCDOH has been unsuccessful in conducting a site inspection/dye test due to lack of cooperation and hostility to the inspectors. Another date for inspection set for June 2, 2014 with a series of follow-up inspections between June P and June 13th excluding weekends). 6/2/14 PCDOH Field Visit by Joseph S. Paravati, Jr. P.E. APHE and Daniel Reis, EHA. Arrival time was 10:10 am. Officer Bradley of PC Sheriff's Department at site. Engaged owner with Officer Bradley present. Initially she agreed to dye test, but wanted to discuss the ongoing septic failure instead of letting us conduct the dye test. She changed her mind and asked us to get off her property. While Officer Bradley was trying to calm her down, we left the site. 6/3/14 PCDOH Field Visit by Gene Reed, Principal Engineering Aide and Daniel Reis, Environmental Health Aide. Arrival time was 10:02 am. Sheriff not present. Waited 30 minutes. Sheriff did not show. Left premises. 6/4/14 PCDOH field visit by Joseph S. Paravati, Jr., P.E. APHE and Gene Reed, PEA. Arrival time was 10:10 am. No sheriff present at time of arrival. Waited approximately 20 minutes. Sheriff never arrived and there didn't appear to be anyone home (one car only in driveway and front door closed). We left premises at 10:40 am. 6/9/14 PCDOH Field Visit by Joseph S. Paravati, Jr., P.E. APHE and Gene Reed, PEA. Arrival time. . 4 ,�1�`iff :S__ t:1Vlac�n r Lid�O ficc B:o d: ey �•n t the ��t�: -� n a G ., us at gad owner hncr after some discussion and usual complaining by the owner, she agreed to the inspection and dye test. Apparent leak in basement. Distinct septic odor in basement. No evidence of failure to the surface. Dye test performed. Re- inspection set for the following day at 10:00 am. Left site at 10:40 am. 6/10/14 PCDOH Field Visit by Joseph S. Paravati Jr., P.E., APHE and Daniel Reis, EHA. Arrival time was 10:20 am. Officer Bradley was present. Owner on front porch. No failure on surface. Positive dye test in basement (green dye stretching from one comer of the basement to the other). Pictures taken. Violation notice to be sent. Departed site at 10:50 am. 6/11/14 Violation notice sent to property owners. 8/4/14 Hearing scheduled for September 3, 2014 at 9:00 am. Hearing notice sent to owners. 9/3/14 Hearing at 9:00 am. 10/1/14 Hearing continued at 9:30 am. 10/6/14 Dye test by Daniel Reis, EHA. 10/8/14 Site inspection — Dye test negative. Another inspection to be made to confirm. 10/10/14 Site inspection. Dye test negative. 11/5/14 Hearing continued at 9:45 am — owner did not appear. 12/3/14 Hearing continued at 9:45 am — concluded. No further issues at property. 1/6/15 Complaint received. Neighbor says'sewage (septic) is being pumped from basement. ;wh4i Aow,;F:ti T °, , ; - HE ' afl& D ,is�� %o >re5 aer:�t tip iedt< iµa y 'testis.. a,; .d� -.per Defillipis answered. She relayed the Department's request to Angela who was present and the response was there was a death in the family and they needed to wait two weeks. 'Mr. Paravati informed them two weeks was too long to wait and the Department needed to schedule the , dye test ASAP. They asked who complained and they were informed that the information was not available to them. They insisted that they were not pumping sewage, there was no sewage in the basement and it had been leaking from the driveway due to an adjustment Tim Zubradt, Arrow Excavating In., made in the distribution box. Ms. Defillippis then stated that the ground was frozen now and the septic system wasn't leaking. Mr. Paravati reiterated the need to dye test and they said the soonest would be next week. 1/21/15 Site inspection by Joseph S. Paravati, Jr., P.E., APHE. Dye test performed. Inspection of driveway and basement. No evidence of any septic failure. There was water in the basement but didn't appear to be sewage. There was no sump pump in the basement. Ms. Defillipis also stated that they have not pumped any water from the basement, but they did pump water from their pool recently. A pit was being excavated to the left of the. existing SSTS (lower area near retaining wall that is along the common property line with 7 Pleasant Road). Ms. Denisco called contractor who dug the pit and he came to the property (Adam Diaz). Mr. Diaz is not licensed to repair septic systems in Putnam County and he was informed he could not continue the work he had started. Ms. Denisco was given a licensed septic system contractor list and PCDOH repair permit. Mr. Diaz was going to install a dry well for the washing machine and shower waste. Property had a dry well for the washing machine and shower waste previously but it was disconnected. Ms. Denisco and Ms. Defillipis were informed that the PCDOH would entertain a repair but we needed to be notified first and a licensed contractor would be required. Will return on 1/23/15 to inspect the dye test results. 12315 Positive dye test (in basement only — no odor). No dye on surface. Dye in hole that was excavated for possible drywell. Contacted Tun Zubradt, Arrow Excavating and left a message. Spoke with Tim Zubradt later in the day and discussed rSpair options with. him.., V26,415 40NLV"; 1/28/15 NOV sent. 2/4915 Spoke with Tim Zubradt. Owner is going to fill in basement with gravel and then slab of concrete. If this doesn't stop the failure to the basement, Tim gave a price of $10,000 — 1$12,000 to instill the Bio 2/18/15 Spoke with Tim Zubradt. Owners are going to have stone installed on basement floor (8 to 10 inches) and all new support columns hopefully by Monday the 23`d. Concrete can't be moved at this time due to cold. Will be done later. Spoke with Tim Zubradt at around 4PM. — Angela said she will be done by tomorrow or Friday. Will call Angela to set up inspection. 2/19/15 Spoke with Angela Denisco — Stone floor will be half completed by Friday afternoon. Will shoot for Monday inspection — stone floor should be completed in basement by then. 2/25/15 Inspection of basement. 8 to 10 inches of grave installed. No evidence of any septic failure (odor or effluent). Basement is dry. Basement is being water proofed. Sump pump permanently removed. No further action required. 4/16/15 Call from Angela. Cement floor installed. Wait a few months to see if any complaints come in. 8/20/15 No complaints since basement floor was installed in April. Complaint abated. .o ALLEN B EALS, M.D., J.D. `. Commissioner of Health ROBE MORRIS, P.E., MPH Director of Environmental Health 'DEPARTMENT (DIF HEALTH 1 Geneva Road, Brewster, New York 10509 Rhone # (845) 808 -1390 Fax # (845)'V8-7921 Matthew Noviello, P.E., L.S. Professional Engineering & Land Surveying 77 Hughson Road Carmel, NY 10512 Dear. Mr. Noviello, MARYEHLLEN O DIELL County Executive September 16, 2013 Re: 13 Pleasant Rd, Lake Peekskill. This Department is in receipt of your letter dated September 13, 2013, together with the Defelippis & Denisco as -built foundation and drainage plan, latest revision date September 12, 2013. • o...... ..... ..._ .,.... o .. .. -,. e n .- aa.�..........- _..... —. ..... -.- .. .. o...o-� .a, _ _ «es --c .. ... .. _ o. .� , w .o c .. -- ac:.. - -... r , �... .....� . -.. ....p, . q In your letter you state that "anything that leaks in the front of the basement will more likely be sewage and therefore should be sent back to the septic system." Please note that the connection of a basement sump pump to a subsurface sewage treatment system (SSTS) is not permissible. Your letter also contains an alternate proposal, i.e., "we will direct the water leaking into the front to the proposed drywell for water leaking in from the rear. " Please also note the Department has confirmed on numerous occasions that currently there is sewage effluent in the basement creating a public health hazard. Therefore, the pumping of groundwater containing sewage effluent into a drywell is not permissible. Please be advised that the New York State Residential Onsite Wastewater Treatment Systems Design Handbook (2012) notes: "Roof, footing, garage, cellar, and surface water drainage must be excluded from household plumbing and discharged away from the system (SSTS). " �10 -e An AW :short: the '-fbm-at"i' contained in.this correspondence. RM/jmg cc: Allen Beals, M.D., J.D Sandra Fusco John Landi Yours truly, h'.140* Robert Morris, PE, MPH Dir. of Environmental Health P•, a.wy pR • T C r. . t ... y. . - .:«..... .�tr sr .��is1r JOHN S. ROMEO, P.C. SUBDIVISIONS, B.O.H.A. JOHN C. HOFFMANN, L.S. TOPOGRAPHY, HOUSE PLANS MATTHEW A. NOVI EL L09 P. E., L. S. IPROIFIESRONAL ENGMERING & BLAND SURRV EYIIl`Ma 77 Hughson Road Carmel, NY 10512 (845) 225 4004 Email Noviello@EngineerNY.com September 13, 2013 Mr. Robert Morris, P.E., Director of Environmental Health PUTNAM COUNTY DEPARTMENT OF HEALTH 1 Geneva Road Brewster, NY 10509 Re: 13 PLEASANT ROAD, LAKE PEEKSKILL (FILED MAP 185 -E, LOTS 237 -244 TAX MAP 83.72 —1- 28 TOWN OF PUTNAM VALLEY P.C.H.D. CASE NO. 035-13-19 STATUS REPORT ear ti, Rather than have any surprises when the Hearing resumes, I would like to share some information with you in the hope that we can come to a sensible conclusion. As you know the basement of the house needs some additional work including waterproofing and installation of a concrete slab with a vapor barrier. I have prepared a plan for this additional work and have submitted it to the Town Building Department. One issue is of concern to the ]Putnam County Health Department is that of the possible ground water penetration under the new floor slab from the front of the house. First, before any floor slab is installed, we will make every attempt to make the concrete block wall, concrete footing and exposed ledge rock as water proof as possible. Vic. �. �ld� .. . 4�'�,'_ 1 .lr .. 1 i iJ 1 1 p . .r ., •... . erst�*�di; through the front wall is during a rainstorm, when the roof gutter along the front of the house leaks. We plan to install a new seamless gutter to solve this problem. Groundwater that may leak in from the right rear (uphill comer of the land) of the house will be captured by a separate system under the proposed concrete floor slab and vapor barrier. I would like to provide a back -up system in case any sewage water leaks past the new water proofing. I suggest that since we will have separated the rain water from the sewage, then anything that leaks in the front of the basement will more likely be sewage and therefore should be sent back to the septic system. If you agree then we will direct the water from the front of the house to the existing septic system pump. If you disagree, then we will direct the water leaking into the front to the proposed drywell for the water leaking in from the rear. The owners are most anxious to begin these repairs. Kindly let me know which the County would prefer within ten days. If you have any other questions, please email or write to me. Sincerely, _. _: ..... o .... Matthew A. Noviello, P.E.,L.S. ecc: Denisco & Defelippis John Landi, P.V. Building Inspector 2 Complaint Information Log # 019 -0849 Complaint Received 1/17/08 Received By Martin, Linda ;cvAia fer6plione Time�Recelved !►'s'si�n$dfif '��g � William' :omplamanx (person maxmg uompiaiml Anonymous FirstED Last MARGENAY Address 7 PLEASANT RD. City LAKE PEEKSKILL State Zip Phone 916404 --0218 rigueu5ource or aompiamx Origin /Source 13 PLEASANT RD. Address ` Phone _ Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is ani Is Complaint - Generai Facility Address Sub -LHU Risk Level No risk assigned -Complaint Nature of Sewage exposure Complaint Needs Investigation Date 1 Complaint Status 9 Resolved Description ActionTaken THEIR SEPTIC FRONT LAWN FIELDS LEAKING ONTO THEIR �J, /11,71 / e - �P c%� /f� ®PSG 7' (SPOKE TO NEIGHBOR - NOTHING HAPPENED) 01 19 G9 ,�o %i•v� >� St�i X .P 'age 1 of 1 yz C olo, /* 2� �� _ Gov /��J �✓ a Date Printed Pnua713,,2008 '� SPc/i — W° f 9v c� �'/9�P �� %1y °�, �r" -06 After Hours Log M Date Received: I Logged By: Person Malting Complaint: First Name: Street: 7 f el Town: A A� State: Origin Of.COMDIRint: First Name: Street: 13 T o w n: kc Complaint 777-77-771.-�-'-. 4 Hom, Received: Received Bv: /Wm. 0 Referred To: Last am N P-: - � s- day -��� �� an' Zip: J&—I—Of --0- � L/j Last Name! State: zip: Phone: ,Nature of Complaint: (Briefly describe) -.0- / d-O -,77"-, 6 XIO"- I L"AIAel Action Taken: AM ca S14ERLITA AMLER, MD, MS, FAAP Commissioner of Health * * LORETTA MOLINARI, RN, MSN ROBERT J. BONDI County Executive - �SSt ?�ZEZtL''1CIRtTtZiSZnEi''•'��Ci icl' Fri.. -7. s c• ::-= .'a'ros «..i :.;> DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Inspection Continuation Sheet /i 5f 2' fnl ilcF. ✓X // / O /O Imo✓ �� G•�» 7`"�c� �'. o r-1 S c✓ ='..ez - s':.1 - 1l - ( cY' �l /% ��.�t� J ��i�''.!' 'a..D �, � � Il .60 - l`• �.5�: _.+' l/ e�°C:.' ... - — /Ud�i° Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Nursing Services (845) 278 -6558 WIC (845) 278 -6678 Fax (845) 278 -6085 Early Intervention/Preschool(845)278 -6014 Fax(845)278 -6648 / ' C.✓ yew? 7wo M 4 [.V .• A. jay r '�•. �/ y� /(� /w �s J - s':.1 - 1l - ( cY' �l /% ��.�t� J ��i�''.!' 'a..D �, � � Il .60 - l`• �.5�: _.+' l/ e�°C:.' ... - — /Ud�i° Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Nursing Services (845) 278 -6558 WIC (845) 278 -6678 Fax (845) 278 -6085 Early Intervention/Preschool(845)278 -6014 Fax(845)278 -6648 / )4-, z- cv/ Zle ecIf A & _f7/ N Ms. Anne Bittner Job Number: 420. 24917 -1 Putnam'County Department of Health Sdg Number. NYS Lab ID #10142 1 Geneva Road Brewster, NY 10509 R Client Sample ID: U Pleasant Dr Lab Sample ID: 420 - 24917 -7 Analyte Method: SM 9222B , Total Colifonn Count Method: SM 9222D I Coliform, Fecal Date Sampled: 02/17/2009 1600 Date Received: 02/18/2009 1545 Client Matrix: Water ResulflQualifier Unit RL RL Dilution Date Analyzed: 02/18/2009 1620 >20000 H CFU /100mL 100 100 100 Date Analyzed: 02/1812009 1620 7600 H CFUHOOmL 100 100 100 r .. � .. ._ � t ..-_•- . _ . o . — - _...... _... ...� -:.. > . .... - ...... - � - . .._._. _ .- _ ..� .. a .. -.. _ _. " .ya.. i 02/23/2009 SuERLrrA AMLER, MD, MS, FAAP Commissioner of Health LORET'T'A MOLINARI, RN, MSN l•y rf -�� ROBERT J. DONDI County Exeouti -_ �I3�i" i�' Ga6i''•�::�.sv''!'T72ca0e"G.r4r ii'%-�Z''lSctrt- .. - �,- '• � '�} ��� -�7��` ;i.." :o'r%w..:.i• c. -. �T- •. -' �..; 1 .. ., .•... ....... '�as r. '7.•: f-1 Coll l3.1'o' $ °�� ��� U6EPARTMENT OF HEAL. 1 Geneva Road, Brewster, New York C?� Inspection Continuation Sheet'. 012 All S !2 ,ice/ / `�/ & 7 T� /dam �id/De �Q� i`9/�`" ' S .rJds r I ✓� �z / S ®S�me7'f�1�® 1� ��lG'�Z` � �/ /� ✓1Y �d/ liter/ !// .bar �1��� �P�� --�% y /L e Jm y � •- n.,.os5� � G'y-F� � . ,/ A / // 62 Q Zo //23 5 ea -,d/ Y6r -n e Envirommental Health (845) 278 -6130 Fax (845) 278 -7921 Nursing Services (845) 278 -6558 WIC (845) 278 -6678 Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 � G SHERLITA AMLER, MD, MS, FAAP a� ROBERT J. BONDI Commissioner of Health * County Executive LORETTA MOLINARI, RN, MSN ^ } °rf SSP7C €L4 ;C0Mm"ner.pfJj h_: w �iai'� _. .��.:;L a_ - •. r r+r°. ..d �.a, a. �- - DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Inspection Continuation Sheet 5' -3C7 e ate- �y /.�� 5%tdl� i`-�s j I /, to, G a it 4kv "o A/ t,% J -* /4 A' 0 1 .LT W 101-77� t0 Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Nursing Services (845) 278 -6558 WIC (845) 278 -6678 Fax (845) 278 -6085 Early Interventiow'Preschool (845) 278 -6014 Fax (845) 278 -6648 C-�/� Complaint Log &Za4-W .4 "Oop Date Remarks # C-�/� &Za4-W .4 "Oop 5 7 Gv��`i ,� `� of� - �� -100 C- I-c-,; Ile II 4r C-7 7�> ol� -11.2 v Ao,.-.d f's A fy j4— 114 er f C-�/� Sheet of PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES w -.. � -w r •r }.:. �, ...`. ., �. .�,• Y • �. "e' ��1r.. ..c. .'._ -�-: iJ•:.. ... 7"� R'. •r w r r tii...�.. .,. ..�.., •. r•..a AIATP-f TPA• Ann 'SC: 1�3 7 � �'�SAN T' f�I2 �I���A✓�l �/v �iLl��f /V' y Street PERSON IN CHARGE Town State Zip Name and T' le TYPE OF FACILITY: f�DSS' Le S'sf-S r11,Ltzr- {)IStWAa4�- FINDINGS- I acknowledge receipt of this report: SIGNATURE: 02/96 Title; Rev. SHE68LITA AMLER, MD. MS, FAAP Commissioner of Health + Associate Commissioner of Health DEPARTMENT OF HEALTH I Geneva Road, Brewster, New York 10509 ROBERT J. BONDI Counry Executive Director of Environmental Health To: From: Fax: � % 75"�j5' Pages: (including cover) Phone: /3 /oag�. - jvd Date: i ❑ Urgent ❑ For Reviews ❑ Please Comment ❑ Please tl epdy ❑ Please Recycle In the event of transmission/reception difficulties, please contact the Environmental Health (EMS) office at (845) 278 -6130. Thank you. TI-te information contained in this facsimile is confidential and is intended ono; for the use of the named addressee. If the reader of this message is not the named addressee or the person responsible to deliver it to the named addressee, you are herein: notified that am use of this, facsimile or its contents, including dissemination or copymc is srrictA, prohibited If vu i.7(Ne received this facsimile in error, please immediate) v notify the Putnam Counni Department ;�';-lealth by telephone at (8 J-5) 178 -6:30 and mail the original facsimile cc us at the above address. We will reimburse your telephone and postage wrpense for doing so. Thank you. www.putttatmcoutuvrty.cam Environmental Health (845) 278 -6130 Fax (845'- 378 -7921 Water Supply Section (8451225-5186 Fax (845) 225 -5418 Nursing Services (845; 278 -6558 Fax (845) 278 -6026 WIC (845,1278-6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /Preschool (84-5) 278 -6014 Fax (845) 278 -6648 SHERLITA AMLER, MD, MS, FAAP Commissioner of Health Ry �LQRETA.MOLIN . RI, RN,�MS�1V. Associate Commissioner of Health ROBERT J. BONDI County Executive s.:._::;�.; .. -.:;.' �: �•:. Rd366Yr .R�'Eit!€�RR6s;•"�- ..;c��r' . •o• .. , Director of Environmental Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 CERTIFIED RETURN RECEIPT REQUESTED Tina DeFillipis Angela Denisco 13 Pleasant Rd. Putnam Valley, NY 10579 PLEASE RETURN CORRESPONDENCE TO: NAME: William Hedges TITLE: Senior Public Health Sanitarian PHONE: (845) 278 -6130 Ext. 2168 DATE: October 31, 2008 OFFICIAL NOTICE OF NON COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Dr. (T) Putnam Valley, TM #83.72 -1 -36 by a representative of this Department on October 30, 2008 It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from. this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. �. _... Iiailure to ur_n t!c tiu k..ininlediatel ears, r c ct s � Ldi - P Za 3 �'.utrther, tl ,orre thi "c,n�tion•by 'o ae b30w�2 03 make you liable for additional penalties provided by law, including prosecution on a charge o committ�n`� a'' violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Veit truly yours, Sherlita Amler, MD Commissioner DfHealth By: William Hedges Senior Public Health Sanitarian WH:hn Enc: Permit Application cc: BI(T)PV MAB Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 SHER1,6TA ANL.Eiit, MD, ISIS, FAME° Commissioner of Health ✓N..= Associate Commissioner of Health ROBERT 0. BONDI County Executtve --._ Director of Environmental Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 CERTEFIED RETURN RECEIPT REQUESTED Tina DeFillipis Angela Denisco 13 Pleasant Rd. Putnam Valley, NY 10579 PLEASE RETURN CORRESPONDENCE TQ NAME: William Kedges TITLE: Senior Public Health Sanitarian PHONE:. (845) 278 -6130 Ext. 2168 DATE: July 8, 2008 2W NOTICE OFFICIAL NOTICE OF NON- COMPIJ ANCE -YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Rd. (T) Putnam Valley, TM #83.72 -1 -36 by a representative of this Department on June 3 and July 7, 2008. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or cbr-Al nb eg e2d g'dispnsal sy��e M, SIR .Aim apply ¢ o>m is sl ed. . Failure to pump the septic tank immediately and further, to correct this condition by ,ul, 5 �lz'�, �: make you liable for additional penalties provided by law, including prosecution .on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, �c iler, Sher lita An , MD Commissioner o e� By: William Hedges Senior Public Health Sanitarian WH:hn ' Enc: Permit Application Environmental health (845) 278 -6130 Fax (845) 278 -7921 cc: BI(T)Putnam ValleyWater Supply section (845) 225 -5186 Fax (845) 225 -5418 MAB pursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing )Home Care Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 SHERLITA AMLER, MD, MS, FAAP Commissioner of Health L.ORE' Associate Commissioner of Health VA ROBERT J. BONDI County Executive Director of Environmental Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 CERTE IED RETURN RECEIPT REQUESTED Tina DeFil ipis Angela Denisco - 13 Pleasant Rd. Putnam Valley, NY 10579 PLEASE RETURN CORRESPONDENCE TO: NAME: William Hedges TITLE: Senior Public Health Sanitarian PHONE: (845) 278 -6130 Ext. 2168 DATE: June 5, 2008 OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Rd. (T) Putnam Valley, TM#83.72 -1 -36 by a representative of this Department on June 3, 2008. It is believed-that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. . Please be advised that'appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed - F & 010—P Uirip -ft-septioranfc' $c y aud`fWlher, fo'coriec°I this conditio you liable for additional penalties provided by law, including prosecution on a ch ttmg a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita Amler, MD Co M1 si , By: William Hedges Senior Public Health Sanitarian WH:Im Ene: Permit Application cc: BI(T)Putnam Valley MAB Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 ®`Complete dams 1; 2, and 3 Also complete` A. (ISture � ' . a 'item4 tf Restncteii Delivery is desin:d � � Agent © Frint youf nail �d address on the reverse O Atldressee . so that We can return the card to YOU., ,B Received by (Punted Name) C 'Date of Dellve j } ® Attach this card to the back of the mallpiece, $� or on the'front tf space perrmts 1. Article Addressed to D is delivery address ddferent from item 1? O •Yes If YES en, prdelivery address below : o Tina DeFill P is i ( .Angela Denisco 13 Pleasant Road j 3: T Service e YP. I I itfied Mall, 0 Express Mail ❑ Registered . ❑ Retum Receipt for Merchandise 0 Insured Mail ; ❑ C:O D 4.. Restricted Delivery? (Extra Fee)._ ___m 2: Article Number ' ' I'' t" 7005 1820, GE03 0640 1065 (Transfer from ser*6 i PS Form 3811, February 2004 Domestic Return Receipj . to2ses o2 tat teao rj ' � _ "�. 3.':3 L'�� :�'.iy'•• a •i? � 'F ;i `.:. Jitir: ,- :a.��..a �. .� 'e �,. .. _.. _ .' '_' . `Ti,. .. ..•, a..' � .!'; �..', :.�a`i✓'•:.. . wit 11 a SHERLUTA AMLER, MD, MS, FAAP Commissioner of Health Associate Commissioner of Health`' DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 ROBERT J. BONDI County Executive Director of Environmental Health CERTIFIED RETURN RECEIPT REOIJESTEID PLEASE RETURN CORRESPONDENCE TO: Tina DeFillipis NAME: William Hedges Angela Denisco TITLE: Senior Public Health Sanitarian 13 Pleasant Road PHONE: (845) 278 -6130 Ext. 2168 Putnam Valley, NY 10579 DATE: February 5, 2008 * SECOND NOTICE OFFICIAI, NOTICE OF NON-COMPLIANCE YOU ARE HEREBY NOTMED that non - compliance with Article III Section 4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at your residence, 13 Pleasant Drive (T) Putnam Valley, TM # 83.72 -1 -36 by a representative of this Department on January 18, 2008, February 4, 2008 and February 5, 2008. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Failure to pump the septic tank immediately and further, to correct this condition, 20Q8; will mare you, for..additional- penalties provided by.?gv,_, igcludinR -pM teed* o ,.Wt.a clam z.�...... -.... - .....__ of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita Amler, MD Commissioner By: William Hedges Senior Public Health Sanitarian WH/kly Enc: Permit Application cc: BI (T) Putnam Valley Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /)Preschool (845) 278 -6014 Fax (845) 278 -6648 Tina M Defelippis of n Ff I- C'f-L P:i iddinci F.rr.Arhrh r.1-d i Piimaiv SHER1LUTA Aldfll.ER, MD, MS, FAAP Commissioner of Health ILQRET_TA Mol. DNARI, RN, MSN A�sacraf�'L'`o►�im$ss�o��i'�iij Vie, � -'� °` DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10569 ROBERT J. BONDI County Executive Drrector oJ`Etrvironmenta! Health CERTIFIED RETURN RECEIPT REQUESTED PLEASE RETURN CORRESPONDENCE TO: Tina DeFillipis NAME: William Hedges Angela Denisco TITLE: Senior Public Health Sanitarian 13 Pleasant Road PHONE: (845) 278 -6130 Ext. 2168 Putnam Valley, NY 10579 DATE: January 18, 2008 OFFICIAL NOTICE OF NON- COMPLIANCE YOU ARE HEREBY NOTED that non - compliance with Article III Section 4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at your residence, 13 Pleasant Drive (T) Putnam Valley, TM # 83.72 -1 -36 by a representative of this Department on January 18, 2008. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. ]Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from thus Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Ya�ULto.l;u ip.0a? se fic:tq fimediarel � afid� surfer,•- correct -u' bco' r iti n- by-Sari� 2008, will make you liable for additional penalties provided by law, including prosecution on a charge' of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita Amler, MD C`o�`SSioneiF th AI By: William Hedges Senior Public Health Sanitarian WHI yPermit ApplicatiorFnvironmental Health (845) 278 -6130 Fax (845) 278 -7921 BI (T) Putnam Y Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 s vices (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention/Preschool(845)278 -6014 Fax(845)278 -61648 Enc: l� DIVISION OF ENVIRONMENTAL HEALTH SERVICES 0E-1�}JC�iiHia ..� ...., : COMMISSIONER'S IN THE MATTER OF THE COMPLAINT AGAINST, ORDER FOR ACTION ANGELA DENISCO & TINA DEFELIPPIS Respondent(s), Case No. 035 -13 -19 OW Arising out of the Alleged violations of the Public Health Law of PREMISES: the State of New York, the Sanitary Code of the State of New 13 Pleasant Road York, the Sanitary Code of the County of Putnam, and Putnam Valley, NY 10579 Administrative Rules, Regulations and Standards Promulgated TM 83.72 -1 -36 Pursuant Thereto. TO: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 I, Dr. Allen Beals, Commissioner of Health, Putnam County Health Department, State of New York, under the Public Health Law of the State of New York, Sanitary Codes of the State of New York and County of Putnam, after investigation, find that violations of the Sanitary Code of the State of New York existed on: • January 29, 2013, • March 28, 2013, • March 29, 2013, o June 11, 2013 u August 1, 2013 • August 19, 2013 • August 26, 2013 and continuing to date as constitutes an existing imminent imperilment to the health and safety of the people of the County of Putnam, State of New York, and that is also constitutes a nuisance affecting the health of the people of the County of Putnam and State of New York. I, therefore, find that there exists an imminent public health hazard particularly to the occupants and surrounding occupants of the premises located at 13 Pleasant Road, Lake Peekskill, NY and that you are in violation of Article 3, Sections 3.2(I) and 3.4 of the Putnam County Sanitary Code and therefore, pursuant to my powers as Commissioner of Health, Putnam County Health Department. 1. YOU ARE HEREBY ORDERED to immediately correct and abate the conditions existing at the premises located at 13 Pleasant Road, Lake Peekskill, NY, and 2. THE APPROPRIATE STEPS MUST BE TAKEN immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system and r' e 3. PLEASE TAKE NOTICE, THAT CIVIL PENALTIES up to $500.00 for each violation may be assessed against 4. PLEASE TAKE FURTHER NOTICE, that each day of continuing violation, from the date of this Order, shall constitute a separate and distinct violation. PLEASE BE ADVISED, that failure to comply with this Order immediately may subject you to civil and or criminal penalties. DATED: September 13, 2013 Brewster, NY 10509 Order for Action - COH Dr. Allen Beals, Commissioner"T He,, Putnam County Department of Health V fY 1 .8 P � Cs 1 .S �r! 9 �Y! P. xe� t r r Q {! °9 saa� SIj - r p v P ^, - r� . r r z ;�.� ..may _, �;.r,'�J�.•; ' � '.N�..,... zA t tom: � . r � r• ,.. �, V y 1 Ilk Yx•�s .' ti Y,r 4 roy r� dw i his.:; � '•�'� Y�yb��i £ ��.: `�. y'� "4N' 2 } +�` -..kr t T , v+V< M "�'�.Y�.'�•��ps� 3 r`•e i�ti...`` �y`�^"s '. ' r t ;.'. _ Fti �ir�"_,�. $/�t1 � c� �4 �ISf . � 5' f '�� y# 'i i� 4-�:� �i,t`,'a.. s• +t 2 r -, ' 41r T�'''j -.,. i ��.'6�P�,3 ^�^ r � Y - ::i Y� '*`jam .�•- �' ��'�.,��« "� � { �. E t tit I f; fip j; — At 9� �k� 3 ark ' � � •�� e�ey,.�,j �� �1a ?1� - .s" eta$ v�4..r;'� •".ray.:e �k r f•a _ —� � yam, i •� , n 1 - - ry � ai g�N 'ti v '�'•y'f' �E��,.6e v .r'�' Y �.• �"' i i' t at �? ..: �x�:�.2�'h�t.71 %'a'xo-S^-dfi -a�:i .1.: 'd •C�.,.k._ ...a:' � _ . `•�u�7 >. `�� . . �. x. .. - o -Vic- V0. rs iX ice. � 3eti� E 1J hin It" Iv- a3 5 W �{• d F F, , A-� a<t� x_1 iV S s' Ar 4 t e s r v' c qty- .y Ys "l a T #- ),r ;`a 3t i y tt ZNx �y d n t 'q79� y NY„r p \, ". i PIN IN CONC ' Ct STOCKADE FENCE NC .. .A60.W 100 FT i y \ 4i • \� W .3 icy / \ LEDGE :I t NC EA t FRAME%1,(FfWUNG j C.L = 0. +1- CRE ! jo 35 ❑ +�ml .. C. '464 m y \t I ) `J^ — 1- 1FRRY.yci'Ati, /� /• \ t H �,' �� / \ f I —'" — —" �/ 0 , ..i,•: -� /' 13.6T 4F LE E j•' R _ _ CpyE��p U JSI1: X2.73' PORCH •S +� \! \\ it i r. 45.9 FT j ^� LOCATION OF P.C.H.D. / ARROW EXEC,AV. SEPTIC SYSTEM PER SKETCH 04-03�2,T 2 P.C.H.D. /ARROW EXCAVATING INC. SYSTEM CONCERNS: d EDGE I FPA ENT yi t r 1. SYSTEM HAS FAILED TO CONTAIN SEWAGE BELOW GROUND. 1.; POLE z \ 2. SYSTEM IS NOT CONTAINED WITHIN PRIVATE PROPERTY LINES. 3. ROOF DRAIN IS DIRECTED TO SEPTIC FIELD AREA. ; V-P e�_E.l _ ; ,. ';44 ? 4, CURTAIN DRAIN IS DIRECTED TO SEPTIC FIELD AREA. / 5. ROAD DRAINAGE IS NOT ADEQUATELY DIVERTED FROM SEPTIC FIELD AREA. 6. ENTIRE UPLAND DRAINS TO SEPTIC FIELD AREA. rt ! 1 POLE 6 =` 50 FT 42 "' f � :, , RAME DWELLING tt, �•I, sxjy�. W co -CD _ FIN INCONC qT()CKAnF FENCE 160.W 100 FT 0 L FRAME DWI�LLING g m m , Zi 0 ml A LOCATION OF P.C.H.D. /ARROW EXECAV. SEPTIC SYSTEM PER SKETCH 04-03-2012 P.Clt.D. ARROW EXCAVATING INC. SYSTEM CONCERNS: 1. SYSTQ1, HAS FAILED TO CONTAIN SEWAGE BELOW GROUND. 2. SYSTE IS NOT CONTAINED WITHIN PRIVATE PROPERTY LINES. 3. ROOF. {.'RAIN IS DIRECTED TO SEPTIC FIELD AREA. 4. CURTN-jN DRAIN IS DIRECTED TO SEPTIC FIELD AREA. 5. ROAD (3RAINAGE IS NOT ADEQUATELY DIVERTED FROM SEPTIC FIELD AREA. 6. ENTIRE UPLAND DRAINS TO SEPTIC FIELD AREA. fj POLE 2 1, Q C. H 13.67 81 LEDGE EA = -S =0. 5 CRE LE E 45.9 FT P® PA 42 W FRAME DWELLING FT �.P- File ,Edit • ;View Toolbar Window 'Help Defelrppis Trna M r Roll Year: -��� ;� Assessmept•, ' ' -Spec Dist( Description SW bwner(s) -M `Images $ 2' ;Pis 'Site-;(t,) Res, RM Land(s] . Bldg Imprvint(s) h .Valuation- 1 Sale12l17/04 Bldg Valuat oM `Sale01l23l031 im Yalley Actwe WS- 1 School Putnam Valley be f�lestzYr �1 Famrly Res` Land,4V 70,700 t " Address Bank a Total' 2 Qwners_ Ta a en click'the a ro• riate tow _ Ri ht Click t6 Add r pp . Angela Ddms -co 0`wner Typis AddiEional °, Desig Status. ' `•,' .� F to *? ''.�. 't' .h$ T r aF Last Name! Company Fast N ome ;MI Jr:` Sr , etc: Delelippis i`Tina M Attention To Mn Care'Of. _ - r " , , ,4 lditxuwl Address. . Street- -No Prefix Dn:; Street 'Rural Route g'. St,Suffix, , ;Post Dir: UmtN`ome Unit No'- 26-26. 1 14th 4 ' ' I St Po Box No. "CtylTown: t a }State Zip Code Enatom NY 11102 f ' fiy ante lnot USA Bar Cd Cwnershi a gLife Use: 'Owner, ype _ P- Primaiv t r � •S ate [1 j R - - i �I 1-and( n w a r .. _ ...M Bldg � Y 1 o .Yaluat SAO 12A V01 k y -Site (1 pR - , . k � :3 a� F Imps na Valuit _ l � f R q R 4 t YaP YN * a C1 F w a e , �Y e. i ��+� t ht � :b xk .� •e ., .. � 6 -.t •s "v w,. .� •ta �. k a �, S7 x x 'v. 4 y ;.. a ,. 4� R ( ;y k' 4 0. 41--, -� Ila -- fit Prints, the screen ALLEN BEALS, M.D.; J.D. Commissioner': of Health It�F�:1Ct`ll` T(D�; i., Director of Environmental Health MARYELILEN ME' County Executive- . DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Phone* (845) 808 -1390 Fax # (845) 278 -7921 CERTIIUD RETURNRECEIPT REQUESTED - PLEASE REFER CORRESPONDENCE TO: � Angela Denisco & Tina Defillipis NAME: Joseph S. Paravati, Jr., P.E. 13 Pleasant Road TITLE: Assistant,Public Health Engineer Lake.Peekskill, NY 1053.7. PHONE: (8,45).808- 13,Q0:.ext. 4157,- .:._..,.,:...,,. _. DATE: January 26, 20.15 L OFFICIAL, NOTICE OF NON - COM[P]LIANCE YOU ARE HEREBY NOTU EID that non- co with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground in the basement and to the atmosphere was found at 13 Pleasant. Road, (T) Putnam Valley, TM 83.72 -1 -36 by a representative of this Department on January 23, 2015. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the.inspector indicated above. Please be advised that appropriate steps, must be taken immediately in order that the sewage overflow cease.by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system: Approval .of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of :.a..�_..- ._...._,. v.. exnsting.ads An- agl9eaon,is enclosed. Failure to pump the septic tank immediately and further, to correct this condition by February 23, 2015 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by.a fine or imprisonment, -oi both such fine and, imprisonment; as prescribed by law, in addition to such other actions as may be. prescribed. A re- inspection will be made. ` It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this - condition: - For the Commissioner of Health Very truly yours, Allen Beals, M.D., J.D. Co 'ssioner of Health G.�G�2'lwh By: Joseph S. Paravati Jr., P.E. Assistant Public Health Engineer JSP:cml Enc: Permit Application cc: BI (T) Putnam Valley MAB MJB RM Putnam County Department of Health Complaint orm ��Po� A-YA -__Complaint #:� - �s-v. ra', r.R"n'...,..y,..• ':ice: , Time Received: (after hours only) Time Ended: (after hours only) Total Time: (after hours only) Date Receive ogged B How Received 'Received By Referred To $zeei1 J�bf 49A vAT) ' Person Makin mpla' First Name: Last Name: Dewoc-, Street: ��S'�c0/ city: State: Zip: r Contact Phone: ( rf ) � ` - ZA'fly Email: Origin of Complaint: First Name: Street: L ast Name: !✓ /`�� 5l� City: �cfl AAA 6/ /kLjj ^'7 State: _Zip:, 'hone: ( Email: n. .., . , o.- .7 � - .. ., =o,.. .,. � .... ... _ � o -.... .-� •v »c.� ».ca,. .�...,. . .� ... ... .w a. � ti.. - .ea.:.., -. .,_ __• -..,.. e_.. ._.._.. .c+. yr ..m »�.w'••..R Tax Map # Facility Code: Nature of Complaint: (briefly describe) h!� 419OL2= ,Q Action Taken: jmg 11/24/14 &� % h/1p n I n f dy — ]� < Putnam County Department ®f Health J5P C ®nzplalnt ®gym nn .Q/FF ��o� /� L f 11.1�_a�1�.: Time Received: (after hours only) Time Ended: (after hours only) Total Time: (after hours only) Date Received Logged By. How Received Received By Referred To 1 Person Makin - mplai ° First Name: Last Name: Street: C?/IV City: State: Contact Phone: Zo Ifr Email: Origin of Complaint: First Name. Street: c Zip: Last Name: Ij/ /j/ sly City: T c State: /1.1 Zip: Tax Map # Facility Code: Nature of (Complaint: (briefly describe) A *QOOIZ-- 1 Acton Taken: jmg 11/24/14 ALLEN BEALS, M.D., J.D. Commissioner of Health =1' rs-_ Director ofErivironmental Health DEPARTMENT MARYELLEN ODELL County Executive OF HEALTH Geneva Road, Brewster, New York 10509 Phone # (845) 808 -1390 Fax # (845) 278 -7921 CERTIFIED RETURN RECEIPT REQUESTED PLEASE REFER CORRESPONDENCE TO: Angela Denisco & Tina Defilippis NAME: Joseph S. Paravati, Jr., P.E. 13 Pleasant Road TITLE: Assistant Public Health Engineer Lake Peekskill, NY 10537 PHONE: (845) 808 -1390 ext. 43157 DATE: June 11, 2014 OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground in the basement and to the atmosphere was found at 13 Pleasant Road, (T) Putnam Valley, TM 83.72 -1 -36 by a representative of this Department on June 10, 2014. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Failure to pump the septic tank immediately and further, to correct this condition by July 11, 2014 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Commissioner of Health Very truly yours, Allen Beals, M.D., J.D. Comrp' sioner of h 2 By: _Toseph S. Paravati Jr., PT. Assistant Public Health Engineer JSP:cml Enc: Permit Application cc: BI (T) Putnam Valley MAB ' OW. ALLEN BEA S, 1V' D.9 J.D. Commissioner ofRealth Director of Environmental Health County Executive . - .�w.fP^'�, -.:r� :.i^!. a -•.d. • -s -.a. r ut� ,.v .r.. , ., s. -'I 1 (Geneva Road, Brewster, New York 10509 Phone # (845) 808 -1390 Fax # (845) 278 -7921 CERTURD RETURN RECEEPT REQUESTED PLEASE R EFIER CORRESPONDENCE TO: Angela Denisco & Tina Defilippis NAME: Joseph S. Paravati, Jr., P.E. 13 Pleasant Road TITLE: Assistant Public Health Engineer Lake Peekskill, IVY 10537 PHONE: (845) 808 -1390 ext. 43157 DATE: June 11, 2014 2FFICUL NOTICE OIF NQN -C®I 0LL4 `YCIE YOU ARE HEREBY NOTIMB that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground in the basement and to the atmosphere was found at 13 ]Pleasant Road, (3) Putnam Valley, IM 83.72 -1 -36 by a representative of this Department on June 10, 2014. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. ApprovaR of proposed repalm must be obtained from this IIDepart®mept prior to any alteradon or reba ndaamg of existing disposal systems. Aug appkatlon is enclosed. Failure to pump the septic_ tank immediately and further, to correct this condition by July 11, 2014 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a ire or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. JSP:cml Eric: Permit Application cc: BI (T) Putnam `Talley MAB MIB For the Commissioner of Health Very truly yours, Allen Beals, M.D., J.D. Co mb' stoner of By: osepfi S. l dvati Jr., P -.E. Assistant Public Health Engineer ALLEN BEALS, M.D., J.D. Commissioner of Health ROBERT MORRIS, P.E., MPH Director of Environmental Health DEPARTMENT OF HEALTH MARYELLEN ODELL County Executive 1 Geneva Road, Brewster, New York 10509 Phone # (845) 808 -1390 Fax # (845) 278 -7921 CERTIFIED RETURN RECEIPT REQUESTED PLEASE REFER CORRESPONDENCE TO: Angela Denisco & Tina Defilippis NAME: Joseph S. Paravati, Jr., P.E. 13 Pleasant Road TITLE: Assistant Public Health Engineer Lake Peekskill, NY 10537 PHONE: (845) 808 -1390 ext. 43157 DATE: June 11, 2014 OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground in the basement and to the atmosphere was found at 13 Pleasant Road, (T) Putnam Valley, TM 83.72 -1 -36 by a representative of this Department on June 10, 2014. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application_ is..enclosed. _ Failure to pump the septic tank immediately and further, to correct this condition by July 11, 2014 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Commissioner of Health Very truly yours, Allen Beals, M.D., J.D. Comm'i sioner of h ^ By: Joseph S. Paravati Jr., P.E. Assistant Public Health Engineer JSP:cml Enc: Permit Application cc: BI (T) Putnam Valley MAB MJB Shcet of ,1PI��A - - _ DIVISION OF ENVIRONMENTAL, HEALTH SERVICES FIELD ACTIVITY REPORT M IutE: Aq e-le, De SGo Tel: AMRPC.qa I P1 -- -5,-�4" flot Pz,fns V-IIe y N9 IcS3 7 Street Town State Zip PERSON IN CHARGE M TNTPR VTP1NPTi: /q V1 ti Name and Title TYPE OF FACILITY : 4-W / Ss 7--S FINDINGS: J9,,A-nh4 iE/Mr1 n�f 11�r0//�d� y ✓c S /t ✓a �1 � a7 �i2 ih�+ se���K. dF ,YS,�errt cxc( �lC�r�K� /Lcl. Gue u e�� /� Gt'oa tivtc�i i�2 �O(�oWea( eJS fT+ jr`�e . (i1/�. Drr. -ITeG� t�t F e cl✓rLew�y_ yelp- f%ft�r3C� c,-"C XoHt4- ule �Dol�e�( G--� � G�y�lti.t.•ik.tu Lwvl e�dal� Gt_rntd SGtcu /Lo •ellr,C.QNIe ,o�dt/2 of 3e�yl'� ,p�uev,�: p-(-Y'1�IClG. SGa i(�t � S G• i � •n . �? e S �v. -e�-7 . Sit? sa . i : 7t-�s.^ % �r� s c_ f h r� 4o,--h • a o n { oi✓! dew y a•zc ! ro add_ (Ale yreel du.e - (l 9�' .. _ . (nee rho /r l CiTU/L° S 2'- '�J.rI�,C ri 40 VC.W 04- Clh ,� D41,t (✓G-i �iylClCW 7i"t f.�/z �r.c✓a -y hU'T �Y�Pvt L. -�U-c- r J ��iJ wry J c,,,a •rJ/Yr'�- �v'�s 12� 1�4C_� A,-,- e ��CI�[C� �b�l��' (/itO1c 77J7 N °l� /G2 ItAVG� K!c A;,A �orwvl�r Nt!/ yi�t T�� _leT �DSC�GtIn,rJ7 07 . ACS / �jgt h �rSC✓SS D °r^S �?✓ `t'Y— e �5 7Y� � SL � ���u v� ,��i e � S' `re o� , •�-- S Ci e ��v(c./ W�✓�- c/.�i � 7�e �! b �t. fz'v., vt o ii� e w, ,-. ve � c..�� ar, Cwl/ u-S soon a.sesss-)hCe _ T-7�uxe -, f�s ik 4e �yv 6C2 wi r~�fi c f Late /ui A r� 7 /o �r it �ti r �y / I M iL�° r� r�,flGt.GC �'J N'i' y CJIt�.GA7 J"t (,Q "1 eGU/�:'2✓ �1 (rdou� to "& M, e .t!�-ell wkS ' 40 1ge,4" 1-6kc In '(eeI4k AW. d (T L6 I acknowledge receipt of this report: SIGNATURE: 02/96 Rev. Sheet 1 0f °— .._,-_..-_.gUTNAM. COUNTY DEPARTMENT OF HEALTH; FIELD ACTIVITY REPORT S AnnRIESR: P�� 5 �o S--?'7 Street Town State Zip' PERSON IN CHARGE OR TMTPRVTPWpn.- 1114( Name and Title TYPE OF FACILITY : rn e t s STS She FINDINGS: Wollied gAou /-- /LA2.&,' A—S e- conde-w wed e!%C) ALO (,Ve s� 54 - f,d c,,mg'" I a,,-4 S-h ,-,,,s annL/-' c Se-, , &66ac 3 o1h e ro r2lr,i vto LA rteug c/,, oice &W« ,2.d 1t4jrd 5 A CL11(J— �0 Id AP-1- it' 1-e W,4,o3 A, d15COS-5- c,,Ltu( cu.Jt -kl-e o*2.P- c,4r-ee Ac inSo—ecLn ,L,,cX d9c4bl, LL Aape.,,,-T to (,-L I,*,. is 6 L-6 - 4e 4 sea, enl-, AP-2miv,: S 002e^O-d fk dabr- Sk Oroa VS- Irk" Otte- d is �i6o4iok, box akid --s now -rvy-Aciuf 6VVLA'd �4p- I acknowledge receipt of this report: SIGNATURE: 02/96 Rev. GI d Loqkwa(A 9d, gcooeH ---d eh'e--- We 14402e,i and *y A, Uc&t* Oui bk Cams f 4,a 2L4e ac—or-e—ded A, ,s Wt. 46,4e) I,/% A e- r(o g d c'A W A, Lvs I Ord fk Le drigtc.�f accem.g,, J-ec( us 7, dcsp,-- 596 e4l" /3 rA &,a Vn o C,NZd to -Me, door-, � e olo I s 5 u4 We- um " 4zx you Al v leu -He-0 . 4e, Cow e 4o 4- 1,j,112 &A IM ike S eaon.glo--Ked M cAl f C4 sly A ,M1 -14-e S� (A,-s Ion 5/e 15;,,,A 5/v j - 'vs w,,,.A /,,— Wollied gAou /-- /LA2.&,' A—S e- conde-w wed e!%C) ALO (,Ve s� 54 - f,d c,,mg'" I a,,-4 S-h ,-,,,s annL/-' c Se-, , &66ac 3 o1h e ro r2lr,i vto LA rteug c/,, oice &W« ,2.d 1t4jrd 5 A CL11(J— �0 Id AP-1- it' 1-e W,4,o3 A, d15COS-5- c,,Ltu( cu.Jt -kl-e o*2.P- c,4r-ee Ac inSo—ecLn ,L,,cX d9c4bl, LL Aape.,,,-T to (,-L I,*,. is 6 L-6 - 4e 4 sea, enl-, AP-2miv,: S 002e^O-d fk dabr- Sk Oroa VS- Irk" Otte- d is �i6o4iok, box akid --s now -rvy-Aciuf 6VVLA'd �4p- I acknowledge receipt of this report: SIGNATURE: 02/96 Rev. Sheet o`2 of 1PIITNAM CO y Mr— AR7CMENT O F,1`3[lEA DIVIS10001E ]E 1VIR®NMENTAL HEALTH SERVICES FIELD ACTIVITY REPORT NAME:ngela f�{�I SCo TPi: ADDRESS*. l3 Pl ems --F f d ve-aej IV y IOS-3 7 Street Town State Zip PERSON IN CHARGE OR TNTFRVTFWRD-. Name and Title TYPE OF FACILITY: S'i ✓zle S�e,ef a mf FINDINGS: t—pid of 4-Ar ���`vewa�j,i�re W- w,tAA W^e ro ad of f"'e &'-0 'H-e in"'�to- {- y1i���e�✓Gc� aL��1 pLe�.sc.�� 11 tye- looked e-14 ,Sww �o evi'p"ce or ?7.ly�e df -' y rn D /ec ova. e P� G1 -(Ae due (2ST, �/� e-t'lu5{ ed - /Ae- howl -4r"eP Imes- To eveS�rc fHe doe was GL� SC �. 2 y J 44vou�l, He sL6c S s� . l� ei� Gt/u5 o'wcev'vt' -d ��� we co"'LP6 �C.) i'Ae du'- -Fes I'- ' �G u4- 'r, 0� 1,iYoih no Tice , si*p- {K/Lows 4-h d( e `s 4, Id Ae.- tc 4k,e !/%2 c- we5- cry 6Jos�ive k,�,O 4� UeS Skc /oe e- ce('v.lgy t L,,-e!2 nc5 jYC2. C-� 6 e- CGwf e SGT 5,,'d 4�,•@.(•t s tL c-�a 4L,-v 'ice /gA y ail d 50 ehµ nt J.°C VAh o .n ar C^A 1 i �T 5 f- l ham- fli " fi f{.e dC - a a•�, o � w 5� SuhsAV ��1lspee�'o�s, ,��1� fcs �� fS gsrllve 91-e -aoq Call --he m -Mc•e 4P601) —d (f(,CCJSS T e S ell L �jc s r�scJ/�s c�+Gl�ooss; 6(� �d�J7'i'cs/�rS. L 7�llGt 11e.�( ey-e I- L' 6e ho 10 L � 1�c�SS•'�n o� S� ✓7�i19=� S 7- dai _ l7tiV�uiol Le orne J e %tie Gt�rctd c,✓l� h �o 4 (O A/''i•J (�Q o �G@'S �lS/I�ri 'T �� RQrC��i %2 Avec/ �(l,� o[✓i % y(;c�N't 7Lt,`r�� ie1�.1u (ae [�ieCeSSGt✓<f [�iuT TG,Gf" �/ydlc! Girs6ofS A, Ci{• %%c��p�6f/lomr SAP. E �i2G�of -�ry� �/r'�m.evr��.l (�e�l -l-� f,.,l�e� Z �- fu•��r/l �a � a �'Ge . _._____ acknowledge receipt of this report SIGNATURE: 02/96 Title; Rev, Shcct of PUTNAM COUNTY DEPARTMENT OF HEALTH _ HE*LTH-Si'. FIELD ACTIVITY REPORT NA ! lctr <Go TPI• AnnRFCR: 13 /V 0 10537 Street Town State Zip PERSON IN CHARGE Name and Title TYPE OF FACILITY: 17L i �, �( S S T5 — 5"41& F '(H 11onl e. FINDINGS: Gene Aed, PEA r G &Z- IA,-nvt jai- 4-Ae 5��� af-�pprox uFe <� �o'ro/fy1 fvrncC4 &ruu "d ay,� dw-6 fie /c�� c�lon� c,'ole y-�ie Gi n V-CA/& ti 9,f- � 4,0 cls e G �,(� acc�f l3 P(u, s c h� l P(cw5 2 d� U�Ovv am ✓w 1, fh erc G/c-S No Oe ;4'S perTmc.�' 2Pe. I +�Gti c�E (S� .Zo %►<<Zw{�S G•r+v� Glrrs�e riicwn e r^oaot 4z, Gl/ e r45 eh da e*eefs %:j(ewy1de. We- ,oar-ked Aod W��i �✓ -} Sber�- tke. ! . /o : K0 we leff- fie tirr.a. _l K She��'�� i'ep✓t5 tv� fi-�+� e neye✓ct,�'�ve<.� , c� c i5 o c.�Jpea. -eo( is n o one W4-S `i o rH e ek4 13 i�l e,� i2rt. rh2re c.,e�.t /?o OHe on� � OZ �ex-e r,✓r�s' �O!/!1u �nP /-G✓ !M �2 /o and Title /FPM I acknowledge receipt of this report: SIGNATURE: 02/96 Rev. Title: Sheet of -- 1PUTNAM COUNT' DEPARTMENT- OF :HE�,,T-IT .: :�— - '� DIVISION UP 1 KVIRURMIE*N'T' AL HFALTII SERVICES�'� FIELD ACTIVITY REPORT' Street Town State Zip PERSON IN CHARGE nR TNTFRVTFWFTI: ©Lvxyuc - . age- la J�>eKisc,n narP: W-,UAe, 3. 201 Name and Title TYPE OF FACILITY: owl r i< L ' ► f % i . , AN i Signature and Title PVV04,;*�t iEW)�`K��e1��g Ards RFPORT RFC'FTVETI RY- I acknowledge receipt of this report: SIGNATURE: 02/96 Title: Rev. J•ti PUTNAM COUNTY hect of NTY�DE) — RTMENT OF �i�:4 �'kj DIVISTO ur N RONWRTAL IEALTH SERVICES FIELD ACTIVITY REPORT 1 *5 pleAsa;, Street PERSON IN CHARGE co Town 1�e -�i' QE61`Sto oc,�t;�e� NV � State )a7 Zip Co % /(Y Name and Title TYPE OF FACILITY: FINDINGS: 06,,vi4 /2¢/ s ,EH� oad G�rn. reel of E%. i 7�e a% /0, [o w" n dl—1 S6dP- Ae 5Aer"*s C -r- &.q K,ke,( a.iJS Were 4he- ,-4e e `iY� L< :ate 4 kec( Lam; �s�reci US �T Lu2 Lv'P3''� �ia� &-d We -/o Lr( l of /, e- vIlo a S e- d. or. 2✓ 11-' L, 'vi 5��- c'hI -n vi J{',Q Ski rri c� (.ver2 a � read 4 on ^N o o rr,�z�� -1 z 'l�� Q ✓� 1 OroGe'elzt -p( 4o +r� ��' e x4Iii a i yirfpCn "^I h //o,,�. T le lut heK S -A e o� a sePhc i s S �e c�us here w, G, rtinh �o rho G� G( � �S7" cr, ,uv 2ct'ioin p e a Lou( ({r5C ✓5i' -Ae oh9o,h�, �Pn'{�c lSSJQ She 1.1, -,d o /yic ,,it /dy�C`(o� iaiG.�I�erNe�� j She r nau cave w(y✓ l/L�ealiaing 'Jcv� Zulo:��lf, irrow E1�6s�ywl�'n°1 / *Q'e�l '10 AigLke ovnrd A (vl Tile- �l$ rlb 471N t�O�C (9L /F IN$ � Or 57 D, ,� 4 TKe GLIG. ?h�Gnjiq p[� SPYhehT fL� V �(�%� L✓�l• C�"i`Lj e r 7� l Id he-- 4k-, " "I's (Ie11 6,d (,� oo� �7:�_r 1lnG.'r C.�G A N We fAlP2 and Title I acknowledge receipt of this report: SIGNATURE; 02/96 Title: Rev. A-M6 r Sheet of IPUTNAM COUNTY DEPARTMENT OF HEALTH :; 1t7ag' IiS�fl�Di'� 'b� ENe ARONMEN'A'tUIL`MEALTH— ERVg ES : � FIELD ACTIVITY REPORT NA hrl 1l_- De4li5c0 Tel; AT)nRFCR; j 3 �le-Scf+ i2oi Pufnvw I%LLe� Street Town State Zip PERSON IN CHARGE c- op-Af 5 C o .a � I q Name and Title TYPE OF FACILITY: &s,V�MJ S STS FINDINGS: 40- � ot±jv<yli issue. S'he -Aev, 5A;o�t She wk we wootko+ oL<xuss 4-,g 6Sve and W�cj we Could Come here �� wtw WA -e.1 v <40eac.d l e. wwA aya.y c sktd her Co,,, we do 4-L ;r sbe 'oh ar - -/D la l, " 4CA ti K LQ_ G� fnG (N e S0.:'rr{ 90_ f o a CGi 6�l. dL�G e 1;'n -C OA7-Ze -r 6 %,d (r-W CC16% 6"v d -4 ture and Title I acknowledge receipt of this report 02/96 Rev. lq-PffC SIGNATURE: Title: JENNIFER S. BUMGARNER County Attorney ANDREW W. NEGRO First Deputy County Attorney .: ti�_• : ;mot;,. �._ .. 4711 ADRIENNE L. SPADACCINI .Senior Deputy County Attorney For Risk and Compliance DEPARTMENT OF LAW SENT VIA MAIL AND EMAIL Matthew64MatthewNoviello.com Matthew A. Noviello, Esq. Noviello & Noviello, Esqs. 77 Hughson Road Carmel, New York 10512 Dear Mr. Noviello: SANDRA M. FUSCO Senior Deputy County Attorney DANIEL P. HARVEY Deputy County Attorney JOHN O'CONNOR .Safety Officer May 28, 2014 RE: Denisco/DeFelippis Premises: 13 Pleasant Road, Putnam Valley, NY In connection with a complaint filed recently with the Health Department, various attempts by County Health Department inspectors to schedule, conduct and complete inspection/dye- testing at your clients' above - referenced premises have been ignored, met with adversity by your clients and, in sum, unsuccessful. In fact, despite various notices given to your clients (see copies attached),' the Health Department inspectors have been unable to complete the necessary inspection/dye- testing at the above premises. PLEASE TAKE NOTICE that Health Department inspectors will be conducting an inspection and testing of the above - referenced premises on June 2, 2014 at 10:00 am. On such date /time, the Health Department inspectors will need access to the premises, including the basement area, in order. to conduct a visual inspection and perform a dye. test.-. The Health Department inspectors will - thereafter require - access" t6' the premises on - severaa - consecutive days, namely, June 3, 2014 through June 13, 2014 (excluding weekends) at 10:00 am each day, unless your clients are advised otherwise by said inspectors. The foregoing inspection/testing is authorized pursuant to the statutory powers granted to the Commissioner of Health and in furtherance of maintaining the public's health, safety and welfare. Ve truly yours, aandra M. Fusco cc: Allen Beals /Commissioner of Health Jennifer S. Bumgarner /County Atto�ney Robert Morris/Health Department J Rick Carano/Health Department 1 Upon information and belief, homeowner Angela Denisco indicated she was unaware the Health Department was scheduled to conduct any inspection of the premises as set forth in the May 15, 2014 notice. 48 GLENEIDA AVENUE, CARMEL, NEW YORK 10512 Tel. (845) 808 -1150 / Fax (845) 808 -1903* This office will not accept service via facsimile Sheet PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION -6r"tNVIkONMkl'iTAL'--ifkXLTWSERV . IC , E S FIELD ACTIVITY REPORT W".9tv ADngips,q, /3 Rtels tull PLAu"M Street Town PERSON IN CHARGE OR TNTFR TFWM. 4- Vj t4- ele Vt Name and Title TYPE OF FACILITY: State of Zip 5 / jD / iq FINDINGS: Nrived a+- 4A.P �t4 ,,uA 4,, C,v,*-oy,we"fal 14e4,14, 4 'Ae 1j,b,4A. Al;,,vi '{ �,uug, re- vie- a Am a ago i e Id he.- ('-f v 6re- sit, U',- 4d V -J-,. ('0 An e -f/j e 5hi! 5C,4 f�ej e"qe4 d�- "u-, 1,14ye-1,14 e I-- JL- 4(.,,o5 W i4;Z p4gve. 1-41&t Agu,LJ-&- L,61 H\, 11/411 7141-74 —'i— C,✓l�J, -k11-,Z1g 42"LLI-fS' ttc 41V 1 o ,�C'S Or' -ICA��, 6e IYA b, 4 7V1 Uri Cal; C�J'reC-71 lee- •-/0 dl;) 4/41/- Si'" ;LeZA'.fd �b - 020 .3 JZ22 ✓ 16— 3-1S21AD, ,✓ /, 'h,- ce"o-", xcz • r-e ,;o a i4 y. J00 led -7. :jQ/ 46-v L,6, 5ei,,e,,4- 4_,V eam Le -6,1'ljlolfs "bi -4L 4- 0 '-? -//v 1j,;,Sprteft �- 17eCe.-,;-,- i°,toL, wLc- -J-P s-J,,-e &i it a ls,luff Ao c,-, - 1111zJALet-1 Lovt-Lla 4e, Agu,LJ-&- 11/411 7141-74 —'i— C,✓l�J, -k11-,Z1g 42"LLI-fS' ttc 41V 1 o IYA I acknowledge receipt of this report: SIGNATURE: 02/96 Rev. 1 —2 y,Ve t . e - , M�, � .e fiby W_ /.:V" Al td coode_Al -tkt,- 4LO,_�c qA ,4- jP'- &,e-5 -4ke �z ( t"UL �Li GcJ (- i/� r �?� �1���r/'� y 1 �" ✓ lql:�LJ Y's 4hf -- f4,;,l stile . 4 'o, 4 af, e / t 'd Leca,,e_ - 0 cli't 'k-s4-" d A -4A e- e 0 i-- 4-e 4- dye. fie5f_*. y,Ve t . e - , M�, � .e fiby W_ /.:V" Al td coode_Al -tkt,- 4LO,_�c qA ,4- jP'- &,e-5 -4ke �z ( t"UL �Li GcJ (- i/� r �?� �1���r/'� y 1 �" ✓ lql:�LJ Y's 4hf -- f4,;,l stile . 4 'o, 4 af, e / t 'd Leca,,e_ - A -4A e- e 4-e CLS5 4Aje I­ k s y,Ve t . e - , M�, � .e fiby W_ /.:V" Al td coode_Al -tkt,- 4LO,_�c qA ,4- jP'- &,e-5 -4ke �z ( t"UL �Li GcJ (- i/� r �?� �1���r/'� y 1 �" ✓ lql:�LJ Y's 4hf -- f4,;,l stile . 4 'o, 4 af, e / t 'd Leca,,e_ - Sheet of COUNTY DEPARTMENT OF HEALTH:. VIVISIONOF ENVIRONMEli-fi�tH-EAt'H'SERVICES it, 0ec.-Ii FIELD ACTIVITY REPORT Anng-F.g.og, 3 V�6,kzzj Street Town State Zip' PERSON IN CHARGE 1 0 Iq QR Rn 4vue(t a_qviises —5/jo Name and Tide I TYPE OF FACELITY: FINDINGS: .414-P 5-1 �e wi- h LOA 4,-o,(e Al I -e She A W'., re Wie. 4l&( 6v,A I, ggo injLvA ,,,4-, Ir 1,1,i v he@, w,,s hev)L wkel�e,- slu w,,.-kW v5 J-v (ot"e .-He 4i-va!E4 tA i*k,.54e('14'-0'). SG)e 5C-4 �_vj Anr-t i,o $ A_. T7 4-t.; 4 54-,- u,, 4k ".0!e,.ri, ;aL,6L,4e j,7 i*. 4, besermen-�� 662r'i 1A,'P;,1+ Ivi &gu�- 4a -Ae �,ure_ 2e,-4,,n,,1 --�Ae gl�e ks-�, ./ /- 02v,*% -yyt ,Wd I&-, H7c 7vu 4% I acknowledge receipt of this report: SIGNATURE: 02/96 Title: Rev. 4\e j Am i,o $ A_. T7 4-t.; 6141.Y 6 YL'T b.,l _Aid -f4 IXOLIP..'a_ V., -4ke. /A ,(sc r /,e 4v 6. - '(t In -//,e k-"iCL_1 J12r*L 4, 02v,*% -yyt ,Wd I&-, H7c 7vu 4% I acknowledge receipt of this report: SIGNATURE: 02/96 Title: Rev. . tiYtL-7-e l ice L,4 9, e JV5 k s Av 1,e 4,✓-o C� 4. �e s -4-4 71c- 14A doe f - k 19r, e. V j JENNIFER S. BUMGARNER County Attorney ANDREW W. NEGRO ADRIENNE L. SPADACCINI Senior Deputy County Attorney For Risk and Compliance SANDRA M. FUSCO Senior Deputy County Attorney DANIEL P. HARVEY .� .:;- ..... -, .. tbr�e�q� DEPARTMENT OF LAW JOHN O'CONNOR Safety Officer May 15, 2014 SENT VIA MAIL AND EMAIL Matthew i,MatthewNoviello.com Matthew A. Noviello, Esq. Noviello & Noviello, Esqs. 77 Hughson Road Carmel, New York 10512 RE: Denisco/DeFelippis Premises: 13 Pleasant Road, Putnam Valley, NY Dear Mr. Noviello: In connection with a recent complaint filed with the Health Department, requests by the County to schedule a mutually agreeable date /time to conduct an inspection of your clients' above - referenced property have been ignored. Indeed, after advance notice was given to your clients, Health Department inspectors went out to the premises on May 12, 2014 to conduct an inspection but they were unable to gain access to the premises. PLEASE TAKE NOTICE that the Health Department has scheduled an inspection of the above - referenced property on May 20, 2014 at 11:00 am. On such date /time, the Health ...... . Department inspectors will need access to the premises, includingthe basement area, in order to conduct a visual `inspection and perform a'dye test. The`Heaffh Department s ingpectors -will thereafter require access to the premises on several consecutive days, namely, May 21 -23, 2014 and May 26 -30, 2014, to complete the inspection/testing (9 days total, including May 201h) PLEASE TAKE FURTHER NOTICE that the foregoing inspection/testing is authorized pursuant to the statutory powers granted to the Commissioner of Health and in furtherance of maintaining the public's health, safety and welfare. This is a final attempt to amicably resolve this matter. Should the inspectors be unable to access the premises as aforesaid, the County may have no alternative but to seek Court intervention. Very truly yours, andra M. Fusco Sr. Deputy County Attorney cc: Allen Beals /Commissioner of Health Jennifer S. Bumgarner /County Attorney Robert Morris/Health Department ✓ Rick Carano/Health Department 48 GLENEIDA AVENUE, CARMEL, NEW YORK 10512 Tel. (845) 808 -1150 / Fax (845) 808 -1903* *This office will not accept service via facsimile Sheet of PUTNAM COUNTY DEPARTMENT OF H EALTTI F NVI DIVISION OJ "*, " J Rb&MkNtAl; HEALTH SERVICES FIELD ACTIVITY REPORT AT)TWERR: / � 0/- Pv 0 Street Town State Zip PERSON IN CHARGE ngTwTF-gvTiiwF-n. -Date. Name and Title TYPE OF FACELITY: FINDINGS:- ne-6e,.Vej ek te-W6L#,f ti 11.-s &-e,'�71 4u;-kge(1 &mj 4he- kye-nzenl- ��- v-nvrd A4- 14Q 5-A �'� QAri et 6 1 4,'k o& CW,-vy- lk(rec^ do (61-f b-1-1s J Vie L,1,�A-ed -/v � elw"f Title: Cb-u.1s-e-1W ac &W-eck-'J gic'--kc 4&Ae f2 dvle5 Of� -[4,(-> '0116ge"h ,14- -M e Title: JENNIFER S. BUMGARNER County Attorney ANDREW W. NEGRO -.� . : „• First .?e�uty.,rot�x:ty�ltt2:��v: ....... - .. ADRIENNE L. SPADACCINI Senior Deputy County Attorney For Risk and Compliance SANDRA M. FUSCO Senior Deputy County Attorney �^1DANIEL P,..} HARVEY -.•..' .. r . -- . .... •�..r6y�:..J9! ��, 1. �iy���rf T�l{Sy.�!'S�r'nLy�:� -�:.: .� '..i.•. DEPARTMENT OF LAW May 9, 2014 SENT VIA MAIL AND EMAIL MatthewAMatthewNovieI1o.eom Matthew A. Noviello, Esq. Noviello & Noviello, Esqs. 77 Hughson Road Carmel, New York 10512 Dear Mr. Noviello: RE: Denisco/DeFelippis Premises: 13 Pleasant Road JOHN O'CONNOR Safety Officer Putnam Valley, NY 10579 As I communicated to you last month, a complaint was filed with the Health Department in connection with the above referenced premises. Although attempts were made to schedule an inspection by the Health Department at a time convenient to your clients, as of this writing, no response is forthcoming from your office regarding a date /time agreeable to your clients for said inspection. PLEASE TAKE NOTICE that inspector(s) from the Health Department will conduct an inspection at the above referenced premises on Monday, May 12,, 2014 at 10:30 a.m. Please - - make suk-' ur "clierrt(s) are -available to let the inspector(s)-onio *the premises to conduct such inspection. Please do not hesitate to contact the undersigned if you should have any questions, etc. in connection with the above. Thank you. Very truly yours, Vandra M. Fusco Sr.. Deputy County Attorney cc: Allen Beals /Commissioner of Health Jennifer S. Bumgarner /County Attorney Robert Morris/Health Department Rick Carano/Health Department 48 GLENEIDA AVENUE, CARMEL, NEW YORK 10512 --- - -. - -- — T -el- (845) - 808 =1 -1-50 /-Fax (845)808z,1-903-*--- - *This office will not accept service via facsimile Complaint Information Log #:;�392;�?i= 1� °Q1PJ, _Cl,m :, "t RrcrvJr /.ojj!a. - _ ece..e ...7 ChAslin3 Py Rcvd via Time Received Assigned .To: � Anonymous FirstEd Last Margenat Address 7 Pleasant Road City Lake Peekskill State NY unginibource or compiamt Origin /Source DeNISCO & Defillipis Address 13 Pleasant Road Phone - - Location Town of PUTNAM VALLEY Zip 10537 Phone 914 -804 -0298 Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is ann. Complaint - General Facility Address Sub -LHU Risk Level No risk assigned Nature of Complaint Date Complaint Sewage exposure Status Needs Investigation Resolved Description ActionTaken Referred to Law Department. Septic being discharged by sump pump in rear of property. (Enf. # 035- 13 -19OW) fYl i :yl �'► -N�IQI� rvsco G,.0_ -• 5.- ...`je%'f�7 �`�¢.�a`SG's � AVut ��L.a A�� Ttrc.�._ � p6,t++� � � G����!•o�; ' t.✓1�s PM 5/a��° �✓s� Goa a.���a ->✓° ��A Asr� c� � � srL�a- �r� �rcr /�s s - ,d�P -i�t ��iOi 4e,9 /`C.60 s is AVU diJ C/f ®p/ J /&� AV deA40 SA,0 Mr &0,11,0 avrl,�r.r (7d4 Od.✓ai-ec P Se,T v 4 pwivN" Sv,?veL&<— F#A, 1LSArO2�' /vS� GIB �,�0� ✓ !JC /totJ [ �CLI�' fi'� �r- (.�Lj�O %fit 17���41L- 7/n>si.•�'' ' /f� IYS. FvsW lrkfl-, 9IMD (�JA AA .�wvila-, me,- din � �- AM /fc �P 5?Jlp O�9 ivc 4 A& 6/j6 r a4 r � �/� a 44 i�ls<. ,O'A ��,� 9''j ow1�f /j, 020 /t- -t- hU Oij Ai & 40/'006%A S%iE Af. PjGj A;90 rA- A G✓Akcp %4,7� ,vViE1lLr/h�Y� S% -0 14f4 t3 y Ao-eo JJ^ j'/K G'Vuj Page 1 of 1 S�r,� N t6gI /L oo 47741R YG MA l � Date Printed Ap ;1f-AJ N�,e 0 S �+' L .._ _.: : - aw . After Hours Log #: Complaint m e Received: AflerHouis Only a Ended: Ai mours on► T j •r • e:. AfherHouij.Onty• ' Dale •Receiv_ ed: I 'L2 ed.B . ' How. Received: Received B . Referred To: . son Ma k1ho.Comalaint: ;t Name: Last•Name: HAK6d� A'l :et LaL�e �ee�.s(� i l State: zip: Phone: `% b'o o alb Origin of Complaint: First Name: !3 ' �� r 161ad, Last Name: Street: City: )6v y, O*, ue�t State: Zip:. Phone: Tax Ma Nature of Complaint: (Bdeflydescdbe) .R,�,p C4- 10 ini eJOV- iobdi I , L/ tfj`A�1 f—� la g4 -Aye � CAS _Aer �cftt r c�`1 �O1�. .f " U -COA tJ Y► � P � -c Y r . h. ' I zk c iobdi I , L/ tfj`A�1 f—� la g4 -Aye � CAS _Aer �cftt r c�`1 �O1�. Time Line for 13 Pleasant Road, Putnam Valley 1/16/07 NOV mailed. Nl ells= - Letter S . u fitted by��?Q� �vitli ai'20S' feet. 2/6/07 -Deep holes witness by Health De artment. Sketch modified showing wells. 2/7/07 Repair Permit approved for Hekla Construction. 2/13/07 Final Inspection. Upon arriving at site, over half of the system was. already backfilled. Joe Digit, Representative of PCDOH, had Hekla expose the comers of the . galleys. Hekla was reminded nos stems are to be backfilled poor to Health Department authorization. 2/16/07 Re- inspection. Repair completed. No evideace.of failure. The following is from Bill Hedges inspection report after the repair was completed 1/17/08 Possible SSTS failure. 1/18/08 Positive Dye Test. Tank to be pMped. NOV to be sent. 2/4/08 - 2/5/08 Inspection. SSTS still failing. 2" NOV notice. 2/12/08 NOV hand delivered to owner and water sample. 2/14/08 Discussion with owner. Tank to be pumped. Hekla contacted. Pump may need to be replaced. 2/15/08 Tank pumped. 2/19/08 Water sample at complainant's residence. 2/20/08 New pump installed. Failure appears to have stopped. 4/1/08 Call from complainant. Area wet again. 4/2/08 Flow has stopped. Re-inspection to be done. 5/30/08 Complainant states SSTS at 13 Pleasant is leaking again. 6/2/08 Dye test. 6/3/08 Positive Dye Test confirmed. NOV sent. 6/27/08 Complainant states sewage in his basement again. Discussion with owner. Old septic fields may still be connected to the septic tank. Pipe from septic tank to old fields to be removed so that all flow goes to new SSTS. Hekla contacted but refused to do the work. 8/1/08 Pipe to old fields removed. Area is 8/14/08 Complainant requested water sample. But area is dry. $/15/08 Field insti n: Areeonlaint abated.._ ✓ 10/28/08 Phone call from DeFillipis/Denisco (owners). New fields now in use. Sewage in basement. Dye test. 10/30/08 Dye test positive. NOV sent with 11/30/08 deadline to correct failure. Owners feel it is Hekla's responsibility. Hekla contacted. 12/8/08 No repair performed. Area dry. Basement not inspected. 1/7/09. Complainant phone call. Sewage again in his basement. Phone call to owners. 1/9/09 Phone call from owners. Pump line frozen = to be fixed. Basement to be sealed over weekend to keep sewage from sump pump area. Complainant notified. 1/12/09 Frozen pump line repaired — will monitor. 1/13/09 Puddle in front yard drying up. Pump problem may have been corrected. 1/20/09 - .1/23/09 Several phone calls from complainant. Water in basement smells like sewage. 1/23/09 Field inspection. Water near driveway of complainant - in area' of past positive dye tests. Complainant too en basement for inspection. 1/26/09 Meeting with owners. Dye test. Owners advised to contact Consumer Affairs about Hekla's work. Also, pump electrical connection found to be corroded. Pump replaced. 1/27/09 Field inspection - Complaint basement showed evidence of moisture no odor --dye - dye test negative 3/10/09 Water sample results TC:20,000; FC:7,600 probably sewage 3/24/09 - 5/4/11 Into flow - area under house near sump pump dry - will monitor annd resample after rain. Evidence that minor work was done near SSTS area. �• - - - . . .. -V . ......_ . - Y.. p. ... o.}�nn r �e ? 41 tQ 5/ / . a IIe� �l �� t.� i �..1 +'. . ..._./ � . .. \ . ' Y... ... G k.:. .:. .i 1. . abated and there is no evidence of any action between 3/24/09 and 5/4/1-n The following is from Shaw Ito an's complaint to 5/4/11 Call from Tina Defelippis - SSTS is failing again at 13 Pleasant Rd. Record search done for repair permit and prior complaints. 5/13/11 Site visit by PCDH; Present at inspection: Michael Budzinski, PE; Director Engineering; Joseph S. Paravati, Jr., PE, Assistant Public Health Engineer; Shawn Rogan, Public Health Sanitarian II, and Cris Delarippa, Project Coordinator Septic Repair Program, met with owner Angela Denisco and observed present site conditions. Discussed doing exploratory work and options for repair. Licensed contractor list sent to owner. 5/17/11 Call from Jim Gualtieri, licensed septic system contractor. Jim met with owners to discuss cost, a new pump pit and a possible curtain drain. 5/18/11 'Site inspection by Shawn Rogan. Spoke with owner who is upset about spending more money on doing exploratory. Discussion about volume of water being used. Possible leaking toilets and the amount of occupancy (seven people in a 2 bedroom house) causing problems with SSTS. Water reduction also discussed. 5/19/11 Internal discussion between Shawn Rogan, Michael Budzinski & Joe Paravati about Jim Gualtieri's proposals. It was agreed that exploratory work is critical before any repair decisions are made. Owners unhappy with decision since they hired a company from New Jersey, Coppollo. Septic to do exploratory work 2 weeks ago. PCDH was not contacted before exploratory work. Shawn Rogan spoke with Dan, mgr. at Coppollo Septic. Dan stated no blockage found. D -box and edge of gullies uncovered: Groundwater was encountered at less than 24 ". Dan advised owners to hire an engineer and that there was not enough septic area to support the water being used by seven people. Shawn Rogan contacted owners and they agreed to have a contractor do further exploratory work 5/20/11 Exploratory held work with Jim Gualtieri scheduled for 5/24/11 _ ..x _..... -1 -* I 15/24/1 npsctior o� Cua er. a exp �ruto. -- worn -.Mi- .hael-Budz=s 'PE �� aravdt -h -: ' P.E. Previous repair installed improperly, system was pitched 8" out of level. Jim Gualtieri to provide quote to homeowner to effect repair based on Health Department recommendations. 6/22/11 Phone message from Angela Denisco (owner). Notice received from Consumer Affairs stating that the new complaint filed cannot.be acted on due to a higher court ruling on record. Joe Labarbera, Director of Consumer Affairs, contacted. Joe to pull files but feels action not warranted due to time elapsed 3 ears and court ruling. 6/27/11 Shawn Rogan transferred phone message from Angela Denisco to Robert Morris, P.E., Director to Environmental Health. Rob to call owner 7/12/11 Shawn Rogan forwarded another phone message from Angela Denisco to. Robert Morris and Michael Budzinski. Angela states in message that septic is still running into the street and Ms. Denisco is still waiting to hear from us. 7/18/11 ?hone call from Joe Paravati to Jim Gaaltieri. Requested from Jim a cost estimate for the repair based on our recommendations at site meeting on 5/24/11. Meeting at site; present were Robert Morris, P.E., Director of Environmental Health, Michael Budzinski, P.E., Director of Engineering, Joseph S. Paravati, Jr., P.E. assistant Public Health Engineer, Angela Denisco, owner and Tina Defelippis owner. Discussed repair options and how we plan to proceed. 7/19/11 Received estimate from Jim Gualtieri - needs revisions and sketch not submitted. 7/25/11 Received new estimate from Jim Gualtieri - sketch now included. Phone call to Angela Denisco. Left message on home phone. 7/27/11 Spoke with Tina DeFelippis. She doesn't think SSTS was in the driveway originally. Phone call was cut off (pooroell service). Need to call back. —Left ari.-beR hb -8/9/11 Internal meeting: Robert Morris, P.E. Director of Envirominental Health, Mike Budzinski, P.E., Director of Engineering and Joseph S. Paravati, Jr., RE, Assistant Public Health Engineer. Spoke with Tina DeFelippis. All fixtures are regular. No low flow fixtures. Spoke with Dan from Coppola services. He stated that there was actual clear water but couldn't confirm that there may have been septic water mixed in. No report was generated. 9/1/11 Draft report for SSTS repair issued on 2/7/07 by PCDOH for Rob Morris, P.E., Director of Environmental Health to Jennifer Bum garner, County Attorney. 10/4/11 Gene Reed inspected. Upon inspection it was noted that it appears sewage is seeping from one area of the driveway on the downhill side. Th6 owner described the area as the distribution box location. The seepage is running down the edge of the road past the neighbors driveway. I 11/17/11 Proposal and contract for corrections to the previous septic repair submitted by Tim Zubradt, President of Arrow Excavating, Inc., Sketch of proposed work included. 3/23/13 Copy of fully executed contract between Putnam County and Arrow Excavating, Inc., submitted from Law Department to PCDOH. Repair permit (R-059-12) signed by Robert Morris, P.E., Director of Environmental Health. 3/27 — 4/4/12 Installation of repair R-059-12 by Arrow Excavating. Installation witnessed by Cris Dellaripa of PCDOH. 3/27/12. Inspection by Joseph S. Paravati, Jr., RE. Two issues have arisen: 1. Footing drains are currently discharging into the septic pump chamber (drain behind the house) and directly to the fields (drain in front of the house). Tim proposes to daylight the footing drains, but the Town Building Inspector, John Landi has issue. 2. Ledge encountered during excavation for the new 750 gallon pump feet,.:., phamber. (twq. 464e in adt).� —to -ft-- -swf -T- -n-nix&&iir feetfor instilli -Ti �rdp'6sdd Ofibdffy V catch basin to serve as the pump chamber (approximately 300 gallons). Angela Denisco, owner, was given the option to have the ledge hammered out. She discussed with Thn and is ok with the modified catch basin since it is a larger chamber than the current one acid concern over the.foundation integrity if ledge is hammered out. 3/28/13 Discussion between Joseph S. Paravati Jr., and John Landi and Larry Cobb, Highway Superintendent concerning the footing drain * discharge issue. See phone log for details. Discussion between Joseph S. Paravati Jr., P.E. and Robert Morris, P.E. concerning the ledge issue with the pump chamber installation. Rob asked Cris to ask Tim the cost of hammering out the ledge. Tim responded $1,500 a day. Tim was unsure how many days it would take. 3/2.9/12 Call from Edwin Margenot, 7 Pleasant Road. He expressed concerns over whether the corrections to the previous repair would keepthe sewage off his property. . 3/30/12 Inspection of installation on 3/30/12 by Robert Morris, P.E. and Joseph S. Paravati, Jr., P.E. at 10:10 AM (two trenches). Inspection of installation on 3/30/12 by Robert Morris, P.E., Joseph S. Paravati, Jr., P.E., and Gene Reed Oast trench ) at 1:15 PM. New Complaint from Angela Demsco, owner — states SSTS is failing again (014-13-19) 1/23/13 Called Angela — will again Monday morning to set up time for dye test. 1/28/13 Field visit dye test done — ML I 1/29/13 Field visit, 6 inches of water and dye in basement of house Dye test positive — ML - No dye on surface outside of house. _ . 2/? Z /13 ;��leetin—on.:il -I � �'iolatirr- nnilc�•.:.^;^rit. 2/14/13 Complaint that SSTS is failing and running onto neighbor's property per Rob Morris — Mitch Lee to inspect site tomorrow — will take pictures. 2/15/13 Field visit, pictures taken. No indication of dye or sewage in septic area. No indication of d e /sewa a running onto neighbor's property. — ML 2/21/13 Violation notice resent (originally sent to wrong address) 3/15/13 Tim from Arrow Construction called and said basement wall fixed — failure into basement has stopped. Will re-dye. 3/18/13 Mitch Lee went to re -dye. No one home. 3/28/13 System dye tested. 3/29/13 Field visit — dye tested positive in basement of house. Dye and water seeping from walls of basement. Node in water seeping from retaining wall to left of driveway. 4/3/13 Field visit. No dye in water seeping from retaining wall to left of driveway. However, water smells of septic. MDL 4/4/13 Field visit, took sample of water seepage from retaining wall. Sample tested positive for dye under black light. Marianne Burdick was 2 "d witness. 4/8/13 Called Angela, informed her that seepage from retaining wall was septic and that tank had to be pumped. Angela requested call back from Joe P. or Rob M. Angela said she was not going to spend any money to fix problem. 511113 Hearing. Adjournment for one month —No plea. Angela Denisco's lawyer requested a month to try to come up with a solution to the failure. Agreed to by PCD ®H (Dr. Beals, Commissioner of Health 5/14/13 Letter from Matthew Noviello, attorney for owners to Robert Morris. 6/5/13- Hearing -No resolution — charges denied. Matthew Noviel.lo, Angela Demsco's lawyer - .... , PCDO i was wrong to ow repair in town of PV right of way. fioweve'r, existing system was already in right of way. Judge requesting parties to work towards agreement. County's stance is there will be no compromise. No formal hearing date set. Adjourned again for one. month. 6/7/13 Meeting (Dr. Beals, Rob Morris and Joe Paravati) to discuss concerns the judge is taking sides and giving advice to Matthew Noviello. Dr. Beals felt we gave them time to resolve and now it's a matter for the legal process. A County attorney representative to be present at next hearing. Meeting: (Rick Carano, Rob Morris and Joe Paravati) Judge informed Rick that we should have an engineer testify at the formal hearing about the number of people living in the house as to the possible cause of failure. (Seven to eight people in a two- bedroom house). Rob was adamantly opposed since that may not be the cause of the failure and we as the PCD ®H don't dictate to the number of. eo le livin g in a house. 6/10/13 Dye test. No apparent surface failure. Appears to be sewage in basement again. Septic odor and black water. 6/11/13 Positive dye in basement (looked through window in door. No one home. Door locked.) Standing water between stone wall and fence along property line between 13 and 7 Pleasant Road. Node visible, no odor. 6/12/13 1 Phone call to Angela. Left message. Call back from Angela — Dye is in the basement confirmed by owner). 7/1/13 Hearing scheduled for 7/3/13 postponed by PCDOH (Robert Morris) to 8/7/13 due to PC Law -Department needing more time to prepare. Judge e had requested-, a County, attorney be present 7/30/13 Dye test. Slight amount of green dye in basement prior to dye test. 7/31/13, Dye present in basement. Dye/sewage not being pumped out to street at time of visit. 8/1/13 Dye/sewage not being pumped out to street at time of visit. Dye present in basement, bright green. 8/19/13 Dye still present in basement during field visit Sump pump present in basement. 8/22/13 Field visit, dye test with red dye. 8/26/13 Field visit With Robert Morris,. Director of Env. Health. Red dye present in basement. Owner, Angela, accused Department of harassment due to numerous field visits and dye tests. Owner claimed that Director was going around telling everybody (including PV Building Dept.) that sewage was being pumped into the street. *Owner used profanities and instructed the Department not to come back. The Department was no longer allowed on property. Red dye positive in basement. Owner said "fucking" and called Director "a little bitch". 9/16/13 Field visit — Photos of basement take. 10/1/13 Field visit — Photos taken, homeowner said walls were cemented and treated with dry lock. Basement dry except for small amount of water in sump pit. No indication of septic leak. 10/2/13 Hearing. Owners pleaded not guilty again. A date was set for a -formal hearing on November 6th at 2 pin at PCDOH. 10/3/13 Phone conversation with Tim Zubradt of Arrow Excavating about excavation of basement. According to Tim, before he fixed the original repair, the basement had been excavated about 4". After the repair was completed, the basement excavation was increased to about 12". Complaint information 'l ifii i piafrltRecervefii1 10 . 6g •b1 = d6=19. Rcvd via Telephone Time Received Assigned To Hedges, William omplainant (Person Making ❑ Anonymous FirstED Last MARGENAT Address 7 PLEASANT RD.. City LAKE PEEKSKILL State Zip Phone 914 -804 -0218 - Origin /Source of Complaint Origin /Source 13 PLEASANT RD.,/ / -i� //19� Address Phone - 7 Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is ani is Complaint - General Facility Address Sub -LHU Risk Level No risk assigned - Complaint Com taint Date -\ Complaint Sewage exposure Status Needs Investigation Resolved Description ActionTaken THEIR SEPTIC FIELDS LEAKING ONTO THEIR /� /�� -� ui�✓ P /f��� ®�=S 7��' FRONT LAWN '0 (SPOKE TO NEIGHBOR - NOTHING HAPPENED) �QPSi�* ! cc 47 V — I r"Z his P �Z 'yam 7-f5/ car° 57`" �0 5 :5 ./// �5 Page 1 of 1 di,s;_5 GC' 4 Date Printed j nuary 17, 2008 Time Line for 13 Pleasant Road, Putnam Valle 1/16/07 NOV mailed. 1/25/07 Sketch submitted. Letter sent by PCDOH requesting deep holes and all wells within 200 feet. 2/6/07 Deep holes witness by Health Department. Sketch modified showing wells. 2/7/07 Repair Pen-nit approved for Hekla Construction. 2/13/07 Final Inspection. Upon arriving at site, over half of the system was already backfilled. Joe Digit, Representative of PCDOH, had Hekla expose the comers of the galleys. Hekla was reminded n o s ystems are to be backfilled prior to Health Department authorization. 2/16/07 Re-inspection. Repair completed. No evidence of failure. The following is from Bill Hedges inspection report after the repair was completed 1/17/08 Possible SSTS failure. 1/18/08 Positive Dye Test. Tank to be pumped. NOV to be sent. 2/4/08 - 2/5/08 Inspection. SSTS still failing. 2" NOV notice. 2/12/08 NOV hand delivered to owner and water sample. 2/14/08 Discussion with owner. Tank to be pumped. Hekla contacted. Pump may need to be replaced. 2/15/08 Tank pumped. 2/19/08 Water sample at complainant's residence. 2/20/08 New pump installed. Failure appears to have stopped. 4/1/08 Call from complainant. Area wet again. - 4/2/08 Flow has stopped. Re-inspection to be done. 5/30/08 Complainant states SSTS at 13 Pleasant is leaking'again. 6/2/08 Dye test. 6/3/08 Positive Dye Test confirmed. NOV sent. 6/27/08 Co mplainant states sewage in his basement again. Discussion with owner. Old septic fields may still be connected to the septic tank. Pipe from septic tank to old fields to be removed so that all flow goes to new SSTS. Hekla contacted but refused to do the work. -4/14L8 -Pipe.Ao-old.fit 'Id -ste moved. _krea.Ls dvy_ 8/14/08 Complainant request d water sample. But area is dry. 8/15/08 Field inspection. Area dry. Complaint abated. 10/28/08 Phone call from DeFillipis/Denisco (owners). New fields now in use. Sewage in basement. Dye test. 10/30/08 Dye test positive. NOV sent with 11/30/08 deadline to correct failure. Owners feel it is Hekla's responsibility. Hekla contacted. 12/8/08 No repair performed. Area dry. Basement not inspected. 1/7/09 Complainant phone call. Sewage again in his basement. Phone call to owners. 1/9/09 Phone call from owners. Pump line frozen — to be fixed. Basement to be sealed over weekend to -keep sewage from sump pump area. Complainant notified. 1/12/09 Frozen pump line repaired — will monitor. 1/13/09 Puddle in front and drying up. Pump problem may have been corrected. 1/20/09 - 1/23/09 Several phone calls from complainant. Water in basement smells like sewage. 1/23/09 Field inspection. Water near driveway of complainant in area of past positive dye tests. Complainant t o o pen basement for inspection. 1/26/09 Meeting with owners. Dye test. Owners advised to contact Consumer Affairs about Hekla's work. Also, pump electrical connection found to be corroded. Pump replaced. - r4 negative 3/10/09 Water sample results TC:20,000; FC:7,600 probably sewage 3/24/09-5/4/11 No flow — area under house near sump pump dry — will monitor and . resample after rain. Evidence that minor work was done near SSTS area. No documentation from 3/24/09 thru 514111 It appears that the complaint was never abated and there is no evidence of any action between 3/24/09 and 5/4/11 The following is from Shaw Rogan's complaint to 5/4/11 Call from Tina Defelippis — SSTS is failing again at 13 Pleasant Rd. Record search done for repair permit and prior complaints. 5/13/11 Site visit by PCDH; Present at inspection: Michael Budzinski, PE, Director Engineering; Joseph S. Paravati, Jr., PE, Assistant Public Health Engineer; Shawn Rogan, Public Health Sanitarian IL and Cris Delarippa, Project Coordinator Septic Repair Program, met with owner Angela Denisco and observed present site conditions. Discussed doing exploratory work and options for repair. Licensed contractor list sent to owner. 5/17/11 Call from Jim Gualtieri, licensed septic system contractor. Jim met with owners to discuss cost, a new pump pit and a possible curtain drain. 5/18/11 Site inspection by Shawn Rogan. Spoke with owner who is upset about spending more money on doing exploratory. Discussion about volume of water being used. Possible leaking toilets and the amount of occupancy (seven people in a 2 bedroom house) causing problems with SSTS. Water reduction also discussed. 5/19/11 Internal discussion between Shawn Rogan, Michael Budzinski & Joe Paravati about Jim Gualtieri's proposals. It was agreed that exploratory work is critical before any repair decisions are made. Owners unhappy with decision since they hired a company from New Jersey, Coppollo. Septic to do exploratory work 2 weeks ago. PCDH was not contacted before exploratory work. Shawn Rogan spoke with Dan, mgr. at Coppollo.Sqptic. Dan stated no • than 24". Dan advised owners to hire an engineer and that there was not enough septic area to support the water being used by seven people. Shawn Rogan contacted owners and they agreed to have a contractor do further exploratory work 5/20/11 Exploratory held work with Jim Gualtieri scheduled for 5/24/11 5/24/11 Inspection of Jim Gualtieri's exploratory work by Michael Budzinski, PE and Joe Paravati Jr. P.E. Previous repair installed improperly, system was pitched 8" out of level. Jim Gualtieri to provide quote to homeowner to effect repair based on Health Department recommendations. 6/22/11 Phone message from Angela Denisco (owner). Notice received from Consumer Affairs stating that the new complaint filed cannot be acted on due to a higher court ruling on record. Joe Labarbera, Director of Consumer Affairs, contacted. Joe to pull files but feels action not warranted due to time elapsed (3 years) and court ruling. 6/27/11 Shawn Rogan transferred phone message from Angela Denisco to Robert Morris, P.E., Director to Environmental Health. Rob to call owner 7/12/11 Shawn Rogan forwarded another phone message from Angela Denisco to Robert Morris and Michael Budzinski. Angela states in message that septic is still running into the street and Ms. Denisco is still waiting to hear from us. a Timeline for 13 Pleasant Road 1/16/07 NOV mailed. 1/25/07 Sketch submitted. Letter sent by PCDOH requesting deep holes and all wells within 200 feet. 2/6/07 Deep holes witness by Health Department. Sketch modified showing wells. 2/7/07 Repair Permit approved for Hekla Construction. 2/13/07 Final Inspection. Upon arriving at site, over half of the system was already backfilled. Joe Digit, Representative of PCDOH, had Hekla expose the corners of the galleys. Hekla was reminded nos stems are to be backfilled prior to Health Department authorization. 2/16/07 Re- inspection. Repair completed. No evidence of failure. The following is from Bill Hedges inspection report after the repair was completed 1/17/08 Possible SSTS failure. 1/18/08 Positive Dye Test. Tank to be um ed. NOV to be sent. 2/4/08 - 2/5/08 Inspection. SSTS still failing. 2" NOV notice. 2/12/08 NOV hand delivered to owner and water sample. 2/14/08 Discussion with owner. Tank to be pumped. Hekla contacted. Pump may need to be replaced. 2/15/08 Tank pumped. 2/19/08 Water sample at complainant's residence. 2/20/08 New pump installed. Failure appears to have stopped. 4/1/08 Call from complainant. Area wet again. 4/2/08 Flow has stopped. Re-inspection to be done. 5/30/08 Complainant states SSTS at 13 Pleasant is leaking again. 6/2/08 Dye test. 6/3/08 Positive Dye Test confirmed. NOV sent. 6/27/08 Complainant states sewage in his basement again. Discussion with owner. Old septic .fields ay-gt ll`be conneeted'to" the`septic tai ik - PipeFfrtini peptic i'ariktb "oid° ieid§ to'be feriioved so that all flow goes to new SSTS. Hekla contacted but refused to do the work. 8/1/08 Pipe to old'fields removed. Area is dry. 8/14/08 Complainant requested water sample. But area is 8/15/08 Field inspection. Area dry. Complaint abated. 10/28/08 Phone call from DeFillipis/Denisco (owners). New fields now in use. Sewage in basement. Dye test. 10/30/08 Dye test positive. NOV sent with 11/30/08 deadline to correct failure. Owners feel it is Hekla's responsibility. Hekla contacted. - 12/8/08 No repair performed. Area dry. Basement not inspected. 1/7/09 Complainant phone call. Sewage again in his basement. Phone call to owners. 1/9/09 Phone call from owners. Pump line frozen — to be fixed. Basement to be sealed over weekend to keep sewage from sump pump area. Complainant notified. 1/12/09 Frozen pump line repaired — will monitor. 1/13/09 Puddle in front yard drying up. Pump problem may have been corrected. 1/20/09 - 1/23/09 Several phone calls from complainant. Water in basement smells like sewage. 1/23/09 Field inspection. Water near driveway of complainant in area of past positive dye tests. Complainant too en basement for inspection. 1/26/09 Meeting with owners. Dye test. Owners advised to contact Consumer Affairs about Hekla's work. Also, pump electrical connection found to be corroded. Pump replaced. Timeline for 13 Pleasant Road . .+Lrw .' _ _. .• �. .tee > p � t!. ....,...,..> .... ...-: Pt c• "�, ..: ".:%!�wa ..r h - -; .7- q ,.. .. ' qb ..- .. .- . xt. F _ .� t' ;+vp... : �i+.i•n.+ ... .� 5�" ' s d .< 'i. .1/27/09 Field inspection — Complaint basement showed evidence of moisture no odor —dye - dye test negative 3/10/09 Water sample results TC:20,000; FC:7,600 probably sewage 3/24/09 - 5/4/11 No flow — area under house near sump pump dry — will monitor and resample after rain. Evidence that minor work was donne near SSTS area. No documentation from 3/24/09 thru 5/4/11 It appears that the complaint was never abated and there is no evidence of any action between 3/24/09 and 5/4/11 The following is from Shaw Ito an's complaint to 5/4/11 Call from Tina Defelippis — SSTS is failing again at 13 Pleasant Rd. Record search done for repair permit and prior complaints. 5/13/11 Site visit by PCDH; Present at inspection: Michael Budzinski, PE, Director Engineering; Joseph S. Paravati, Jr., PE, Assistant Public Health Engineer; Shawn Rogan, Public Health Sanitarian II, and Cris Delarippa, Project Coordinator Septic Repair Program, met with owner Angela Denisco and observed present site conditions. Discussed doing exploratory work and options for repair. Licensed contractor list sent to owner. 5/17/11 Call from Jim Gualtieri, licensed septic system contractor. Jim met with owners to discuss cost, a new pump pit and a possible curtain drain. 5/18/11 Site inspection by Shawn Rogan. Spoke with owner who is upset about spending more money on doing exploratory. Discussion about volume of water being used. Possible leaking toilets and the amount of occupancy (seven people in a 2 bedroom house) causing problems with SSTS. Water reduction also discussed. 5/19/11 Internal discussion between Shawn Rogan, Michael Budzinski & Joe Paravati about Jim Gualtieri's proposals. It was agreed that exploratory work is critical before any repair unhap y:iiAth- deeisi =gin -sh they. hired -a -' o p yoftb NT ' p Jersey, Coppollo. Septic to do exploratory work 2 weeks ago. PCDH was not contacted before exploratory work. Shawn Rogan spoke with Dan, mgr. at Coppollo Septic. Dan stated no blockage found. D -box and edge of gullies uncovered. Groundwater was encountered at less than 24 ". Dan advised owners to hire an engineer and that there was not enough septic area to support. the water being used by seven people. Shawn Rogan contacted owners and they agreed to have a contractor do further exploratory work 5/20/11 Exploratory held work with Jim Gualtieri scheduled for 5/24/11 5/24/11 Inspection of Jim Gualtieri's exploratory work by Michael Budzinski, PE and Joe Paravati Jr. P.E. Previous repair installed improperly, system was pitched 8" out of level. Jim Gualtieri to provide quote to homeowner to effect repair based on Health Department recommendations. 6/22/11 Phone message from Angela Denisco (owner). Notice received from Consumer Affairs stating that the new complaint filed cannot be acted on due to a higher court ruling on record. Joe Labarbera, Director of Consumer Affairs, contacted. Joe to pull files but feels action not warranted due to time elapsed 3 years and court ruling. 6/27/11 Shawn Rogan transferred phone message from Angela Denisco to Robert Morris, P.E., Director to Environmental Health. Rob to call owner 7/12/11 Shawn Rogan forwarded another phone message from Angela Denisco to Robert Morris and Michael Budzinski. Angela states in message that septic is still running into the street and Ms. Denisco is still waiting to hear from us. Complaint - Information " - Complaint Recei�ed1i5 /07. Rcvd via Telephone Time Received — Complainant (Person maKing complain) ❑ Anonymous FirstJOHN Address City PUTNAM VALLEY Last ALLEN BI (T)PV PLEASE RETURN gro THE UTNAM COUNTY �. i RECORDS CENTER I received; B'y - -Martin, Linda Assigned To Rogan, Shawn State Zip Phone 845 -526 -2377 rigin /Source of Complaint Origin /Source DENISCO /DEFELLIPPIS Address 13 PLEASANT RD. Phone 845- 528 -2132 Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is ani - complaint Is Against Complaint - General Facility Address Sub -LHU Risk Level No risk assigned - Complaint Nature of l Complaint Date Complaint Sewage exposure Status Resolved Resolved 2/20 /O`7 Description ActionTaken SEPTIC LEAKING SEPTIC AREA OBSSERVED LEAKING BY J. PARAVATI 1/5/07 1/8/07 -PER J. PARAVATI, OWNER HAS CONTRACTED W /HEKLA CONSTRCTION TO REPAIR SYSTEM. APPT. DO DYE TEST MAKE FOR 3:00P.M: ON 1/10107 `1 /10!07 -[AYE fE!MD FiRS'1TLOOR BATHROOM °_.. ..._ 1/11/07- DYE REPORTED BY OWNERS AND VERIFIED BY B. HEDGES. 1/12/07 -NOV PREPARED 1/16/07 -NOV MAILED 1/23/07- RECEIVED CALL FROM TINA DEFELLIPPIS - SUBMITTING REPAIR PERMIT VIA MAIL TODAY - HEKLA IS PROPOSED CONTRACTER. R -024-07 APPROVED, BUT ENGINEERS (J. PARAVATI) WANT TO OBSERVE DTH PRIOR TO CONSTRUCTION 2/6/07 -J. DIGIT TO WITNESS DTH'S REPAIR PERMTI MODIFIED DUE TO DEPTH OF SOIL APPROVED AS MODIFIED FOR SHALLOW GALLIES. 2/13/07- REPAIR INSEPCTED AND COMPLETE - INSPECTED BY JOE DIGIT Page 1 of 1 Date Printed February 22, 2007 Time Received: (After hours Only) Time Ended: (After Hours Only) Total Time: (After Hour Only) Date Received: Logged Bv: How Received: Received Bv: Referred To: Person Making Complaint: First Name: �o,� Last Name: Street: Town: V State: Zip: Phone: �,Jd6 -8?,3 % Z' riain of Complaint: irst Name: Street: n- Town: r� . Last Name: U State: Zip: Phone: Nature of Complaint: (Briefly describe) Action Taken: Action Taken: /,' 7 Complaint Information "'L.og # 'tt 5-67- 19'.:..,.. ,. - C6Fhp aint'R�czi'� ecelvea .- .. :1/5/07 `R BY Iaiiz6: LTnd'a Assigned To Rcvd via Telephone Time Received g Rogan, Shawn ;omplainant (Person Making Complain Anonymous . FirstJOHN Address City PUTNAM VALLEY Last ALLEN BI (T)PV State Zip Phone 845 - 526 -2377 - Origin /Source of Complaint Origin /Source UNKNOWN�SCO A t Address 13 PLEASANT RD. Phone - -,� Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is am is Against Complaint - General Facility Address Sub-LHU 61 r(, -_ Risk Level No risk assigned - Complaint / Nature of Complaint g Resolved✓ �- Complaint Sewage exposure Status Needs Investigation D I� Description ActionTaken SEPTIC LEAKING Af 0 C < �`'d T"` t'e `'► ` t1 % 4 _ VL ,/1 to r s L✓ y � �( lii4° 4., r k 11 /��o�- /USN �� • � ,��..,4. alp /o� i �w— pz+-ri A ' red Ic-4' G41 - ao )h ;/�_ //I5� , e�, 14A,& Page 1 of 1 Date Printed January 08, 2007 Sheet of PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEATLH R SEVICES •. -. .. .� FIELD ACTTVIfiY �REP012T. . .::... -..., .: �.- . =-M:,• .. .. ._ , . . . AT)T)RES ./ G�d `�� r5 °`�" L%� l/ l�� C/ ��/ ::'• — Street Town PERSON IN CHARGE nR INTERVIEWED. Name and Title TYPE OF FACILITY: State P FINDINGS: lei O ev- TN4PFC'T0R> TFT s Signature and Title RFPCORT RF.C'FTVFT) RV: I acknowledge receipt of this report: SIGNATURE: 02/96 Title: Rev. SHERLITA, AMLER, MD, MS, FAAP Commissioner of Health .tN;1�N�R1. Associate Commissioner of Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 CERTIFIED RETURN RECEIPT REOUESTED ROBERT J. BONDI County Executive Director of Environmental Health PLEASE RETURN CORRESPONDENCE TO: Defellippis, Tina M. NAME: Shawn Rogan Denisco, Angela TITLE: Public Health Sanitarian 13 Pleasant Road PHONE: (845) 278 -6130 Ext. 2159 Lake Peekskill, NY 10537 DATE: January 16, 2007 OFFICIAL NOTICE OF NON- COMPLUNCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Road, (T) Putnam Valley, TM # 83.72 -1 -36 by a represQAtative of this Department on January 11, 2007. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out ai. J maintained pumped until the proper repairs are made to the system. Approval of proposed repairs roust be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Failure to maintain the septic tank pumped out and further, to correct this condition by February 5, 2007 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonrnjpn�,.as.,;, pr 9�r ed-lb, =law; in addit on ;, su�l: other actf ns as r�:Qy•be-prescri'bed. ~A remins ection will be made:' ' It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Commissioner of Health Very truly yours, Sherlita Amler, M.D. Commissioner of Health By: Sha Rogan Public Health Sanitarian SR:kly Enc: Permit Application cc: BI (T) Putnam Valley MAB Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 SHERLITA AMLER, MD, MS, FAAP Commissioner of Health LORETTA'MOLINARI, RN, MSN Associate Commissioner of Health January 25, 2007 Hekla Construction 256 Buckshollow Road Mahopac, NY 10541 Dear Mr. Hekla: DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 ROBERT J. BONDI County Executive ROBERT MORRIS,.PE Director of Environmental Health Re: Proposed Repair — DeNisco 13 Pleasant Road (T) Putnam Valley, TM# 83.72 -1 -36 This office has received and reviewed the most recent sketch for the above - mentioned project. We would like to offer the following comments for your review and consideration. t11. Deep holes need to be excavated to determine the extent of the ledge. 2. A sketch showing all adjacent wells within 200 feet of the SSTS area needs to be provided. Please provide all required elements on the sketch as rioted on the repair permit. (house, property lines, wells, location of existing and proposed trenches, etc.) IV& continue its review upon considerat on'of the-above- mentioned comments. Please feel free to contact me at est. 2157 if any questions arise. JSP /kly Very truly yours, Joseph S. Paravati, Jr. Assistant Public Health Engineer Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /Preschool (845) 278 -6014 Fax (845) 278 -6648 acknowledge receipt .of this report: SIGNATURE: . � / 96 Title; Zev. . PUTNAM COUNTY DEPARTMENT OF HEALTH ' DIVISION OF ENVIRONMENTAL HEALTH SERVICES .. y.i. _ , ... 4�"y;{• . ,. - ,. .... a a.. oyr':�;,: min:. �. _ ',. .. ::�, .. - .. .. ic: >ii' -;� ., -. ... ., -., .v�:•oa .� -c: .::ia.,,r, DESIGN DATA SHEET - SUBSURFACE SEWAGE TREATMENT SYSTEM Owner 2)F is /L l PP1 S Z D1 ='1V1 S Q 0 Address . 5 P44�kX' Alr De Located at (Street) Tax Map �3'741ock Lot 3 )� indicate nearest cross street) Municipality (77- Afv 1 V A Ley Watershed SOIL PERCOLATION TEST DATA Date of Pre - soaking Date of Percolation Test 1 tl 0 0 a v v v 0 a v 0 5 NOTES: 1. Tests to be repeated at same approximately equal percolation rates are obtained at each percolation test hole. (i.e. s 1 min for 1 -30 min/inch, s 2 min for 31 -60 min/inch) All data to be submitted for review. 2. Depth measurements to be made from top of hole. Form DD -97 ' TEST PIT DATA 2 DESCRIPTION OF SOILS ENCOUNTERED IN TEST HOLES DEPTH . ' Iay : �. x: -. 1C�L`�N15 `� HUi,E1V�. L :NO G.L. Er�FU�l C .9olvc 0.5' Cf �USa!E >0� 1.0' _ 2.0' P 'rY sAN A L1" � iv D 2.5' 3.0' 3.5' 4.0' r r; �a 4.5' fT i dal'�� jq 5.0 ' , = .- 5.5' 6.0' 6.5' 7.0' 7.5' 71--/-0 mmC� 8.0'� 2 8.5' 9.0' 10.0' Indicate level at which groundwater is encountered %r' V Indicate level at which mottling is observed ` /— ep /'- <I�',�` ? Indicate level to which water level rises bei g encountered Deep hole observations made by: Date °% Design Professional Name: Address: Signature: Design Proffessionall's Seal 0I FEB 6 '07 15.35 PAGE.00 tow' Boy Galkde.-End �Swuo' t (H -20) CkTId�°: n SPECIFICATIONS: ... . 4Concrete •Mix, 000 P. S. I it 28 days. s. Steel Rein f orceAeri '70.4; ,Reber :5' X • fi' X 10 go. steel wire mesh. PAGE 135 Ofyj •�I ij EASTERN. PRECAST (1,70 INC �P:O: Box 5133 Carrierce Rd., Brookfield, ET 06Ed4: Phone (203) 775-0130;775-93BD Fox (203) 716.2058 "M[!M H EKLA CONSTRUCTDa ® M Full Service Excavation ®Site g Septic Systems ®Sewer Top Soil 0 Fill o Gravel �� r Modular or Stick Built Homes (845) 628 -5066 Fax (845 �r LIM uvd Imo" i f 0 —'-- l� 6 O i r- - - - - 9 v o } rr Cdr' O Z O -- o Uam N 1 I Mead PUTNAM COUNTY HEALTH DEPARTMENT DIVISION OF ENVIRONMENTAL HEALTH SERVICES PROPOSAL FOR SEWAGE DISPOSAL SYSTEM REPAIR (�/�j�(jJ� L.��_p�/�/ .. :ci..+i.. .. a r'e �,».. ..$�'' -:.Y . .. n- r a .i- 7.. _...v— i : ss• :n . ��+. Iry YES NO Internal Use Only ❑ Repair Permit issued In last 5 years ❑ Not in Watershed ❑ ❑ Repair within Boyd's Comers, W. Branch or Croton Falls Res. ❑ Delegated ❑ ❑ Repair within 200 ft. of a watercourse or DEC - mapped wetland ❑ Joint Review. SITE LOCATION OWNER'S NA MAILING ADC APPLICANT Name & Relationship (i.e., owner, tenant, contractor) 3� DATE Z-7-67 FACILITY TYPE e_Ss'A -0 pia J PCHD COMPLAINT # PROPOSED INSTALLER C 0 t7S C. PHONE # t C /J-' 6 7O'D ' �~ Q �0 ADDRESS 2 `/ 13 'u C%s % o f / o W 4?d REGISTRATION /LICENSE # MpHOP114 JVI Proposal (include a separate sketch locating the house, property lines, all adjacent wells within 200 feet of repair and the location of existing and proposed trenches) NOTE: Repair must be in same location and of same type as original sewage disposal system. Different location and proposed pump systems will require submittal of proposal from licensed professional engineer or registered architect. I, as owner,'or r9qorted agent of owner agree to the conditions stated on this form SIGNATURE G TITLE OUr DATE 2rocurement of any Town Permit, if applicable. Submission of as built repair sketch in duplicate showing: a. Owner's name b. Site Street Name, Town and Tax Map number c. Location of installed components tied to two fixed points d. System description (e.g., 1250 gal. Concrete septic tank, etc.) e. Installers' name and phone number 3. System repair to be performed in accordance with the above proposal and conditio Proposal Approved Proposal Denied spector's Signature & Title Date COPIES: White (PCHD); Yellow (Town BI); Pink (Installer), Orange (Applicant) PC -RP 99ML Rev. 8/05 ey el t F, 4 ; in 71 f. is Wn . Title: A- ter Hours Lo; r: °I_...r rS& R8L- &ived.sWi Complaint ,:1 %rj ' ��' I T/lrteri'ours O�ih,) ?ota_ ] Tim e: (Aster Hour I � . II?ate Received: I Logged Bv: I I/ J-7/0 Y Person Making ComDlaint: r Flow Received: Received Bv: 1W 1719 Referred To: M3 S# First Name: //%% Last I�'ame:C(� Street: '�P.0 �� Ys- A) Town: k _.State: Zip: Phone: Origin Of.COMDlaint: First Name: L Street: Town: /C /�.Po State: Zip: Nature of Complaint: (Briefly describe) Action Taken: La Name, Phone: D_ l s L. Complaint Lot Date Remarks ,I D 5 Z / D .'4./ e-e-1 ✓, rr .P dl G 4 IP -ee- F Ei SHERLITA AMLER, MD, MS, FAAP ROBERT J. BONDI Commissioner of Health County Executive LORETTA,rMOUNA2,. RN, MSS . .. � , ° a; -- 7. r - ` 'Associate Commissioner of Health n r� �i DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Inspection Continuation Sheet J/z / //" /tG�✓ oYt��' / ��G•�4� /`iii =-a �i Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Nursing Services (845) 278 -6558 WIC (845) 278 -6678 Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 GdYJ�Pe, SHERLITA AMLEF, MD, MS, FAAP Commissioner of Health LORETT Associate Commissioner of Health /- - -- --j- - /.. , 1-1 61 /VDEPARTMENT OF HEALTH I "'-' I Geneva Road, Brewster, New York 10509 'mot,,) Inspection Continuation Sheet" ROBERT J.BONDI County Executivz- aor- zz ,4 0- C-f— I �5 - 0,- e! �, Z-,., e " K 1; e P11 mr s, A, -11 ';-,9 — //,,' 3 ,5 e a / Yf h,:::-- e e--,14; Environmental Health (845) 278-6130 Fax(845)278-7921 Nursing Services (845) 278-6558 WIC (845) 278- ' 6678 Fax (845) 278-6085 Early Intervention/Preschool (845) 278-6014 Fax (845) 278-6648 af A, >, o� e -11 ';-,9 — //,,' 3 ,5 e a / Yf h,:::-- e e--,14; Environmental Health (845) 278-6130 Fax(845)278-7921 Nursing Services (845) 278-6558 WIC (845) 278- ' 6678 Fax (845) 278-6085 Early Intervention/Preschool (845) 278-6014 Fax (845) 278-6648 SHERLITA AMLER, MD, MS, FAAP Commissioner of Health -:. I�ORLTTA MOLINARL FN; MSN'. Associate Commissioner of Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Inspection Continuation Sheet ROBERT J. BONDI County Executive / '��� d S �J O l i� G� ►/. `c� eo rj' 4) //r IC !� Fi•/X !/ / r/ /�/1j'�' TT '` G.0 %yJ j`tiG/ G.-._ O''I .S G/i`J_ _ U ',9W *; t-0 60, ,�'.. . P w ,,n A ez; L� v Z p 2 e — A H /Z t .? r-1 Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Nursing Services (845) 278 -6558 WIC (845) 278 -6678 Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 z5 ic- cv/ 6? C. G _ lel /Z Pe o t4 A.'. SHERLITA AMLER, MD, MS, FAAP Commissioner of Health - . rL F:TTA. MQI.,INAE1s.tN; MSN -. -- .. Associate Commissioner of Health ' DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 ROBERT I BONDI County Executive Director of Environmental Health CERTIFIED RETURN RECEIPT REQUESTED PLEASE RETURN CORRESPONDENCE TO: Tina DeFillipis NAME: William Hedges Angela Denisco TITLE: Senior Public Health Sanitarian 13 Pleasant Road PHONE: (845) 278 -6130 Ext. 2168 Putnam Valley, NY 10579 DATE: January 18, 2008 OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at your residence, 13 Pleasant Drive (T) Putnam Valley, TM # 83.72 -1 -36 by a representative of this Department on January 18, 2008. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. - -- - Failure4o pump the-septic• tank imn- iediately and further, to correct thi& condition by January 28, 2008, will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita Amler, MD . Oo"tnmissiQner th By: William Hedges Senior Public Health Sanitarian WH/kly nvironmental Health (845) 278 -6130 Fax (845) 278-7921 Ene: Permit ApplicationE cc: BI (T) Putn V Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Fsing- Wvices (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /Preschool (845) 278 -6014 Fax (845) 278 -6648 Sheet of IPUTNAM COUNTY DEPARTMENT OF HEALTH 1;IrEIIICES FIELD ACTIVITY REPORT N A 1v4'F : Tel: AnnRFCC. is DiL 0o Street Town State Zip PERSON IN CHARGE U Name and A le TYPE OF FACILITY : 1P�•�� GF 957-S >lrV v �t✓�L �4 fS l�v � FINDINGS' �*49V I acknowledge receipt of this report: SIGNATURE: 02/96 Rev. SHERLITA AMLER, MD, MS, FAAP Commissioner of Health Associate Commissioner of Health ROBERT J. BONDI County Executive 'r.' =' %: v .� �r.W�... �r^ rr: t��iilOiY \�•lY'Y`7YQlVCIt�•,�Pl'l -' :.= •v••• "•.•• ••• . Director of Environmental Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 CERTIFIED RETURN RECEIPT REQUESTED PLEASE RETURN CORRESPONDENCE TO: Tina DeFillipis NAME: William Hedges Angela Denisco TITLE: Senior Public Health Sanitarian 13 Pleasant Road PHONE: (845) 278 -6130 Ext. 2168 Putnam Valley, NY 10579 DATE: February 5, 2008 * SECOND NOTICE OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at your residence, 13 Pleasant Drive (T) Putnam Valley, TM # 83.72 -1 -36 by a representative of this Department on January 18, 2008, February 4, 2008 and February 5, 2008. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Failure to pump the septic tank immediately and further, to correct this condition by February 20, .2008, mill 11� ..o.u..Iiab -�0, a4dition?1.. genalxies .�rovided.b3�.lawfin�lud ng psoscctatian.on -a-cha of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita Amler, MD Commissioned a By: William Hedges Senior Public Health Sanitarian WH/kly Enc: Permit Application cc: BI (T) Putnam Valley Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /Preschool (845) 278 -6014 Fax (845) 278 -6648 SHERLITA AtP LER, MD, MS, FAAP Commissioner of Health _ :. iLQ�iiB� I`` " "I',416y�ll.�N.� ➢; Ids, MSS " Associate Commissioner of Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 R®BERT .I. BONDI County Executive ROBERT MORRIS, PE Director of Environmental Health CERTIFIED RETURN RECEIPT REQUESTED Tina DeFillipis Angela Denisco 13 Pleasant Rd. Putnam Valley, NY 10579 PLEASE RETURN CORRESPONDENCE T®: NAME: William Hedges TITLE: Senior Public Health Sanitarian PHONE: (845) 278 -6130 Ext, 2168 DATE: June 5, 2008 OFFICIAL NOTICE OF NON-COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Rd. (T) Putnam Valley, TM #83.72 -1 -36 by a representative of this Department on June 3, 2008. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Failure to pump the septic tank immediately and further, to correct this condition by July 2008 will ake you liable for additional penalties provided by law, including prosecution on a ch(ar`ge'of comrruttmg a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita Amler, MD con=* om Us" By: William Hedges Senior Public Health Sanitarian WH:lm Enc: Permit Application cc: BI(T)Putnam Valley MAB Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /Preschool (845) 278 -6014 Fax (845) 278 -6648 SHERLITA AMLER, MD, MS, FAAP Commissioner of Health . ..' �...,'` �ILIL�' �f" �:- I� );OLIIvA�•6i1�•,E�o'�,�'dlS;�d. ,.• .F : �. -... � .'.. Associate Commissioner of Health ROBERT J. BONDI County Executive „'RQBERY MORRIS, Director of Environmental Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 CERTIFIED RETURN RECEIPT REOUESTED Tina DeFillipis Angela Denisco 13 Pleasant Rd. Putnam Valley, NY 10579 PLEASE RETURN CORRESPONDENCE TO: NAME: William Hedges TITLE: Senior Public Health Sanitarian PHONE: (845) 278 -6130 Ext. 2168 DATE: July 8, 2008 2 °d NOTICE OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Rd. (T) Putnam Valley, TM #83.72 -1 -36 by a representative of this Department on June 3 and July 7, 2008. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rcbi�.idin.gaf.esisting disfosal,systema ,..Ati ?pplisatiien,is.enclosed. .. -. . .. ........- Failure to pump the septic tank immediately and further, to correct this condition by 1 uly_ 15, 2QQ8_wi1., make you liable for additional penalties provided by law, including prosecution'on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita AmIer, MD Commissioner o fir. -- By: William Hedges Senior Public Health Sanitarian WH:lm Enc: Permit Application Environmental Health (845) 278 -6130 Fax (845) 278 -7921 cc:. BI(T)Putnam ValleyWater Supply Section (845) 225 -5186 Fax (845) 225 -5418 MAB Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /Preschool (845) 278 -6014 Fax (845) 278 -6648 / /1'e 1-lelp, SHERLRT'A AMLER, MD, MS, FAAP Commissioner of Health ;•o;i":. E:'!TA" M '�.�'u F't`�'F'aAI' :iI6iV Associate Commissioner of Health DEPARTMENT OF HEALTH .1 Geneva Road, Brewster, New York 10509 ROBERT,➢. BONDS County Executive ROBERT MORRIS, PE Director of Environmental Health CERTIFIED RETURN RECEIPT REQUESTED Tina DeFillipis Angela Denisco 13 Pleasant Rd. Putnam Valley, NY 10579. PLEASE RETURN CORRESPONDENCE TO: NAME: William Hedges TITLE: Senior Public Health Sanitarian PHONE: (845) 278 -6130 Ext, 2168 DATE: October 31, 2008 OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Dr. (T) Putnam Valley, TM #83.72 -1 -36 by a representative of this Department on October 30, 2008 It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. - _. .. �ilure -to Yurnp,, ili— egti[c- uhtik'imiriediately arid- fiirtliei-,­ to correct this condition by November 30, 2008 will make you liable for additional penalties provided by law, including prosecution on a charge f committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Public Health Director Very truly yours, Sherlita Amler, MD Commier Health By: William Hedges Senior Public Health Sanitarian WH:Im Eric: Permit Application cc: BI(T)PV MAB Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention /Preschool (845) 278 -6014 Fax (845) 278 -6648 SHERLITA AMLER, MD, MS, FAAP Commissioner of Health LORETTA pAssociate Commissioner of Health Fm ROBERT J. BONDI County Executive e..., . ,�...:._ .. , _ ..... "ROBERT MORRIS, PE =, , • 4� -,. . , . Director of Environmental Health DEPARTMENT OF HEALTH Geneva Road. Brewster, New York 10709 To: r ✓,` w "1.9 't-la > Front: Fax: �j % `�` % 7 �js� Pages: (inciuding cover) Phone: %3 l ` // Date: %LL_ � � `,( i Re: /�Zo c �%� .� '� .�I,/ cc: a C Urgent G For Review G Please Comment ❑ Please Reply ❑ Please Recycle In the event of transmission /reception difficulties, please contact the environmental Health (EHS) office at (845) 27 &6130. Thank you. The information contained in this facsimile is confidential and is intended onn- for the use of the named addressee. If the reader of this message is nor the named addressee or the person responsible to delive,- it to the named addressee, >>ou are herein, notified that am. use of this facsimile or its contents. inchtdin; dissemination or copyrng is strictly prohibited. !f you nal)e received rhis iacsbm.i.e in error, Please immediately notifi, the Punnlem Cotrns. Department of'Health tiV teiephom at 6Z (845! t'8 - 30 and mad the original facsitnila rc us at the above addrESs. We will reimburse your telephone and postage pease or doing so. Thank you. iviv Fv. putitatncountyrrv.corn Environmental Health (845) 378 -6130 Fax (845; 378 -791-1 Water 5upoiy Section (8451225-5186 Fax (845'1'225-5418 Nursing Services (845; 378 -6558 Fax (845) 378 -6026 WIC (845; 378 -66'8 Nursing Home Care Fax (845)278 -608: Eariv Intervention /Preschool ;8-45? 378 -6014 Fax (845) 3''8 -6648 ti Ms. Anne Bittner Job Number: 420- 24917 -1 Putnam County Department of Health Sdg Number: NYS Lab ID #10142 1 Geneva Road Brewster, NY 10509 Client Sample ID: 13 Pleasant Dr Date Sampled: 02/1712009 1600 Lab Sample ID: 420 - 249'17 -7 Date Received: 02/18/2009 1545 Client Matrix: Water Analyte ResultlQualifier Unit RL RL Dilution Method: SM 9222B Date Analyzed: 02/18/2009 1620 Total Coliform Count >20000 H CFU /100mL 100 100 100 Method: SM 9222D ; Date Analyzed: 02/18/2009 1620 Coliform, Fecal 7600 H CFU /100mL 100 100 100 a 02/23/2009 0 06/ ?.6/2011 00:09 FAX C, 06/27/2011 12 :17 8456284550 CARMEL JUSTICE COURT fa 001/002 PAGE 02 TOWN COURT: TOWN OF CARMEL COUNTY OF PUTNAM: STATE OF NEW YORK .w nn----n------_--r--.._ ------------ - - - - -. --- -X ANGELA DENISC.O & TINA DeFELIPPIS, Plaintiffs, DECISION � 0RDElt napinst- HEKLA CONSTRUCTION, INC,, Defendant. -n-------_---_..- __---- __---- ._- i.7 ■---- ra-wn -- ------------------ X This is an action commenced by plaintiffs seeking an award of $3,000. Plaintiffs claim defendant failed to properly perform ceptic repair at their residence located at 13 pleasant Road, Lake Peekskill, New Yrok, Plaintiff seeks reimbursement of the repair bill plus costs to perform further repairs all of which exceed the jurisdictional limits of this Court. It is undisputed that defendant performed septic work at plaintiffs' residence in February/ March 2007 and was paid atipoxiriately $JO:dO. l'li 4intiffs he,dlroblen�Q including septic rising to the surface in their driveway and in basement. � I"re'vio'Usly'`t ey had their septic pumped every two years. The proposal prepared by klekla Construction was introduced into evidence setting forth the scope of the work to be performed, Defendant's witness testified that both he and the representative from the Health Department found rock ledge in the. septic area. The work performed by defendant was done with the approval of the Health Department and the wq d pass d the final izieptctiorl: ` Plaintiff s claimed the septic repairs were faulty and within 1 year they were experiencing the same problems. They claimed that the defendant failed to properly connect the pipes within the septic system and that the defendant negligently cut or disconnected pipes. Plaintiffs claim that septic is now rising in the area where the. junction box was installed by defendant and that the defendant failed to properly connect the pump up chamber to the septic systeni, Defendant claimed that the work done according to the proposal was to add on tv the existing septic system and that the 06/27/2011 12:17 8456284550 CARMEL JUSTICE COURT plaintiffs probiews were'ai 8 a result of the fact that it, was a very small lot and that there was a lot of ledge roc ' k in the area of the septic system. . The repadra were done properly and approved ultimately by the board of Health. No expert testimony was presented by the plaintiff in support of his cWrn that the work performed by defendant was improper or faulty. Upon consideration of the testimony of the parties and review of the cvidenoe, the Courtfulds that the pWntiffs have failed to prove that the repairs performed by defendant were improper or defective in any manner. No expert testimony was presented by plaintiffs in support of their claim. The evidence presented is insufficient to support a find�g of any negligence by defendant in the senpices performed. Accordingly, the Court finds is favor of the defendant and plaintiffs' claim is dismissed. 1,2, 2010 L J, Spofford, Jr. Entered by.- Lisa Laquidara Clerk to: Bon. Joseph J, Spofford, Jr. Dated: October 12, 2010 O Lisa Laq ara. 191 VV4/VVz PAGE 03 Date 5d �r- OL r 3" 1 7- ly(,- ya3 - ?VOL Remarks Complaint -Y Lq, C Je hql reV ilOvS i Y —D - - as vk)o ot)(Ild likc over c ct_ fc) c.gp—j . 08 ��s s rye a S S, M , v I3 �S*A5' la 4), Joe Xrwl/* l f C'r�s ter► S,064 �6 O)t*q -r �r 13 Cp o 6-4 . Date Remarks M. '5113, A of as L v Al� Bb, Lo Aws e4dev:2=� &L-wr go Poor,- S/4 4 _ Complaint - Date Remarks # 3 A 04 %i� r f If lic �h� � ld��YLY' o✓�L , �a ��✓ 4 ... ....s .� ems.... ......ra - -• ' " s .. .�- + d,s d-- 40 _ A- ►J 4 A) . Date Remarks M .•z..,: obi .ads/ r 414-10. 94 404 i ZIV cam, 5-A I A ILI In ,W I �� D s�►�.- d o-�� ✓l� x., `� S akt. 4D 4 D�a" OA IN �7 13 Ile'u"y /a /"IV Complaint Lo Date Remarks # lit d d.,dd C4, IV S Z- 4• Ell /Ielln el C19 A4-4-frl Cd< S AIVW- a4YOO ll -1,�'Ok- A4 IoN irew, COOP to c-eVL-qcAo u A J;�e AM-ta, A Iq Ski Siao V lqa -Y-V�- lit d d.,dd C4, IV S Z- 4• comolaintlAR Date Remarks # C� N4. 6 MR, I r� .. AdIll OWN i WAMIZA LON �JW 0 r I C� N4. 6 Comolaint Loe Date Remarks Pv. �- e - Ale 3, ,ri.. fN.S V, 466 Av r;s Jo p1.eaa,,,s4- Pte, o, Comalaint Log Date Remarks 5 Y 11 c �R.PX nrs..,► -:LA ,©@ S4- hi et�i �S7S o OS dwo /wad s o _ i �- ke 66 /y%fis 4 po ,PDb A /he A4.4�e -14A f uk!C -Isi . J�Sr Sl A 3 . 3 JO*S* "� � AWb ����i�sl ?E Joe Ar" A.D 16 cola -S 64 1 � 0 Date Remarks a cow taint Joy cr P41r -- C9 ag� t AR A mows a e 44,&Mt2, I S- gfi� LOI "S- 131 1 'S_ X'SCISS.4 &,x-r L to Gel COuLer 2",/44-f -gam S �+/' a 4 /b /544 4&s `gee`, �AAJ pow r,` e�►��� 51� 6 �io� �. ��� ��rs� b 0 Date Complaint Loy Remarks # 3✓� 3 A 'v� Y'O atZk- ' mot fe,� 1 S-/ lit A, ,-Al. �► a a r �N- a twtj i1f gr 44 .441�e Ccv,,pc,--jI o4e,40"" A4e_d A16o -sol id c1v&Aor S ddcWing IL 4,e %^ XO &I M IS, T't sed� &:�j elf A m 1 Date Remarks # df�- , ark Alf-mss; A, Ei ll il � pwzzl ..�5` 1�L Id f� Sam a b/ &"43 Joke- dvLv "Id �AlkP t0 CJJ ✓�O` CI.•�C SO -b4-k-. 4 ��� *IAA4Ve 10 �l�C a 50011" ComoIaint Loy Date Remarks # Lit It k `" ell, /Y. s e lv /'ten n C4 uric. Ol�icl2Cs l!/ n e a'Iu iv V-e- $ S I _ . Vey k9*� /0 C�411 ' .. .... .....- _ _ - •��' - - - irJt�.el'S:. .cam m - s.....� - - �- �li�•{,�, c,�, e � • cooiblo 6 AA" c l j5aot(A �-j w� wo l,� ".�Y °,,, .�uu... vat G-,c9 Lit It k `" ell, /Y. Date Comolaint Loe Remarks �lj ke�- IV cula $,S - - . . =.a Ir Fj av F FAR TM MUMD W.Ml- A ter.: I l 11 �lj ke�- IV cula $,S - - . . =.a Complaint Loy ,...._ .,............:- .....� .. ....: r -... ., •yea =- ,..' .., Date Remarks # *411A A r /�' %'i%"�'�i.t�,c.�iin -� � lu7(, �Zt�:m3� %�. �,- vtc�10'�b�,i „v.,.r�c.,,l� -1 �•FrwlK.; /Lt••k•c li�ciz:.,3k,',,�,p. �l l.. lvd 9F �n,5')^C.u�l^3 , .. ».,( (%,7 rt�rh $. � °wy.i ✓/+” i%"%"i 1�::. /�is:s fn- fpw�i4t lhc. �r"L /!�'.�,'...�. i.. e s 4s ,�R( le-l-1, sk-gy �s . 4-941-rca S - /�ri /!r 04.11 4f, fK-10, A Q.. u�� g lk �W► w Gres 2- 5-� Yr..,,Le � .•.; i �,.Le,>C. oN ". r �,,.C�.nYh�°✓IGiL.fl D +'►S �. k7 i r�.�a r � L7'1 J .....__ ...�fi�... _..��' Sa`�� � Pv�w•.��..� , l�ada.if . ..3 :�.�, tre�'�• 4.�--#L Fh::1 ✓ 4n5.-1e, AJ �lisC d Lvt�`G�'C KrA �n! 'dGr� 1rJ 7.rA^u'' V/ L.1/}'SGG1 , 1vYV 'j t^3 L. h ✓t 44s J1> t b� L'S,� Nti� fj1y:✓ /;M :.! '�cr+ t�x,�� 36�*.3 .�� no s v / (t J,-�j e4,e O'�' v r�� i�v►Y� Pere 5-1f i-5 :h *411A A r /�' %'i%"�'�i.t�,c.�iin -� � lu7(, �Zt�:m3� %�. �,- vtc�10'�b�,i „v.,.r�c.,,l� -1 �•FrwlK.; /Lt••k•c li�ciz:.,3k,',,�,p. �l l.. lvd 9F �n,5')^C.u�l^3 , .. ».,( (%,7 rt�rh $. � °wy.i ✓/+” i%"%"i 1�::. /�is:s fn- fpw�i4t lhc. �r"L /!�'.�,'...�. i.. Sheet _of_� PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEATLH SERVICES FIELD ACTIVITY' REPORT Street Town State Zip PERSON IN CHARGE OR TNTFRVI -E. T): Data: iV Z -'1Z// Name and Title r/ TYPE OF FACILITY: S }�,5i r-am `„ —L-5, "Arsuiz ,e,� i •, 1 Signature and Title RFPQRT RFCFTVFn BY.' I acknowledge receipt of this report: SIGNATURE: 02/96 Title: Rev. 0 Complaint Information Log # 05 -07 -19 Complaint Received 1/5/07 Rcvd via Telephone Time Received Anonymous FirstJOHN Address City PUTNAM VALLEY Last ALLEN BI (T)PV Received By Martin, Linda " 4 : Assigried To Rogan, Shawn State Zip Phone 845 -026 -2377 — Origin /Source of Complaint Origin /Source DENISCO /DEFELLIPPIS Address 13 PLEASANT RD. Phone 845 -528 -2132 Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is am — Complaint is Against Complaint - General Facility Address Sub -LHU Risk Level No risk assigned uompiamt Nature of Complaint Date Complaint Sewage exposure Status Resolved Resolved 2/20/07 Description SEPTIC LEAKING Page 1 of 1 ActionTaken SEPTIC AREA OBSSERVED LEAKING BY J. PARAVATI 1/5/07 1/8107 -PER J. PARAVATI, OWNER HAS CONTRACTED W /HEKLA CONSTRCTION TO REPAIR SYSTEM. APPT. DO DYE TEST MAKE FOR 3:OOP.M. ON 1/10/07 -.. 1110 /07 =DYE TESTED FIRST FLOOR BATHROOM 1/11/07- DYE REPORTED BY OWNERS AND VERIFIED BY B. HEDGES. 1 /12 /07 -NOV PREPARED 1/16/07 -NOV MAILED 1/23/07- RECEIVED CALL FROM TINA DEFELLIPPIS - SUBMITTING REPAIR PERMIT VIA MAIL TODAY - HEKLA IS PROPOSED CONTRACTER. R -024 -07 APPROVED, BUT ENGINEERS (J. PARAVATI) WANT TO OBSERVE DTH PRIOR TO CONSTRUCTION 2 /6 /07-J. DIGIT TO WITNESS DTH'S REPAIR PERMTI MODIFIED DUE TO DEPTH OF SOIL APPROVED AS MODIFIED FOR SHALLOW GALLIES. 2/13/07- REPAIR INSEPCTED AND COMPLETE - INSPECTED BY JOE DIGIT Date Printed May 04, 2011 Street _i �o n Mate Zip PERSON IN CHARGE 4r -4, OR TNTFR VIFWFT) -- g � �� lbte; Name d Title TYPE OF FACILITY : ;iii ✓5u l ✓4 but�r l(� Signatur and 'tle RFRORT RFC'FTVRT) BY: I acknowledge receipt of this report: SIGNATURE: 02/96 Title: Rev. Is � >Zzl �j N (C-� L Ul ct-�� c Lam__ c '�� "�L'-. Ri 1' Jul 23 11 02:31a P. 1 Gualt er! Const uctolm Corporation Excavation, Septic Systems, Drainage Problems Bill: Name: Angela Senisco Street: 13 Pleasant Road Town: Lake Peekskill N.Y. 10537 Scope of ➢ob: Septic system failing Recomendation: Phone: 646- 423 -7808 Date: 7/18/11 License #P.C. 3560 Site: Same 1. Excavate in front of foundation all the way to wall and below existing footing and backfill with clay to prevent sewage from leaching into basement. 2. Install new 750 gallon concrete pump tank and new pump with alarm. Set all floats and connect to existing septic tank 3. Remove existing galleys and clean. 4. Remove approx. 40 yards material from septic area. 5. Install and supply approx 40 yards of bankrun for new system. 6. Install new 1 1/2 inch pvc force from pump to new junction box. 7. Install galleys in three rows approx 6 feet apart with three new junction boxes. S. Backfill and - grade ...__...._._ 9. Replace existing gravel for driveway. 10. Remove any extra fill from site. cost: $ 9,800.00 Electric estimate for pump hook up Cost: $1,500.00 Total $11,300.00 *Contractor is not responsible for any damage to trees or bushes. *Contractor is not responsible for any damage to driveway due to trucks. *Contractor is not responsible for underground utilities such as Water lines, Electric lines, Gas lines, Dog wires, Leader lines, Cable wires. Gualdern Construcdou: X Angela Senisco C 0 34 Columbus Ave Putnam Valley iJX 10579 Cell Phone: (914) -760 -6344 Email gualtiericonst22 @aol.com ,. �.. - _, .., . .... .. � .. t � � � • . _ : . �L?�-aft:Repo.�-t..•9. -:�1� 1.1... , . �> .....� .. , ,. • s• : ; - .... �... . �..,:. .. Dear Ms. Bumgarner; The Department is continuing to investigate the septic repair approved by the Department on February 7, 2007. This report cannot be finalized at this time because there appears to be conflicting information that the Department is still trying to resolve, e.g., if groundwater is present at a depth of less than 2 feet as reported by a private contractor on or about May 19, 2011. The presence of groundwater could have a significant negative impact on the proper functioning of the SSTS. The Department's current understanding of what has transpired to date is as follows: A repair permit was approved by the Department on February 7, 2007. The repair was approved in the same location as the existing SSTS area. However, the SSTS repair approved by the Department did not show the galleys designed parallel to -••i %e contours. An -SS•TS that is riot - designed p-�fai`iel •fo •tiid contours .may not > ` function properly. In addition, the repair was approved with the proposed distribution box shown in an area that was at a lower elevation than the galley system. Typically, distribution boxes are located at the higher elevation location. A final repair inspection was conducted by the Department on February 13, 2007. It is a requirement of the Department that all SSTS repairs are not backfilled until a representative of the Department can conduct a final site investigation. The SSTS was partially backfilled and the Health Department inspector requested that the corners of the SSTS be exposed for inspection. The SSTS was not checked at that time by the Department to see if it was installed level. w a O-1May 24;..201.1 the system wa&' expos-ed and then - inspected` by Michael - Budzinski, PE, Director of Engineering and Joseph Paravati, PE, Assistant Public Health Engineer. It was found that the system was installed 8" out of level and 27" to 43" below grade. A galley system that is not installed level will not function correctly as the sewage effluent will not be dispersed properly. An SSTS installed at a depth greater than 6 " -12" typically does not promote evapo- transpiration and reduces the opportunity for oxygen exchange at the active infiltrative surface. On 2/13/2007, neither of these conditions (i.e., depth and pitch) was recorded by the Department representative making the final inspection of the SSTS repair. Site constraints and negative impacts not associated with the SSTS installation are as follows: o There may be groundwater at a depth less than two feet in the SSTS area. o There are 7 people living in the house (3 adults and four children). o Site conditions severely limit the size of the SSTS that can be installed o Cars are parked on the SSTS. This. would compact: the soils and likely negatively affect the proper functioning of the SSTS. o The pump used to raise the effluent is a sump pump and not a sewage effluent pump. o The pump chamber is not watertight ® There was /is a drainage pipe from the basement connected to the pump chamber. Department representatives will be available to discuss this issue, please contact me to arrange a mutually suitable time. Yours truly, e W U. Rob _ .. r . ....:. . Additional notes for reference added 1 -9 -12 1/7/07 Sewage complaint received log # 05 -07 -19 1/17/08 Sewage complaint received log # 019 -08 -19 1/18/08 ONONC (Official Notice of Non - Compliance) issued by the Department. 2/5/2008 ONONC issued by Department 2/7/2007 SSTS Repair Heckla Construction J. Paravati notes to notify PCDOH before backfilling 2/13/2007 Final inspection of SSTS repair 6/5/2008 ONONC issued by Department 7/8/08 ONONC issued by Department OM014C issued by Department - J ARRQ V.y EXCAVATING, INC. Septic S- ervice t 22-0L0 1 +'v t%-rw, . AD Hopewell Jot., N.Y 12533 C,r- 4, L- 48q s) 611.0OZY Hopewell Jct. (845) 227.4505 MO.- l® 1-1 —2.0tt Oats 0 p0ans: % % -1(- 2 4 D IV xovl� dt ti -, Finish date: (Proposed The undersigned contractor proposes to furnish all materials and perfom all labor necessary to complete Worm the following: = &(AyA %~ iA s5rdn17' ®f AP, AAg wl 7-o av aV-1- AP-16L j EY!5i374,.j t f"Tfrj, t f C. w j+ G y RUA %a ® t� 8 ctltn L - ft% tip "to e/t r _Mon Ault x0i BA5'e-Nm- Alarm— Re"Oq (Price All of t e above work to be completed In a substantial and workmanlike manner according to standard -. radices for the sum.oi: _ - ollar [PaymeMe Payments to be made as follows: S S. S60 ° To 57n x - 52 0f :30 �t��°; �,a�� eat �, 9 oot'-j. Note: THIS PROPOSAL MAYBE WITHDRAWN BY US IF NOT EXCEPTED WITHIN DAYS. THE OWNER MAY WITHDRAW UP TO 3 DAYS AFTER THE SIGNING DATE. ChangeS Any change from the above specifications involving extra cost of material or labor will only be excuted Entry upon written orders for them. There will be extra charges for changes. chuges All agreements about changes must be made in writting. A,C,.S,a LaQ.aWli~ .4 9 *8- P.C.H.D. License# 172 ¢ IR oQ 11�&vA4twd - W.C. License# WC- 13700 -1400 tractor W.C. S. 1. License# 00143 By I '.. � TO THE CONTRACTOR: Acceptance ' You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which I (We) agree to pay the arnount mentioned in the proposal to its terms. ACCEPTED BY BUYER(a) on a0� Buyer Additional Agreement Provisions on Reverse 8uy+ar TO 39Vd ONIOX3M0i'ldV 9E09ZZZSPB 6E:ET TTOZ /0T /TT 11/ 1CJ/ Lull 1J. J7 1 040ZZ /b4Jb ANKUWLAU1NU P.RO /ISONS UFIFfE'AGREEMEN'T t Aut Ole All areas disturbed by excavation during construction shall be backfilled, graded to the best of ability, and raked with material excavated. Settling of the areas graded is to be expected as a normal part of the construction process. These settled areas, depressions, wheel markings or other damages caused by ingress or egress of construction equipment shall become the responsibility of the prop- erty owner. THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY UNDERGROUND UTILITIES OR ANY OTHER BURIED OBJECTS OR ANY LOSS OR DAMAGES CAUSED BY PERSONNEL OR EQUIPMENT. TO OR BY SUCH BURIED OBJECTS WHETHER THE CONSTRUCTION TASKS ARE DIRECTED BY THE PROPERTY OWNER, CONTRACTOR OR OTHERS, EXCLUSIONS: sales tax, rock and water excavation The design for this proposed sewage disposal system has been arrived at by economic and /or other factors beyond the contractors control. A detailed study would have to be conducted of all conditions including but not limited to daily wastewater flow, site, soil conditions, and available property area for the properly designed sewage disposal system. The contractor shall not be responsible for any conditions that change on, in, under or around the project site after completion of the project that effect the operation of the septic system. If at some future date any proportion of this proposed septic system is deemed sub - standard by any person, body, agency or others, the owners is solely responsible for that.condition. All workmanship shall be guaranteed two year from the date of installation and all materials are guaranteed by manufacturer only. The property owner is fully responsible for any failure of this septic system, from the date of installa- tion, which is caused by conditions, known or unknown to exist at the time of construction which are beyond the contractors control. Any deviation form the aforementioned agreement must be clearly stated on the original proposal or any contract change order. Any statement on the proposal or any contract change order shall super- sede those attachment 1. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. / +V/ V11 • Jr VTJS..�. VTJV niv��w�rwl i 7v r-wut nd r° Xslra���t lea ©�, !mil w 750 Goad tie e /-ti gRoUl EXC., —T—N C, ARROW EXCAVATING, INC. Sceptic Servlce Suyer(s) To: ' t,0 Location: Proposed Work r A •r • dw Li- 05) W -9011( ._HoR weU.lct..._ -(A4S) 2?7.45G15 Mohegan (914) 528 -4895 PROPOSAL AND CONTRACT Date: 1\ - 1-1 - Zo i % Date of plans: 1 t— I L— zo t t Start work date: p, SA p T Finish date: The undersigned contractor proposes to furnish all materials and perforn all labor necessary to complete the following; —a 'LL Jr15Iro.I t 17-& YVC. '+c,,rie myt&x t.Klaggt!j I. f -me Wei'Tlrs GA iq kr-�2�uD� ,TuSTa11 4o0k1es 'Xrµ 3 Rows ����}tet,►Ttr. ��{� I" WAsW-1 .$1000 Tb Im sal A `1 ma a s Dosra aV Gptlre ti l-v Re: 50iert%%sWcJ By R.C. H.U. Price Al , of, a above work to be completed in a substantial and wo manlike manner aocording to standard :..:._.:. _ . _....�:pcacti�e4.tor: the.. sG+ m. af: �l: otF�:.��r:�,��A11•c�:�Q���re.: �i�a�r .�Oo!Igrs(�' -. ►. � �,.. . . Payments Payments to be made as follows- S S . ado' —ro 5" Tw rLT . &Q66 Note: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT EXCEPTED WITHIN_,57 _DAYS. THE OWNER MAY WITHDRAW UP TO 3 DAYS AFTER THE SINNING DATE. Changes Any change from the above speoificaNns involving extra cost of material or tabor will only be excuted Extra upon written orders for them. There will be extra charges for changes. Charges All agreements about changes must be made In writting. P, C. S, l U t -filk'4 1411 P.O.H.D. License# 172 R XCnVAiN W.C. License# WC- 13700 -1-103 tra�or W.C.S.I. License# 00143 gy�" -��' e ' '►`� TO THE CONTRACTOR: Acceptanoe You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which 1(We) agree to pay the amount mentioned In the proposal to its terms. ACCEPTED BY BUYER(a) on 20 x Buyer Buyer Additional Agreement Provisions on Reverse TO 39Vd 3NI0X3M0d6V 9609LZZGPB GC :CT TTOZ /0T /TT 11/10/2011 13:39 8452276436 ARROWEXCINC PAGE 02 PROVISIONS OF-THE AGREEMENT All areas d1sturbed by excavation during construction shall be backfilled, graded to the best of ability, and raked with material excavated. Settling of the areas graded Is to be expected as as normal part of the construction process. These settled areas, depressions, wheal markings or other damages caused by ingress or egress of construction equipment shall become the responsibility of the prop- erty owner. THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY UNDERGROUND UTILITIES OR ANY OTHER BURIED OBJECTS OR ANY LOSS OR DAMAGES CAUSED BY PERSONNEL OR EQUIPMENT. TO OR BY SUCH BURIED OBJECTS WHETHER THE CONSTRUCTION TASKS ARE DIRECTED BY THE PROPERTY OWNER, CONTRACTOR OR OTHERS. EXCLUSIONS: sales tax, rock and water excavation The design for this proposed sewage disposal system has been arrived at by economic and /or other factors beyond the contractors control. A detailed study would have to be conducted of all conditions including but not limited to daily wastewater flow, site, soil conditions, and available property area for the properly designed sewage disposal system. The contractor shall not be responsible for any conditions that change on, in, under or around the project site after completion of the project that effect the operation of the septic system. if at sorne future date any proportion of this proposed septic system is deemed sub - standard by any person, body, agency or others, the owners is solely responsible for that condition. All workmanship shall be guaranteed two year from the date of Installation and all materials are guaranteed by. manufacturer only. The property owner is fully responsible for any failure of this septic system, from the date of installa- tion, which is caused by conditions, known or unknown to exist at the time of construction which are beyond the contractors control. Any deviation form the aforementioned agreement must be clearly stated on the original proposal or any contract change order. Any statement on the proposal or any contract change order shall super- sede those attachment 9. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. 11'l10/2011 13:39 8452276436 ARROWEXCINC syN GALA�n 4� 60au Sept �cr �i'P� t J e.W 75ra 4,0944 Tom? r—Wgyn 6r PAGE 03 e t.Aa t cm- Me* 6w DB 'vJ f A R-ROW EX3 ZN (- g. O cn C\j luc : ek. . �o Hippew911 Jct. ����� Mohegan � 845- 227 -4505 914- 528 -4395 EXCAVATING, INC. SEPTIC SERVICE To: 'T.0 *I- �� From: lk-m-- 2u 6r J Date: 1k- 1 - 241l t Comments:_ 0 f- v %'l IL b 1 "\.e- �'e r M , _ Number of pages incl. Cover The following facsimile may contain information which is r privieged, confidential or otherwise exempt from.disclo- sure under applicable law and is intended solely for the use of the named recipient. If you are not the intended recipient or delivering this to the intended recipient, do not distribute or duplicate. If you received this in error please call us at one of the above listed phone numbers. 15 Avalon Court • Hopewell Junction, NY 12533 TO 39dd 0NIOX3M066V 9Eb9LZZSVB 9E:E1 TTOZ /01/1T Septic Service ..Hopewell Jct., N.Y. 1253.3 e,,_Ld- `eqA 62-1 -o07-Y Hopewell Jct. (845) 2274505. . Mohegari ° "` (914) "584395 ...v.. Date: %\ - _101a Date al p9ans: p %- U.-zowl iii wut doff: (� , A finish date: Propond The undersigned contractor proposes to furnish all materials and perforn all labor necessary to complete Work the following: 101 t ���a. lip V C 1.0'r 64L. M A MN � 1 t 14 b.e 2 �ee•c�[rr0 r�'D� r�l ��, e�t��p� 0% -QLt ,1 ,eat �`��s 015 dgFh4lles a V-0%jeure -1 Wu4' -'Me'T Brice. _.. . -- All.of.I a alove.awork to §e. completed in a substantial and workmanlike manner. according .to sgeandar :....._�.. practidaldr the sum of °� ��,g �,d �2 �� � � Dollars Payments Payments to be made as follows, rr ��, Fes, � '' .� r • 1 t c;PAA —_ Note: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT EXCEPTED WITHIN DAYS. THE OWNER MAY WITHDRAW UP TO 3 DAYS AFTER THE SIGNING DATE. Changea Any change from the above specifications involving extra cost of material or labor will only be excuted Extra upon written orders for them. There will be extra charges for changes. Charges All air ®ements about changes must be made in a+ritiing. ARk P.C.H.D. License# 1721�q�� 4 W.C. License# WC- 13700 -H03 ractor W.C.S.L License #00143 t3y �,.` �� TO THE CONTRACTOR: ACTORt: Acceptance You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which I (We) agree to pay the anmunt mentioned in the proposal to its terms. ACCEPTED BY BUYER(s) on 10 39dd 20 Buyer Additional Agreement Provisions on Reverse ONIOX3MO�INV 9609LZZSPB Buyer GE:CT TTOZ /OT /TT 11/1 1 8452 ARROWEXCINC PROVISIONS OP-THE AGREEMENT PAGE All areas disturbed by excavation during construction shall be backfilled, graded to the best of ability, and raked with material excavated. Settling of the areas graded is to be expected as a normal part of the construction process. These settled areas, depressions, wheel markings or other damages caused by ingress or egress of construction equipment shall become the responsibility of the prop- erty owner. THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY UNDERGROUND UTILITIES OR ANY OTHER BURIED OBJECTS OR ANY LOSS OR DAMAGES CAUSED BY PERSONNEL OR EQUIPMENT. TO OR BY SUCH BURIED OBJECTS WHETHER THE CONSTRUCTION TASKS ARE DIRECTED BY THE PROPERTY OWNER, CONTRACTOR OR OTHERS. EXCLUSIONS: sales tax, rock and water excavation The design for this proposed sewage disposal system has been arrived at by economic and /or other factors beyond the contractors control. A detailed study would have to be conducted of all conditions including but not limited to daily wastewater flow, site, soil conditions, and available property area for the properly designed sewage disposal system. The contractor shall not be responsible for any conditions that change on, in, under or around the project site after completion of the project that effect the operation of the septic system. If at some future date any proportion of this proposed septic system is deemed sub - standard by any person, body, agency or others, the owners is solely responsible for that condition. All workmanship shall be guaranteed two year from the date of installation and all materials are guaranteed by manufacturer only. _ The property owner is fully responsible for any failure of this septic system, from the date of installa- tion, which is caused by conditions, known or unknown to exist at the time of construction which are beyond the contractors control. Any deviation form the aforementioned agreement must be clearly stated on the original proposal or any contract change order. Any statement on the proposal or any contract change order shall super- sede those attachment 1. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. 11/10/2011 13:39 845227b4Jb AN G,eLo, Oic 6VA&M StO %c- ,Q (E-LJ 750 40A04 Tom? dwqyn�r — p 19% NCL V P jr- r ri li 6 Lm� t cg- mzou pj�w 4 e- Ow-f ELIL �S�6lo�..l LXC, ANC. 11/10/2011 13:39 Hopewell Jct. 845- 227 -4505 8452276436 ARROWEXCINC PAGE 04 ARROW Mohegan 914- ,528-4395 EXCAVATING, INC. SEPTIC SERVICE To: -�_e-T-O-UoAtf Pax.--. —3 qZ1 From:.- It —2U 6rcJ Date: I� - t - -ZO1A Comments : .,_.Jq .._.Zl?�a CL .'�� ��a �. r . 0 -r,'�. Number of pages inch,. cover The following facsimile may contain information which is • privieged, confidential or otherwise exempt from,disclo- sure under applicable law and is intended solely for the use of the named recipient. If you are not the intended .recipient or delivering this t-o the intended recipient, do not distribute or duplicate. If you received this in error please call us at one of the above listed phone numbers. 15 Avalon Court • Hopewell Junction, NY 12533 • ► JENNIFER S. BUMGARNER e County Attorney Aping Risk Manager ANDREW W. NEGRO''- First Deputy County Attorney ROBERT A. NOAH Senior Deputy County Attorney MEMORANDUM DEPARTMENT OF LAW TO: Rebecca Wittenberg Health FROM: Maureen Bernard Special Assistant to the County Attorney RE: Arrow Excavating, Inc. 11 -0219 DATE: March 23, 2012 ADRIENNE L. SPADACCINI Senior Deputy County Attorney SANDRA M.FUSCO ` Deputy C6unry Aaurney DANIELLE M. HARRIS Deputy County Attorney Enclosed please find a copy of the fully executed contract which has been signed by all requisite Putnam County officials. Kindly forward the enclosed contract to the above - referenced contractor and make a copy for your files if you deem it necessary. If you have-any further questions regarding the above, please do not hesitate to. contact Ene. / cc: Rob Morris (copy of agreement attacbed) William Carlin, Commissioner of Finance (data sheet encl.) Michele Alfano- Sharkey, Auditor (data sheet encl.) 48 GLENEIDA AVENUE, CARMEL, NEW YORK 10512 Tel. (845) 808 -11501 Fax (845) 808 -:903* *This office will not accept service via f acsimile � � o { .F-. .`+- <... .. - ., •o. ... _• .. -. - � -a s. a .: •--- -rev' -�.':� e. _�'�.U��7Ma$t# '����.�� s -a ... :� Professional Services Agreement Between THE COUNTY OF PUTNTAM and ARROW EXCAVATING INC. THIS AGREEMENT, made the P day of , 20LO-by and between THE COUNTY OF PUTNAM, a municipal corporation of the State of New York, having an office and place of business at 40 Gleneida Avenue, Carmel, New York 10512, by and through its Department of Health, (hereinafter referred to as the "COUNTY ") and ARROW EXCAVATING INC., doing business as a corporation, located at 22 Drover's Lane, Dover Plains, New York 12522 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the COUNTY desires to contract with CONTRACTOR to famish all labor and material to provide septic repair services as more fully described herein; and WHEREAS, CONTRACTOR has the personnel with the necessary qualifications, experience_ and education, arid. the resources. and/or facilities to provide the. services- desired,by -- _ the COUNTY. NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows: FIRST: The COUNTY has the necessary funds to pay CONTRACTOR under, but not limited to, budget line 10193000 - 54933. SECOND: CONTRACTOR agrees to furnish all labor and materials to provide septic repair services to the Subsurface Sewage Treatment System located at 13 Pleasant Road, Putnam Valley, New York 10579, as more fully described in CONTRACTOR'S "Proposal and Contract" 1 dated November 17, 2011, a copy of which is attached hereto and made a part hereof as Schedule "A ". Such repair services shall include, but not be limited to: a. Excavation in front of foundation -all the way to wall and below existing footing and backfill with clay or membrane to prevent sewage from leaking into the basement. b. Install a new 750 gallon pump tank, pump, floats and audiovisual alarm. c., Remove existing galleys and clean. d. Fill trenches with run of bank. e. Install pvc force main and supply licensed electrician to connect. f. Install new galleys in three rows with washed stone to be placed on the sides of the galleys and covered with filter fabric. g.' Backfill and grade. h. Replace existing gravel for driveway and remove any extra fill from the site i. Upon the COUNTY'S request, dose the galleys Electrical connection for pump. THIRD: CONTRACTOR agrees that it will at all times faithfully, industriously and to the best of its ability, experience and talents perform all of the duties that may be required of and from it pursuant to express and implicit terms hereof, to the reasonable satisfaction of the COUNTY. FOURTH: The term of this Agreement will commence upon execution and will terminate upon completion of the work described in paragraph "SECOND ", but no later than six (6) months from the date of execution, unless otherwise terminated in accordance with paragraph "NINTH" hereof. 2 i FIFTH: For the services provided in paragraph "SECOND ", CONTRACTOR will be paid $5,500.00 upon assignment of work by the COUNTY and $5,800.00 upon completion of the work, in accordance with Schedule "A ". In no event, however, shall the maximum compensation paid to CONTRACTOR for services rendered pursuant to this Agreement exceed $11,300.00. Any and all requests for payment to be made will be submitted by CONTRACTOR on properly executed claim forms (or invoices) of the COUNTY and paid only after approval by the Department of Health's Public Health Director his/her duly authorized representative (hereinafter referred to as "Director ") Prior to the making of any payments hereunder, the COUNTY may, at its option, audit all files and disbursement records of CONTRACTOR as are reasonably pertinent to this Agreement to substantiate the basis for payment, including but not limited to CONTRACTOR'S records of its financial transactions with the COUNTY. CONTRACTOR'S files and records shall be kept _ in accordance with sound accounting practices and each transaction shall be fully documented. Should COUNTY request such files and records, CONTRACTOR shall provide the files and records to the County Auditor or his/her authorized representative, as well as to the County Commissioner of Finance, or his or her duly authorized representative, within ten (10) business days of the COUNTY'S request. SIXTH: CONTRACTOR agrees not to hold itself out as an agency, department or office of the COUNTY, nor shall any of CONTRACTOR'S officers, employees or agents make any claim against the COUNTY as an officer or employee thereof for such benefit as workers compensation coverage; unemployment insurance benefits, social security coverage or retirement 9 r ' membership or credit or any other benefits accruing to said officers or employees of the COUNTY. SEVENTH: The work to be performed pursuant to the terms of this Agreement will commence promptly upon assignment of a matter to CONTRACTOR by the Director and shall be conducted in the best interest of the COUNTY. EIGHTH: It is understood and agreed by and between the parties hereto that the services to be rendered by CONTRACTOR in performance of this Agreement are a material element of this Agreement. Any failure to provide such services will be deemed a material breach and this Agreement will terminate in accordance with the provisions in paragraph "NINTH" hereof. No substitution of the services of CONTRACTOR by another will be permitted during the term of this Agreement without the express written consent of the COUNTY. NINTH: The COUNTY, upon ter. (10) days notice to CONTRACTOR, may terminate this Agreement in whole or in part when the COiJNTY deems it to be in its best interest. In such event, CONTRACTOR will be compensated and the COUNTY will be liable only for payment for services already rendered and expenses incurred under this Agreement prior to the effective date of termination. CONTRACTOR, upon thirty (30) days notice to the COUNTY may terminate this Agreement in whole or in part when CONTRACTOR deems it to be in its best interest. In the event of a dispute as to the value of the services rendered by CONTRACTOR prior to the date of termination, it is understood and agreed that the Director will determine the value of such services rendered by CONTRACTOR. Such reasonable and good faith determination will be accepted by CONTRACTOR as final. 4 t TENTH: per Any orted delegation of duties or assignment of rights under this Agreement without the prior express written consent of the COUNTY is void. CONTRACTOR will not subcontract any part of the work without the written consent of the COUNTY. ELEVENTH: CONTRACTOR will comply, at its own expense, with the provisions of all applicable state and municipal requirements and with all state and federal laws applicable to CONTRACTOR as an employer of labor or otherwise. CONTRACTOR will further comply with all rules, regulations and licensing requirements pertaining to its professional status and that of its employees, partners, associates, subcontractors and others employed to render the services hereunder TWELFTH: No discrimination by CONTRACTOR will be permitted during the performance of this Agreement with respect to race, religion, creed, color, national origin, sex, age, handicap, political affiliation. or beliefs. THIRTEENTH: In addition to, and not in limitation of the insurance requirements contained in Schedule "B" entitled "Putnam County Insurance Requirements," attached hereto and made a part of this Agreement, CONTRACTOR agrees, to the fullest extent permitted by law, to protect, defend, indemnify and hold the County of Putnam and its officers, employees and agents free and harmless from and against damages, costs, or liabilities arising out of or relating to or in connection with or arising directly out of the negligent performance of this Agreement by the CONTRACTOR, unless the liability was created by the sole and exclusive negligence of the County of Putnam. CONTRACTOR further agrees to pay for the cost of defense related thereto, even if it (claims, etc.) is groundless, false or fraudulent. FOURTEENTH: The failure of the COUNTY to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver 67 or relinquishment for the future of such term of condition, but the same shall remain in full force and effect. No waiver by the COUNTY of any provision hereof shall be implied. FIFTEENTH: All notices of any nature referred to in this Agreement shall be in writing and hand delivered or sent by registered or certified mail postage pre -paid, 'to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing: To the COUNTY: To CONTRACTOR: COUNTY ATTORNEY 48 Gleneida Avenue Carmel, New York 10512 ARROW EXCAVATING INC. 22 Drover's Lane Dover Plains, New York 12522 All notices shall be effective on the date of mailing. SIXTEENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. It will not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. SEVENTEENTH: This Agreement will be deemed executory only to the extent of the monies available to the COUNTY for the performance of its terms and no liability will be incurred by the COUNTY beyond the monies so available. EIGHTEENTH: This Agreement will be construed and enforced in accordance with the laws of the State of New York. Any and all disputes and /or legal actions or proceedings arising out of this Agreement shall be venued in Putnam County, New York. 0 NINETEENTH: This Agreement is executed in two (2) counterpart originals, each of which will constitute an original and all of which, when taken together, shall constitute one Agreement. TWENTIETH: CONTRACTOR is required to provide the following documents to the COUNTY before this Agreement will be finalized and/or executed by the COUNTY, and before the COUNTY will approve any voucher /invoice submitted for payment by CONTRACTOR: 1. "Request for Taxpayer Identification Number and Certification" form (IRS Form W -9). 2. "Notice of Application to Certify Compliance with Federal Law" and "Affidavit of Compliance," in accordance with the provisions of S U.S.C. §1324a and Chapter 134 of the Putnam County Code. In the event that CONTRACTOR subcontracts any part of the work under this Agreement in accordance with paragraph "TENTH" herein, CONTRACTOR sball provide the COUNTY -with a completed "Notice of Application to Certify Compliance with Federal Law" and an "Affidavit of Compliance" for each and every subcontractor hired to perform work under this Agreement. 3. Appropriate Certificate of Insurance, in accordance with paragraph "THIRTEENTH" of this Agreement and the requirements contained in Schedule `B ". 7 ~ IN WITNESS WHEREOF, the parties have executed this Agreement in Carmel, New York, on the date hereinabove set forth. READ & APPROVED: tAcg to umg arner e Manager `� 1 Date enni r S. B garner Cou ty Attorn6y D 3 2r3 ate 12 William J. tarlin, Jr. Commissioner of Finance r THE COUNTY OF PUTNAM: aD &at aryEllen Odell County Executive 9kL"eR ate / Rib6cca Wittenberg. Public Health Director lDate �..� A 45 -2e)/L Arrow Exiva'Img Inc. 22 Drover's Lane Dover Plains, New York 12522 Please Print Name & Tit e S ACKNOWLEDGMENT OFPUTXAM COUNTY: STATE OF NEW YORK ) ) ss.: COUNTY OF PUTNAM ) On this day of , 20 O before me personally came MARY ELLEN ODELL to me known, wh4bing by me duly sworn, did depose and say that she is the County Executive of Putnam County, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; and the same was affixed to said instrument under authority of the Pu County Charter and that he signed his name thereto under the same authority. Public ` NAUR WIDWy pubk of New yolk NO.01BEGIO9398 Com 1.00 in � m o�, Mav 10, 20 ACKNOWLEDGMENT OF CONTRACTOR: STATE OF NEW YORK ) ss.: COUNTY OF On this 2� day of 20L before me personally came 111077¢Y D, -7- P1 to me known and known to me to be the person described in and who executed the foregoing instrument and he acknowledgp*to me that he executed the same. 2 Notary ERIN SPAHN Notary Public, State of New York Reg. No. 01SP6130213 putchess County Commission Expires July 11, 20 l7 SCHEDULE RA7 'ARROW EXCAVATING, INC. Septic Service Hopewell Jct., N.Y. 12533 Buyers) To: CO �..A� P r ski LL, A Y--,..,, Location: 105) W oozy Hopewell Jct. (845) 227 -4505 Mohegan (914) 528.4395 PROPOSAL AND CONTRACT Date: 1% i Date of plena: It -1 L- 2a o Start work dote: a g Finish date: Proposed The undersigned contractor proposes to furnish all materials weed Orfom all labor necessary to complete Work the following: x 1� ' !1��'.�l ■Y�'ivL� �y .� � �.. ��T7i7.�i?���7ff'!� "1'.1 �. • �2T� KA Price All of the alive work to be completed in a substantial and wo manllke manner aocordlno to standard - - ...._. - -- _:. ;.� %t�ICe$`f0,r.t.�1 �Uro a!: �_ �! � Ooliare (� -�• • '?'may °' • • �.- - payments Payments to be made as follows: & 5-136o -ro _S TA xT , $ 966'' NOte: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT EXCEPTED WITHIN _DAYS. THE OWNER MAY WITHDRAW UP TO 3 DAYS AFTER THE SIGNING DATE. Changes Any change from the above spegifioativns Involving extra 0081 of material or labor will only be excuted EMS upon wrpten orders for them. There will be extra charges for changes. Charges Ali agreementa about changes must be made in writdrtg. !,►� Acs, .fdk o 101-1 P.O.H. o. Licenee#172 A xcnva4i. W.C. Ucense# WC- 13700 -H08 Ira= W.C.S.I. Llcense# 00143 ey 1 TO THE CONTRACTOR: Acceptance You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which I (We) agree to pay the amount mentioned in the proposal to Re terms. ACCEPTED BY BUYER(a) an qp Buyer • Addhional Agreement Provisions on Reverse Buyer TO 25vd ONIDX3MON6V 9E09LZZ908 6E.ET TTOZ /01/11 11/10/2011 13:39 8452276436 ARRCWEXCINC PAGE 02 ti A r'..: r Al T THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY UNDERGROUND LMLITIES OR ANY OTHER BURIED OBJECTS OR ANY LOSS OR DAMAGES CAUSED BY PERSONNEL OR EQUIPMENT. TO OR BY SUCH BURIED OBJECTS WHETHER THE CONSTRUCTION TASKS ARE DIRECTED BY THE PROPERTY OWNER, CONTRAOTOR OR OTHER& EXCLUSIONS: sales tax, rock and water excavation The design for this proposed sewage disposal system has been arfivad at by economic and /op other factors beyond the contractors control. A detailed study would 1181V6 to be conducted of all conditions including but not lirNted to daily wastewater flow, site, soil conditloos, and available property ana for the properly designed sewage disposal system. The contractor @hall not be responsible for any conditions that change on, in, under or around the project site after completion of the project that effect the operation of the septic system. N at sort future date any proportion of this proposed septic system is deemed sub - standard by any person, body, agency or others, the owners is Solely responsible for that condition. All workmanship shall be guaranteed two year from the date_ of InsWiatlon and all materlals are quarentead by manufacturer only. The property owner is fully responsible for any failure of this septic system, , from the date of installs- tion, which is caused by conditions, Known or unknown to VoR at the time off constrwtion which are beyond the contractors control. Any deviation form the aforementioned agreement must bo clearly stated on the original proposal or any contract change order. Any statement on the proposal or any contract change over shall super- sede those attachment t. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insuranoo. Our workers are fully cowered by Workman's Compensafion Insurance. 11110/2011 13,39 6452276436 ttnl;5N4-1� 1140c) 6okkam scok %C 11W4 —. Mew 7se9 44414 ARROWEXCINC PAGE 03 e. or MqK 14► q4ww Ry TD _TJ yCewwe.�� AB 0- cxlf�lplo, so W--a A RROW EX� -T-N C 2/10 SCHEDULE "B" PUTNAM COUNTY INSURANCE REQUIREMENTS THE FOLLOWING MUST APPEAR ON EACH INSURANCE CERTIFICATE: UNDER THE CERTIFICATE HOLDER SECTION: COUNTY OF PUTNAM 48 GLENEIDA AVENUE CARMEL, NEW YORK 90592 ATTN.: LAW DEPT.IRISK MANAGER ADDITIONALLY, IN THE SPACE (DESCRIPTION OF OPERATIONS/LOCATIONS) ON THE INSURANCE CERTIFICATE, IT MUST BE NOTED AS FOLLOWS: " PUTNAM COUNTY IS INCLUDED AS AN ADDITIONAL INSURED except for Professional Liability and Workers' Comp." It is the requirement of the County of Putnam and /or Putnam County Highway Department that for work performed under contract and /or permit authorized by the County and /or Highway Department and /or any event or performance conducted on county property that the contractor or permitee procure and maintain at their own expense and without expense.to the County, until final acceptance of the work by the County, the insurances listed below. Before commencement of any work, event or performance a certificate or certificates of insurance must be furnished to the county and /or highway department in forms satisfactory to the County and /or Highway Department. All insurance coverages must be from an A.M. Best Rated "secured" (B + -A + +), New York State admitted insurer, All `certificates'of" insurance must provide that the policy or policies shall riot be changed or canceled until at least thirty (30) days prior written notice has been given to the County and /or Highway Department.. When required by the Highway Department the "XCU" exclusion of the policy or policies shall be eliminated or show proof that "XCU" is covered. The Contractor shall provide and maintain at its own expense the following minimum insurance coverage: A. Workers' Compensation -- Statutory - covering all operations and all locations involved in the contract. (Also New York State Disability Benefits.) B. Commercial General Liability - covering all operations and all locations involved in the contract, including the following coverages: $2,000,000 General Aggregate 5,000 Medical Expense Limit $1,000,000 Personal Et Advertising Injury Limit $1,000,000 Each Occurrence $2,000,000 Products/ Completed Operations Aggregate $ 50,000 Fire Damage Legal Liability Limit 2/10 C. Commercial Automobile Liability - Covering all operations and locations involved in the contract, including the following coverages: (1) Owned Automobiles (2) Hired Automobiles (3) Non -Owned Automobiles Unless specifically required, each policy shall provide limits of not less than $1,000,000 Combined Single Limits for Bodily Injury and Property Damage. D. If applicable, Professional Liability (errors and omissions) in the amount of at least $1,000,000 per claim. E. Excess Liability or Umbrella Policy Limits depending on the following contract size $100,000 - $250,000 - 1 million $250,001 - $500,000 - 5 million $500,000+ 10 million F. Bid, Performance /Payment. Labor & Material Bonds Required for any contract in excess of $250,000. These bonds shall be provided by a New York State admitted surety company in good standing. 2/10 STANDARD INSURANCE REQUIREMENTS AND INDEMNIFICATION REQUIREMENT: All policies and certificates of insurance of the contractor shall contain the following clauses: 1. Putnam County is named as an additional insured and as Certificate Holder. Insurers shall have no right of recovery or subrogation against the County of Putnam (including its agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. 2. The Clause `other insurance provisions" in a policy in which the County of Putnam is named as an additional insured, shall not apply to the County of Putnam. 3. The insurance companies issuing the policy or policies shalt have no recourse against the County of Putnam (including its agents or agencies) for payment of any premiums or for assessments under any form of policy. 4. Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the risk of the contractor. DEC-ZZ "2011 I1:OBAM FROM - ENVIRONMENTAL HEALTH 84SZT8TUZ1 T-236 P.004/01T P-62Z couba 0.- -::, : -... � .. .. - , .. ...�:. , `•1'�ti�L "�; afAPPfn ��►"1 �1$��i�,V�l�i �' c�+���Y:� , - : �. ., � n. .. _ _ . _ .. .... 1324 a� with F%NP@ot to IMYN I fft ofHIMPIDYM 7bbs cmpkWby Ax&wt /Qm= d&PIqw/bw= Add<+ess: 2 a DRO Uex S W. U ec IQ f A �,�, s . i�.t' t -i.5 LZ vow" Gmtraat ID: f# mum* CawaLit: :Z�Tu Z aA. ,%. n re Telspho�: y5 �LQ -ac LY Team OfConuOtor aftsim* A=wtofCantmdR%te dO& $uboantracto� /'(.�O �� Address: vMdar A Telephone: coutwt ._.._ . �... w . _ _w ......��.a�Gi� �'in►j or, �ra"vi�e:,r�,�;;,,.�a - � - -��: �- - - - .,,..._ .:.. _ ..:....... ........... _. � Fvldme of Camplancr. Capies of to following mast be maf armed by covmd am*yeo ar ttae ownw ihmeof for a&& emplayee for flee ttme padnds set Earth is dw Cou ay Carlo, Chapter 134, SeWcu S. 7> United Sam Passpor4 a D Ruldot Am card or mien raoftdan cam; � 1> Bh& cafificaW i> Acadog that the pewm was bowl intba Umtied Stasis; sx D A Mm liccasa„ Ifit cam a Obawomph of ft bdivld * AM a social Seamily number card (adw thmn such a and wblah spedtba an its doe the lice imam aft a cx d dais swt sabode amploy med in the Vaited Stow); Rt > Employma t mWwrbgdaa doh snrh a sa H -lil V� and L-i tea, or other wozs visa w may be m basiad. by fhe United Stets Gw4 mmert at the Tim am Comm 00nawt 9s aw mlk d for all mvewd =Wi"os. Page I of PUTNAM COUNTY HEALTH DEPARTMENT DIVISION OF ENVIRONMENTAL HEALTH SERVICES RBOPOSAL FOR SEWAGE TRIEATI MENT WSTEM REPAIR- YES NO Internal Use Only PERMIT # a ❑ ' Repair Permit issued in last 5 years IT Not in Watershed Repair within Boyd's Comers, W. Branch or Croton Falls Res. ❑ Delegated ❑ Lb" Repair within 200 ft. of a watercourse or DEC - mapped wetland ❑ Joint Review SITE LOCATION �,3 �'le�i� ge TOWN �w G/fr TAN # 0,3. %�2— ( -3 OWNER'S NAME Aly el f- $W's C PHONE # AVAILING ADDRESS APPLICANT ����, r vt� �� .� 1 ►- C_ Name & Relationship (i.e., owner, tenant DATE - Z.3 :2o(7— FACILITY TYPE /' 5 PCHD COMPLAINT # PROPOSED INSTALLER . -- PHONE # ADDRESS 2�2_ J)evye+ S L., REGISTRATION /LICENSE # le.1 7 Proposal (include a separate sketch locating the house, property lines, all adjacent wells within 200 feet of repair and the location of existing and proposed system) NOTE: The Department may require submittal of proposal from licensed professional depending on the nature and extent of the repair. _J A.,-, .A- s a.,, ",'A- 11,x,., � 110 Zug 1, as owner,agree to the conditions stated on this form SIGNATURE G� TITLE t L DATE ��Z_ 3-L',1Z (owner) .- - =.1, ,h�-septie- 4neta,ler; ag;;;e to comply with the cohc3itions of this Permii fog the septic s s4zrn ,2 it SIGNATURE 4%1,,,,14 r a TITLE :PWX1-C r DATE Z_ 2✓1 Z- (installer) I Of Proposal approved with the following conditions: 1. Procurement of any Town Permit, if applicable. 2. Submission of as built repair sketch by the septic system installer within 30 days of the repair, in duplicate showing: a. Owner's name, Site Street Name, Town and Tax Map number b. Location of installed components tied to two fixed points c. System description (e.g., 1250 gal. Concrete septic tank, etc.) d. Installers' name and phone number 3. System repair to be performed in accordance with the above proposal and conditions 4. The proposed SSTS repair is considered a best fit design and there is no guarantee to the duration at which the completed SSTS repair will function. 5. No completed work is to be backfilled until authorization to do so has been obtained from the Department. IIIINMMU A I I IC-0 ^1111 %/ IIV 1 V"119 O_ VJG VIV` ■ Propos pproved Proposal Denied ❑ r � l 2- 2 3 J1 Inspector's Signature & Title Dat irati Date .Repair proposal is in compliance with applicable codes Yes No ❑ COPIES: PCHD; Owner; Installer PC -RP 99ML Rev. 2/07 • s. r r. � � ... . r r S �.. - • ... V� t� (r .. .. � . . .�. n/. W a.Ta t �� •r. � r.. x 4t , w x r - r 'ITJ' r • r . 1•.. a.f ... n 4/4/12 Memo to File R- 059 -12 Septic Repair Angela Denisco Res. Tax # 83.72 -1 -36 RE: Inspections on 13 Pleasant Dr. Putnam Valleys, I went to the above site and observed the following over time of repair. Arrow Construction is the contractor of record with the County for this repair. All references are from Street side looking back at the site. 3/27/12 -On site at 10:00 During excavation a footing drain was found to be installed and was discharging into the existing septic area. I informed Robert Morris PE., Director of Environmental Engineering and Joe Paravati PE., of that. Ledge was discovered on the Left hand side of the house, the foundation was put on a spread footing over the ledge. This ledge acted as a block for any water to be shed away. In my professional opinion, this would negatively impact the septic system. :informed us that there, was supposed to be. a. dryW irs - that..: `comer, "that a previous`contractor installed: None was During construction; the found the old septic system on Left side of house, trying to get an area for the new pump pit. While attempting to excavate for the new pump chamber, the contractor had hit ledge at 2 feet and less under the surface. I notified Rob and Joe about these site conditions impacting the design. Modifications for a change in the pump chamber were discussed with them and the contractor. Mahopac Septic came on site and pumped out 2800 gallons from the septic and fields. I left the site at 12:15 and returned with Joe at 3:30 to inspect site conditions with'Joe. The home owner was there and also informed of the findings and impact to the design. The modification was to install a catch basin (3' x4') for the pump chamber. 3/28/12- On site at 10:00 Spoke to Rob and Joe with the review of the site Had a met with Tim from Arrow, about the changes needed and how he was going to proceed. Heavy Rain at 11:15 with thunder and lightning till 1:30 I received a check form my office, and gave it to Tim, from the county. During construction; Tim had uncovered other concerns and ledge, across the front of the site impacting the installation of the diffusers. Again, I notified Joe and Rob. These issues were discussed with Rob and Joe before proceeding and then Tim. Mahopac Septic pumped out another 1000 gallons As Tim removed old system, he installed the bank run. It was observed that the old diffusers, never had the holes knocked out from the over poured of concrete. This would never let the system drain properly. I left site at 4:15 3/29/12- On site at 9 :30 with Rob Rob and I went to site. I reviewed the site conditions and concerns with him. We spoke at length with the home owners about water conservation and we reviewed the site issues Rob left at 11:00 Tim. and I spoke to. Joe. about.the installation of the concrete, chambers.. 'Arrow started installing chambers, D-Box, footing drain, Membrane and pump line. Back filling as the go, there is very limited working area, on site. I left at 4:10 3/30/12- On site at 9 :30 Arrow has 2 rows installed of the galley and waiting to proceed. Arrow connected existing septic outlet pipe to new pump chamber. Rob and Joe are here at 10:10 to inspect the work. They had checked the installation for its level and proper workmanship, before Arrow can proceed. The left at 10:30 and Arrow can proceed At 12:00 Arrow had the last row done, I informed Rob and Joe. Arrow was working on the installation of the pump pit 1:15 Rob, Joe and Gene came to inspect the last trench, Arrow can back fill 1:45 Arrow started to remove and fill in old pump area on Left side of house. p. . y tsii.i. VA n�?_:rear_ ,ting dr-n - now—, :.. inlets.to,sep a, f a... aLn ;:ta re- plumbed the lines into the tank and for the existing curtain drains. Arrow is trying to his way out of the Left side property to install new pump chamber 3:00 Arrow left as well as I 4/2/12- On site 10:45 Arrow had installed H -20 pump chamber lid and now working to install the pump and electrical During this time we had noticed that water has been coming into the pump chamber continually. No one has been using any water I had informed Rob and Home owner I left at 3:45 4/3/12- On site 9:50, Arrow called me and said he was running late After morning's routine with Home owner's family, we shut off house water, trying to figure out where this water is coming from. 12:00 water is still coming into the pump chamber from septic tank. It is unknown at this time where its source is. I informed home owner and Rob 1:00 — Window well is installed, final grading is done. 4/4/12- Spoke with Tim from Arrow; he is finished with installing the Item -4 over the..drveway..e said he -could not:,determine where the water is coming. - . _... �..., . from and informed the home owner to have the septic tank pumped and inspected. I have attached a CD with pictures of the inspections Sheet of PUTNAM COUNTY DEPARTMENT 6F HEALTH `-`-DIVISION 0E-iNV1R0NMEKfX0MkTLH SERVICES FIELD ACTIVITY REPORT NAMF• Tp.]: AT)DRES1. I Street Town State Zip PERSON IN CHARGE nRTNTF,RVT-FWF1)'. rTm L42 T),q t t- Name and Title TYPE OF FACILITY: FINDIW,S: -04 j� e- 2 We- I 14, t 4- �e 02 I A n, -F I 1 V40 & Gv D If- 00—/ 6-40�y- lsp,FrT 4 -po e f h N nTz TFT Sin 31ure and Title RFPoRT,RF(,FTvF-r)-,Ry: ----------- I acknowledge receipt of this report- SIGNATURE, )2/96 Title;- iP =I I /- 4a� — 5/ nlx 77t te- 14 -- _.3 i�l -.. pal .w� _ al�– 3 Pb ,,k le4 � -41 zzvve_l #-I–f Sheet of PUTNAM COUNTY DEPARTMIENT-OF.IIEALTH.- VIVISION OF ENVIROIVMENI-AL-i�L-iKA'FLH'SER'VtCES FIELD ACTIVITY REPORT ADDRESS:. P", Street Town State zip PERSON IN CHARGE nR TNTFRVT'FWrFT),.- Dq Name and Title TYPE OF FACILITY: &vll - 541 rj N lsurmg.. 7FT Signature and Title REPORT RFC'FTVF BY: I acknowledge receipt of this report, SIGNATURE; 32/96 Title' Li:7 -44 rj N lsurmg.. 7FT Signature and Title REPORT RFC'FTVF BY: I acknowledge receipt of this report, SIGNATURE; 32/96 Title' fllor 06 12 06:22p l BY THIS CERTIFICATE OF COMPLIANCE THE NE -YORK ELECTRIC ACTION SERV6 S. lNe't 150 Write Plains Road, Suite 104, Tarrytown, NY 10591 •914- 347 -4390 CERTIFIES THAT Upon the application of: Upon premises owned by: Briar Electric. Inc. ANGELA DENISCO 5 FRANK GUICHAU CI' 13 PLEASANT Rib COULANLT IMANOR, NY, 10567 LAKE PF?:F.KSKILL, 10537 Located At: 13 PLEASANT RD, LAKE PEEKSKILL, NY, 10537 Application #: A4851 Certificate #: 376 Bldg Dept: Putnam Section: $3.72 Block: 1 Los: 36 Permit #: 399 -12 A visual inspection of the electrical system at this premise described as a Residential occupancy, wherein the premises electrical system consisting of electrical devices and wiring, described below, located! n /on the premises at. 13 PLEASANT RD, LAKE PEEKSKILL, NY, 10537 Outside inspected in accordance with the N Y5 and N FPA 7[1.08 and the detail of the installation, asset forth below, was found to be in compliance therewith on the 5 Day of April, 2012. Name/Location Type Qty Rating Circuit Pumps, GUtSide, Ejector Pump 1 P. • Officer, Domenic Morabito This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. This certificate Is valid for work perforated before date of inspection only. 15 Fflday, April 6, 2012 page i of iJ Commissioner of Health Director of Environmental Health MARYELLEN OlD LL County Executive Ib'rY.-4T��9 ..• rt2 ±, .: •4:.'•#- �. ... r.. �. - . -. �.. f. .'Yi ♦. ^i: -ry.... U 0—App. � �,p g R 9� �� tRl �f�T 1 Geneva Road, Brewster, New York 10509 Telephone: (845) 808 -1390; Fax: (845) 278 -7921 CERTIFIED RETURN RECEIPT REQUESTED PLEASE REFER CORRESPONDENCE TO: TO: Angela Denisco NAME: Joseph S. Paravati, Jr. 1 easant Road_._— TITLE: Assistant Public Health Engineer Putnam Valley, NY 10579 PHONE: (845) 808 -1390 ext. 43157 4 �► �j h� DATE: February 11, 2013 OFFICIAL_ NOTICE OF NON -COMPL YOU ARE HEREBY NOTIFIED that non - compliance with Article III S ction 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Road, (T) Putnam Valley, TM 83.72 -1 -36 by a representative of this Department on January 29, 2013. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Failure to pump the septic tank immediately and further, to correct this condition by April 11, 2013 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Commissioner of Health Very truly yours, Alan Beals, M.D., J.D. Commissioner of Health � By: Joseph S. Paravati, Jr., P.E. Assistant Public Health Engineer JSP:cw Enc: Permit Application cc: BI (T) Putnam Valley MAB ALLEN 13EALS, M.D., J.D. Commissioner of Health ROBERT MORRl1% P.E.. , ...... ...... -.' :;� ` a �iY i'�tOY 6i �i1Wt1°O�tiI.4ilitii �i6ii�T11 " �" `'" .;'' ..;: -. d, _ •;, . MARYELLEN OD9M CountyExecutive ._ DEPARTMENT OF HEALTH. 1 Geneva, R ©ad, Brewster, New Yoic ' 10509, Telephone: (845) 808 -1390; Fax: (845) 278 -7921 CERTIFIED RETURN RECEIPT REQUESTED PLEASE REFER CORRESPONDENCE TO: TO: Angela Denisco NAME: Joseph S. Paravati, Jr. 13 Pleasant Road TITLE: Assistant Public Health Engineer Lake Peekskill,; NY 10537 PHONE: (845) 808 -1390 ext. 43157 DATE: February 21, 2013 OFFICIAL NOTICE. OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Road, (T) Putnam Valley, TM 83.72 -1 -36 by a representative of this Department on January 29; 2013. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. _ Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An.application is enclosed. Failure to pump the septic tank immediately apd further, to correct this condition. by March 21, 2013 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped-that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Commissioner of Health Very truly yours, Alan Beals, M.D., J.D. Commissioner of Health Pph S. Paravati, Jr., P.E. stant Public Health Engineer JSP:cw Enc: Permit Application cc: BI (T) Putnam Valley MAB s V--, w Environmental Laboratories, Inc. 587 East Middle Turnpike, P.O.Box 370, Manchester, CT 06045 NY # 11301 Tel. (860) 645 -1102 Fax (860) 645 -0823 Analysis Report April 08, 2013 Sample Information Matrix: WASTE WATER Location Code: PUTNAM Rush Request: Standard P.O. #: Project ID, Client ID: PLEASANT RD. FOR: Attn: Ms. Anne Bittner Putnam County Health Dept. Drinking and Recreational Water 110 Old Route 6 Building #3 Carmel, NY 10512 Custody Information Date Collected by: 04/04/13 Received by: LB 04/04/13 Analyzed by: see "By" below Time 12:00 16:37 Laboratoa Data SDG ID: GBD55576 Phoenix ID: BD55576 RU Parameter Result PQL Units Date/Time By Reference Fecal Coliforms 52000. 1000 /100 mis 04/04/13 17:55 RS /K 9222D RUPQL= Reporting /Practical Quantitation Level (Equivalent to NELAC LOQ, Limit of Quanitation) ND =Not Detected BRL =Below Reporting Level Comments: If there are any questions regarding this data, please call Phoenix Client Services at extension 200. This report must not be reproduced except in full as defined by the attached chain of custody. AOL Phyllis hiller, Laboratory Director April 08, 2013 Reviewed and Released by: Deb Lawrie, Project Manager Page 1 of 1 Ver 1 W, �J NY /NJ CHAIN OF CUSTODY RECORD Temp — Fig of ' Data ry RHOEW* Fax #- 587 East Middle Turnpike, P.O. Box 370, Manchester,; CT 06040 ❑Fax#: ,, If7proamental Laboratories, Inc. Email: info @phoenixlabs.com Fax (860) 645-0823 Client Services (860) 645 -8726 a Email: ci stomer: 1P C-A 0 Project: Project P.O: 'fA�dress: v'k Rx Report to: Phone #: f Invoice to: Fax #: of is sampler's CII nt m I orrnatl - Identification Analysis .y0 Signore Date: ) 3 Request Matrix Code: DW= drinking water YVW= wastewater S= soiVsolid 0=oil �� N �l �� `1� � ti GW= gfoundwater SL= sludge A=air X =other �°° S.s �t `1 . phoenix Customer Sample Sample Date Time % \JD S' m le # Identification Matrix S pl Sam led e:; S a. ww L� 4 h3 11 k �J MEN! ■IMMIMINIMEME�■ ME IME ■ENNEN ONE ■MEMEMINIMINEMINNI NO ON NIMME 11010101 PROMMEN 0 1 Day� 3 Days* .. SURCHARGE IN Res. Criteria Impact to GW Soil 0 TOGS GA GW El NY375 Unrestricted NY375 Non-Residential 0 Phoenix Sid! Report [:1 PDF .. ..t: Data Other :IE3 NJ Reduced Deliv. NY Enhanced (ASP B) . UWIVIN NUMM3 W09 12 ft— co SW coal R-Wour—ents ow Regulations—: — State'whars samples were collected: �J ALLEN B EALS, AO., JX. Commissioner ofHeakh M R YEH LEN ®DALL County Executive ROB R li ORRIS, P.E. DjV;W of FAvirOhMMW Health _ :.. o , r c' _ e....d..- .. -+ �. •.t. ®. o .. DEPARTMENT OF HEALTH 1 Geneva hoed, Brewster, New York 10509 Telephone: (845) 808 -1396; Fax: (845) 279 -7921 April 18, 2013 Timothy D. Zubradt Arrow Excavating 22 Drover's Lane Dover Plains, N . 12522 Re: Denisco Enforcement Hearing 13 Pleasant Road (T) Putnam Valley, TM 83.72 -1 -36 Dear Mr. Zubradt: An enforcement hearing for Angela Denisco has been set for May 1St, 2013 at 10:30 A.M. This Department is requesting your presence at the hearing in case any questions arise concerning the removal and reinstallation of the septic system. Please contact us. if you have any questions.: - Sincerely (56seph S. Paravati, Jr., P.E. Assistant Public Health Engineer JSP:cw p DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM -STATE OF NEW YORK IN THE MATTER OF THE-COMPLAINT A_ GAINST_ Ls - l?lS�,6`.'1...'� s�1��,� P�C.n,�: =:: _ - �..-:c'- -. -r • cr'.... r -: � �c: - .. -• . Y�� 4^ � . r - t - per. . RESPONDENT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code • NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 of Putnam, and Administrative Rules Regulations and COMPLAINT NO. 14- 13 -190W Standards Promulgated Pursuant Thereto TO: Angela Denisco 13 Pleasant Road Lake Peekskill, NY 1053 7 PREMISES: 13 Pleasant Road (T) Putnam Valley, NY TM 83.72 -1 -36 PLEASE TAKE NOTICE THAT CHARGES have been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 1St day of May, 2013 at 10:30 A.M., in the Heating Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny _ the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, . . _ ..a-nd you.m.ay.produce witnesses a„ evidcnc'e i� �'i�r- behalf; _ _. _ . �... AT THE HEARING, IN THE EVENT YOU WISH TO ADMIT TO THE CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. l--� PUTNAM C0JA TY -B0ARD OF HWALTH DATED: April 17, 2013 BY: -/ Brewster, NY 10509 Allen Beals, Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMIENT OF CHARGE IT IS HEREBY ALLEGED THAT THE PERSONS HEREIN .BEFORE NAIAD RESPONDENTS.. . a . . h rg ,c� wJt1� rinlatl � f�*l �calth iltiv �; the State•o lbw �i`orlt° aii(ktlib` (;duni tiiF tgiain -as follows: IPUTNAM COUNTY SANITARY CODE - ARTICLE 3 Inspection as of. January 29, 2013 CHARGE SECTION: 1 Section 3.4 Violation as of. March 28, 2013 Regulation: "Exposure of Sewage.... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. A positive dye test confirmed the above referenced house as the source of the discharge. CHARGE SECTION: PUTNAM COUNTY SANITARY CODE 2 Section 3.2 a) Regulation: "In the event of a failure of any SETS, the owner or occupant shall forthwith ... place the system in proper and sanitary operating condition ... within such period of time as may be determined by the ... Commissioner...." Inspection as of. March 29, 2013 CHARGE SECTION: 3 Section 3.4 Inspection as of April 4, 2013 CHARGE SECTION: 4 Section 3.4 Violation: Respondent failed to meet the specified ...due date of March_21; 2013 at the above site to place the subsurface sewage treatment system in proper and sanitary operating condition as determined by a representative of the PCDOH. Regulation: "Exposure of Sewage .:. No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. Regulation: "Exposure of Sewage ... No Person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...... Violation: Sewage discharged on the surface of the ground ... observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the _ health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in : person. nrrby :coansel *t . lheiexing.. Admi nistrat: Tstclge .at:te:tarn.:etif�r_heaangs; except > . for legal excuses. Persons operating an establishment, business or facility without a..permit, for which a permit is required — will not be granted an adjournment. Health matters are involved and the Public Safety is a Paramount consideration. A 3:cw R. Carano ❑ J. Paravati 9 M. Burdick ❑ I3DIVIS.10 N OF ENVIRONMENTAL HEALTH SERVICES (COUNTY OF PUTINAM -STATE OF NEW YORK )iii THE MATTER OF TIME COMPLAINT AGAINST ANPELADENIS(qQ RESPOIVDENT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code of the State of New York, the Sanitary Code of the County of Putnam, and Administrative Rules Regulations and Standards Promulgated Pursuant Thereto TO: Angela Denisco 13 Pleasant Road Lake Peekskill, NY 10537 NOTICE OF HEARING CASE NO. 035-13-19 OW COMPLAINT NO. 14 -13 -19 OW PREMISES: 13 Pleasant Road (T) Putnam Valley, NY T.M. 83.72 -1 -36 PLEASE TAKE NOTICE THAT AN AMENDED CHARGE has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ABLE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7h day of ?august at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. A,T ALL TIMES YOU WILL HAVE TIME RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your behalf; .. _ _ .. k'F T . A G, 'INCT11K EVENT YOU"Wik ifl TO AD 'IC' TO'THE AMENDED CIIAIBGES, « he Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an [inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $1,000 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to dgs the same force and affect as if such warrant had been issued out of a court of record. DATED: July 23, 2013 Birewster, .NY I0509 BY: F HEALTH Allen Beals M.D., J.D. Commissioner of Health .adjournments may be granted only if no present health, safety or nuisance condition exists. If a person ,ther than an owner, corporate officer or attorney should appear on your behalf, a written and notarized aithorization is required. ,. STATEMENT OF CHARGE IT IS HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS are charged. with violations of the Health Laws of the State of New York and the County of Putnam as . .follows: PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of: June 11, 2013 CHARGE SECTION 5 3.4 Regulation: "Exposure of Sewage —No person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground .... Violation: Sewage discharged in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for - . which a,penmit.is rgguired__- will not be granted an aalournment_ Health matters are involved.... and the Public Safety is a paramount consideration. RW:cw R. Carano ❑ / J. Paravati file n A ..�_.... . °'C�z�JI�R�' IBC-' OIZDSOF' :.,r.- ..,T:�- :,.:�;a.•-- ..-�•: ,� .- -�_,.. , r' ., SUT'V`L7'S;SiT'E',PI✓AIt7S,'`. —_�. _:.:.�.::;• : --� . JOHN S. ROMEO, P.C. SUBDIVISIONS, B.O.H.A. JOHN C. HOFFMANN, L.S. TOPOGRAPHY, HOUSE PLANS MATTHEW A. N ®VI E]LIL®, P.1E.,IL. S. PROFESSIONAL ENGINEERING & LAND SURVEYING 77 Hughson Road Carmel, NY 10512 (845) 225 -4004 . Email Noviello(@,,EngineerNYxom May 14, 2013 Mr. Robert Morris, P.E., Director of Environmental Health PUTNAM COUNTY DEPARTMENT OF HEALTH 1 Geneva Road Brewster, NY 10509 Re: 13 PLEASANT ROAD, LAKE PEEKSKILL FILED MAP 185 -E, LOTS 237 -244 TAX MAP 83.72 —1 - 28 TOWN OF PUTNAM VALLEY P.C.H.D. CASE NO. 035-13-19 STATUS REPORT _ :... _...:.�,..�. � Dear Mr. Morris:..�..._.._�_. Rather than have any surprises when the Hearing resumes, I would like to share some information with you in the hope that we can come to a sensible conclusion. As you know: 1. December 17, 2004, my clients moved from N.Y.C. purchased the subject property. It was their first home with a septic system. 2. Shortly after purchasing the property the septic failed. 3. In 2007, upon the recommendation of the Putnam County Department of Health, my clients hired Hekla Construction to install a new septic system. 4. In February and March 2007 my clients paid Hekla Construction Inc. $8,500. to install a new septic system. 1 .. _.�.:. ..:- '_...i �. . -a-r �.tw .. ._.. .._.. . .4'r K... .. ••.[.Y r Jet .a . {:.Y. •F' .... > . .... ..., ... - a_.., a f+y.r —.�. ..o.t.P . .: r. .w..r _ . • + r. 5. Hekla Construction's work was inspected and approved by the Putnam County Department of Health. 6. It is undisputed that Hekla's work was done defectively. 7. It is common knowledge that Hekla had taken shortcuts and installed defective system several times previous to being recommended by the Putnam County Department of Health to my. clients. 8. Hekla's owner and principal has passed away and the company has gone out of business. 9.. In 2012, my clients agreed to allow the County of Putnam County to reinstall or replace. the defective septic system. 10. The County of Putnam hired Arrow Excavating, .Inc. to correct the defects*in the Hekla septic system. 11.My clients witnessed Engineers from the Putnam County Department of Health inspecting and supervising Arrow Excavating, Inc.'s work on a daily basis. 12. Arrow Excavating completed their work on or about April 3, 2012. 13. As with any septic repair, Arrow Excavating Inc. prepared an "AS -BUILT SKETCH" dated April 3, 2012, and submitted it to the Putnam County Department of Health for approval. 14. Arrow Excavating, Inc. Is work was approved by and paid for by .the.County.of,.Putnam. 15. Within months the Putnam County -Arrow septic system failed. 16. The Putnam County Department of Health has sought to blame my clients for the failure of the Putnam County -Arrow septic system and has brought charges against my client, to wit Putnam County Department of Health Case No 035- 13 -19. 17. On April 30, 2013 I filed a Freedom of Information Law form with the Putnam County Department of Health. I sought to obtain copies of their records relating to the septic system on the subject property. To date, I have received no response. 18. Upon demand by the Putnam County Department of Health, we began a hearing on the Putnam County Department of Health charges on May 1, 2013. 19. At my request, and upon the recommendation of Dr. Alan Beals, Esq., M.D., Commissioner of the Putnam County Department of Health, the hearing was interrupted and postponed for one month to allow me time to investigate and see what could be done to stop the septic system failure. N 0- -dl f t1 .1ge;.;h�a c e pre vs low -flow fixtures. 21.On May 2, 2013 my clients switched the toilet from a standard 3.5 gallons per flush to a low flow toilet that uses just over one gallon per flush. 22. On May 6, 2013 I Surveyed the property with Topography.. 23.1 took the AS -BUILT sketch prepared by Arrow Excavating Inc., for the County of Putnam and added the Putnam County -Arrow Excavating septic system to my .Survey drawing. 24. On May 9, 2013 I called and spoke with Dr. Alan Beals, Esq., M.D. to set up a meeting with him and his staff to review our progress. He insisted that I call you to setup the meeting. 25.1 called you and left a message. 26. On May 10, 2013 you called back and missed me. 27. We spoke this morning and you suggested that instead of a meeting I send a letter or Status Report. 28. Enclosed for your review please find three copies of my Survey drawing. As you can see from the Survey drawing there are several things that don't seem to make sense: A. There currently are six 4 ft x 8 ft x 1 ft high tri- galley type units that- -areused�ta-percolate-the scptic�effluen±:. nto-tl:o.so:�l...(�n�y,tyvo:u:r _ of the six units are entirely contained within my clients' property lines. The other four units are either partially or totally in the Town of Putnam Valley's property. I don't think that it is legal or proper to discharge the septic effluent on someone else's property. A better solution might have been to move the tri- galleys to the northeast side of the house, even if it meant relocating the well or installing an Ultra- Violet unit to protect the purity of the drinking water. B. The Roof Drains were directed to the uphill side, and within a few feet of the septic fields. This virtually insures that when it rains the soil for the septic fields will be saturated with rainwater runoff from the roof and unable to absorb the septic effluent. The roof drains could have been directed to the south side of the house. 41 "C. There is a Curtain Drain uphill of the septic fields. However, the outlet of the Curtain Drain is discharging on the uphill side of the septic field area. Again, it doesn't make sense to flood the septic field soil with sub - surface drainage water. The additional drainage water will reduce the capacity for the soil in the septic field area to absorb the. septic effluent. The curtain drain could have been directed to the south side of the. house. - D. There Js a.12 inch corrugated metal culvert pipe crossing under. the. pavement of Pleasant Road. The inlet of the pipe is crushed and when I Surveyed the site the inlet was choked with the Item -4 used to backfill the new Putnam County / Arrow septic system. No doubt i.f the inlet was functioning property, the corrugated metal culvert pipe would direct some or most of the rainwater runoff from the Pleasant Road pavement that is uphill of the septic area away from the septic area. To leave it crushed and choked with new Item -4 are mistakes. E. There is a paved swale at the edge of the paved road and the septic area, but the septic area side of the swale is lower than the road side. If we get a heavy rain, the rainwater from the road pavement will overflow into the septic field area. The septic side of the paved.swale...should have been praised higher.to keep the-road _ pavement runoff wafer away from tK septic f K S. F. The septic absorption area is under the parking area for the house. There is no indication of what type of piping was used. I hope that there is no Schedule 10 P.V.C. pipe. Hopefully only loadbearing SDR -35, Schedule 40 P.V.C. or Schedule 80 P.V.C. was used. Please confirm what type of pipe was used in the design and what type was seen during your inspections. G. I understand that the County of Putnam and my clients entered into a written agreement before the Putnam County / Arrow septic system was installed on my clients' property. I still haven't received a complete copy of the agreement from either side in this matter. But, I must assume that any reasonable person would have assumed that the new septic system would have been designed and installed in a good workmanship like manner. It appears that the 4 design, installation, oversight, and inspections were negligent and mostly useless. Kindly review this matter and let me know what you think. I know that you have stated that any corrections, improvements, or changes will have to be paid for by my clients. This may have made sense before we knew that the Putnam County* Arrow septic system was designed and installed negligently. Now that we know this, it appears that it is time to reconsider our positions. I would like to work this out with the County and my clients, but I cannot ask my clients to accept and be responsible for work done negligently by the County of Putnam and or Arrow Excavating Inc. If you have any other questions, please email or write to me. Sincerely, M tthew A. Noviello, P.E.,L.S. 5 v $�.'y't' �. `' ►. r I � f9�l��k. :: `� �� y: .cv a w%• ' ; � . • , "" 'y ' '.' '�.; � - ' - P• - .i. i;zi: y -�" '��4 r��f ,7 �•- � rill / +�� .� .t J��'• Y 'raga; � -✓1 � .S7 i; r - �' •• . •jI ` d SI '= C, ,' `ten �t .t � "• :nt:. ' c, ��'f'' n - �� t. '�G.� '+' , " K �, f, �,t, � :��, �5 7 �'� t e��-,t tt•s ��.�#" ._i f•�,���_ -' -�G7+ — �'7�F�:.• .� �c- ��c 5.`S� ,�}1 _ �",` •_F'_ ..�,^"� —`�� a. ."�i i��iii�. � •......�_ - -- - _ _ '.t. to ,� ,.r H � �M • �.f ; t���j l u 7 V!1 Am Pw 6{ Jtt3�6j rE I: �f .x . _�".:y'. �b �'1 - -_- �i _ •t+ - - - �'1� _ _ i:j.� � ,� Q,' SC y� t '�•`Z .-t .,� .. t-41 f �Y"Xa CX .�Y(�___ nj \L,- Rte' ` =- "• --•,� � _. � a,�,v+ -..�- ,.,,,,;�.� c� -:, G® ,'rev ���c ,., iv �;� _� :1711- i. >— '.'_•rr P£ �Ba`•. *%*+,.. -- w.,++- .,.- ,�„,,. �q °'_.°'° "°'•�° -'RA- 7 ___,,., -- ,��,i1 - r ms1 Ng h -.. 45 ... - ys�s. �b� �r u: �ae�,4 4. r $�t�,�'•..,?�` +��,r� x� , ,.��.. ,ate- �- � "'�*"� 11 c' :.. :---- � r.aJ'a.'N 5�'��>t•� .. ..�., :.N ,. , u';i'Y,rrx# _ .n • a� .;-""` - - i c. .3.� <. � __. $��•\ � y .. �4, �{'K �. "'++,:ST�+r { yi .(•5:. �.G '1�C' _ '��^.��,� _ _:... `- -. '+ t°, l ��5 v ` � .�.. t - •' „�- .K, ,, -�•: �' -- � _ fix.- -s;� ' I: .I�.f^'j /Ate --4L I fr Ft 'f �f )� f✓I rX 1�'�3c , 5 I £n ! r9 $�: V y , f "N'"�}c Au ri �h, t 9. '� •w �� I rJ��'L+Z °e .� ''£C'A'S' 1,. s 1? I � r ` :'i �� _ ;� '� +'" ; �z^L ;� fir, �-� � ,.t:_ �' '�L' ,y� �'� i �^� ' , _ �• ,�k _ `. �.•`,'��' � .r: w�• -... c,,..S7S,r : mil' �t` +t F!�:,. l "-.id �"T: .F•r" `,• - + t 1 4;, �.ny�` - + c' e tar. +,•P. ,iit•S,. SX ray,.._ -s�2;:: t �'•,`,i r,. 'ir : f. - ?:.F 'y t`� I ; `,I * 'S "•-: „ %gaa rstrcs1,- fir' =1"v �'�' ., f• ci ; %. l���i. j�7Y � '�,�:.�,l'. A'+ ¢^ x _ _ •� : �y�q�f�' .'.�,- ''�'yii /y?crjv%4�a aa- r_� -.„ri. �,.G• •:tf.�- 'stir"". i�.• � 'i' - 'L'.�3r �i�'�J'.a� _.5£��,- -- �...� -s : -fa ,�?., .h -:i�- -..�.�+':''` -t ��•1. 1<t;l .y ••� 1•�, - �S. 3e '>f""�•: s•.P., ,�.��,i'tSau..n -3 R:, ,� -,.wr- ,� - e.4; .1. �k r. •i� .:. ri •tir A~• -_ .1<- -,... i �..' '�';:. _.y �'• .G;�, r:::•;I ,. ,�,; ,,., �,,�����.:, �,. ,o,.. i- m. 5>"... - - c ..J„•� ,:1 :£ l� _ n. �'; .x^`:� '`�- , �: '�� .. r -. ,.,: .;x, -!') .,. _ . ,ygpyarv. < 'A*i " /,.?,_.,.•s,.r 1p "J � �:..s'�. ... -:: 1t : Jf. . _Ti_7>. .,, �i i .::`'.;• {s. 1 a ,K�,,.: �. � -.' Fi. �?R� ..,.,,�. �•?`r+.... r4,� .. ,'p3•:::.i . .. _ >. ,.. •. m• s.,: � . a�-X. ..:i ... f r.:: ^�. �. i �. �- ...'t�;.'•to� rsaw`�l• ° I: Lr :,,�,. � S �y��pj w i. -c ,x..., o- r �,,.. r.+qr: •V _i`��,.9p t�rS � +i fr T: '� ->`��^ -�w..s. �. -r .Fiv, f a. T' .,. ... .- � -: ,- -6�ji. '+a .. �e.. :rrn^].; ._ 1..�� ^._•_...iv. .�, �i -, <.? "z�;.i::k ,�.. ric / .�h .. 'S:JG_ = l r'x . - � .� "?�'.' -:'- -:• .v. -_.s, . _ __ "9�,;....__ _.. - �s.. •id.F*. ? w' {�• -.t_i. .,,.ye..,ie� t '� _ - -fie "T} _ - '- ��5: •n . .;� �. � ..s� rtbf' f. :.3'�, %r 7 - j�`°aY n- .i�' � / "��+ - �. J�r[ � .' M' ;. • 1 . -.. • : : .. y. - . . :- :. --: • . ' . a O - .: ``� .-�.;.'Y7,p.fr . ,�V • <�+ ", ... ,. '1. 4ek •`P.a' - .�,"`''_ , � �� . •• 7 '°s(' -'' �.,'x `' - Ej._ u: .�..r.,:3b . -fi1Er.v =. : _� ;_ a. ,� . Y '" i"�� 'tl- _`� - � ar.,.+,. - .- .-.`:•AE. � + . _ - ` ,;- 3,�.'s-2 ' ' . . :.- . : :,,.•,.:_�_y `> '!�+ :?�r v s�: r .� .' . - .:.. �-. .•. .t er= M . : t x.`,�,.-.- <' a_..^.Rr,. v- P . -` h :? ,,r _ ; i t +xit '. -'. • � ;. , J R�R-->::.. . . P : ✓:.S� r.p , r �,- ' "£' . Z .., ," ' ;?. � r- .� •c '.7 C �c . vaj 'r+ ,' :ht R J... , %Y . Y:- : w`- b9,_ 7� . ' � d. i? ' u:,.5P�.fi ,' i 5 - ' z'�- � s'} •- � r-� .- L,. • + s} w: •. .ma.M -c • '". ' �• - . • � ; f r ?r ' $'f } � . 6 V S te • tz � 4` .- � ' * . : , ,( x 1 « ayti • y Y r-'>-�.a'J ` :- _ • d' i'y..s.�.� . , . 4 �, 'r • . r f � _i`�. ' + l l��Y �T, } .� YL:. .''A ��_°' ?-#' ' .�.* '_'� 'i. .s, :;: E= •; R'.yldy4 +j _�' a t '!�+a p v'r , : ' : "��a . i '� r A- �„t •F-.•,c r. .:..! r =?':, _t ,..', 5. � 1o',•� . �. r� �.-: . -Y -'r '. � .rX. '�r . • 5Y�'i. F' . rrr,-, T , �� rr . i � n ' L 11 r . i �t �,ie , } .. r . .c -+t � l r. z: _�. s t T:':'��`�.i r t r • E - '�.],� � 7 : - ::.�i 1� %.I: -�' � 3 -. ' -S N- .r - L" �,F.•- v:°a -- sr'. - ...m....y, � *S� -r,` x'r .. ,.�:J� -': .. .h'�F, .,. •- :. '.. :.�`�.`�< •',�, ( .rrh_ r ,.a c ,r, ¢¢,¢ ,G. �' LrC - L 5 s;,.C. ..:PS µr ..: ., .... -. ",rr. .. , r .. .s.. r s.. .... ..4 �, ..` -:G!1` p.y, '�'.. ..N �7,: •: 'vL .P .r,.t :.J. rig. r4 ':§ -. � .,,. � .,' :!- .,•![...r£.,., .. . _.j..,,,t., t7. u . r. ,, L: �.,.� i►>•t -- '1�- ��^n •i w� ', z f .<'.; tE �W "Y.. t. y'- r- .�,+;_r•Yp .,q .;.:.:,.. ,.. :.,. .:. - ... - a..�•.�• ,; s. ;,. 7 v,.:. .� i`�. _ i c, s, -. .a.; •%``- r pp� °„i°xr• = r ['i. :F ar_,- ., :. -.:: "�: -.x kr „�;, ':': > .•„% -„ - t. d -tS ,h ” ^s -r .,. ? - F.•. n _.,. r.: .,,ny s .. ,.1 ,1.'- .,_,:.. ei.: -... t ..,.. ...:? `i ; . , .... ... .-: � 7r R'. :✓ .,-e. ( - �- `.F r ,9 ".`••`'�k .Y• ..:. .. W..r4 � . a _. ; -::. .: <, -.., ::. �,.. v '�... =a - td i C[ �. ti'1 dJt � , �l - �+�' ':�tl"+ �<c "J,•� ..,. x:: fie;,.. _ ..+. -._.., L ,�. -�9`� .��� %�.t t 45•`,','.i»?�..r- _ - - - - +"�. ..: _ ; ,� n-;; ".: [5 .le -' x' `nret s .., -..,r y _�, - F'�{. t 1;"I'Il=; Y� r. �4 i. •.L? `re:� a � 1 � - - _ Ea'. $'`JE[` ���.�,j^' -n. � .rc _•;'. -a.: �•� {j.:; -.; ',' :� � �s"�. �'a: � �. �fd,,.;:,, .. x�. ;(9v� �rr.,^ t '\\ s M-;5 ?R4 c. FM ! ,yap•7 �- -S - = 1 rF N�. ,1 i{P� Ia .L�'� 'l 'I� L - - e a. F1P"' , :..ti" Gi1 f 1.,"i + �,� 1?''�. 'tl•.r � [a�� r 0s. ,. n"e r� yr •_'..r�• -�:m.. �'i ,.t. ;'� A'� v 1., ��'� �t t -^ a ! - I �;. 'r'` i�F „t: ..{ - /7' _ ':1yCr I - r 1__� If F I £ • 1 "`� wR v? : •}�y`,� ��,li� � �t.,�^.' -F. _ 0 `'�"� n :r. . _ t/ rr��'T' 1 4 t:�': t n f'` a ��, a - - �{ �� - - ,', � N f` k- ""fJFa. r. ;f ,r' F r. •�b r' 1 1 i. t £ - - � 4 rY+dl, � e ?S• : � ,� . �' ,c.. -=• _ - I /''— \ { l'f ��, �.g,,;, r� -� t}'yy y� r I r - "�•¢,. :.✓ ♦:r ?"•'�� �- a�7� � �7- ti� { '� r� 1 U:� Jr l �. t• ¢�, _t','yF -. / t � r ,I. _t .ri r..,�'.wr ki "` � y �` 7 '• J��ta � - -� �•- ( d � i Y� ��Y r� 1 . �rI -- 4: _ • F- ����c'"7 mss. - -. .£' 4� .. .. ,1_� affi•'�,F_ +Y --: A+r... � -a. ia:�:M`s456 •w : "•S - S�",Y:._.; � .:��?i1�.ni�li! �.�'� -. ._ ..._ .. :-. - .,23., __. _?'!c.._ £.:: ,/ •..��- __,.. ._.1 ., ,�. a: :.s,_ _ - ,. .�F2.- ... -a.. �.- .�. �� 11 IRA I e RF l- A �j " �4r SOONER-, r fit:` -6 • PT �:_� I C - re,•� yr �•w« �''^` -�w � �` :yu5> �` xf> _ Y 'J�- ' - �S^,�:aa•= �'Ses�': �'� �.e f fi - .: r2 ! '... .._ j >. T s2 _ � R+. .1.k. F':,��.x� - ` _:• -l:�i � 3 " "� t. ;a�'p ., >... r.. ,. - ;: d• tiC,; +A�' a ;'xs� ,`,�- �±3s.�j 4 "� � ,�. , s> �.. _. , K v si . i -w... - .t 4, ;.:'�is �, . r, #k... i� -.,• '.. ;.: - ••v:..:< 11 - �..tae�' 'i�,.'�- . -.p,�. ;,� •e�sn� :kq; d'`� ,W1 �s_ xti f „ --- x�... ;t h c.y.�:� :x h ' 3. x- li a' h� � - ,&''�tz.: •� "1' r'a 4,y'�.' i'`& �'�'_"-s�- ' -"°r =. •-`. "a ' ,?;•.: fr. ,,r. •i. 4 •.'. -u.._. ,,. .. ', ,. ,- iS�`,�',�ir�� -`'r >+ �� •_...-�, '. - "- rr�"tr.- -a :. F, >..:r I;1:. F_-. -,�' t r•,.. �. ":b> fir? �..y.�. � .��,y���i`r::- � •its _ _. ds -x_ l rte^ c �df�.. �. a r4 I -r < 1 '... 4Yq r"�5i+t•+iff ?4 "S 4 ... � ,i.�, � 9� _ a. � � `� � , r.'„ ,#. , r �' 'Y,;iL 4.r9` r tl��. � - rA{Nr� +l �+�i��`�tA,r' •t,�`t x +�;� ° + ::� r` y ,`� t'�.` . c �r ;?s�` �{,, s ;Y�^ k: y,� r �t ; I 1 V ' �iS ,, � r }s. i) a" 11 �'{ � t }'"� I� rri�l r� t J r�� �~�g �•! ,• a- w Kr I • r•9 f s - � '4; .' .:. z 3 - .y,.., -:;.: '.4, ''I N.1 .F ! i jf''�, �,SR '�T."•�y•r+F���r. 'at r � ) � •..;'r,. � � r "_ rkru� t 3 r v '� � _< w , i ..'�'�a�WrkrAi .,•? .� i� : •��Af`�-`' `y:' k�. .q.. � �a` } ���. " • s - : , I r .f < r x ,. i 7rF i •. •'r• 4s V I '• „? ”- .� - '. ... -: . ^ .., ;.kri'a> - '� -5: "r e°fG.+ z�,�e'• -. •va S� .. I.. , F� ,.�._��'.�+� _ %,} t,,.': . i; v&i'''�.- Y•.vj}s. �aT+';es,. r•. .S '+•5 "b "� j �y �= -,�� :i x!a.. ,� ° I ..,end. ,..4 SI +1.,a5.,ii*i'a x_:}�ni� v' r' Q ld" r` y •�v^ --�k+, "mow -N.ts7 ��,�s- ' .�' Y .d �y,� -: ,. -:. t ,�, 1 _ ;��� .._ r ,� r •.�, ,,:T{� i.Ar �ia'!Iz �..... h •,. a -n••t: r... F. SY �c - .>,gr,.na� :�. , .,. _- .+- ��+x>=- yr,"w°-- `Fn`4i',1.ti _ _ I iii �pL.in R? ���'�C j r x 3. �s �� ;x,4.i _ 1� .'� t + �?'d?MF•1`� `'� K. .� :- i t v ' t, °'':'*: ti : !ice s• •, �•`s..r n•.:.� ¢w.�z �`c-" fi 71'. �a�s :xr r�3 si.•€ ��5 s�r>r�' -i 5'��} �.`�z `�.s, t. �: �i bh. «'1-.: =.. �• £�'�` ' � �°�, ,y '� ,�K �',:s?� 'A.,.F �s,�F�,.. % t � '�,� � R w: C+y�� (� ++. � "r +r �a � ,ate t � :�'• {'`: `s ` '�C ��S- r•+c,_ �� ti� }- �t� ,�. "•''` � r0 .t' ':��� c �a } r •, . �t `+ti r 9 J, 7 ��� t X i `•� s1 a. , . :i>,..,�'G � - tr!`e wt}9s:s5- 3 . 0 c E„ ' s.i•x.. iu -' • -1- 1. w .".`.y }z a °' tY;•},ex?` 7 t pF j�YP'VM�!'L6.�''Y: syy»'', �-. ': sd!� '� °.t ,ps-• ;N- -4 cfl•`\ b �� a -'ec" - e- '>lr,`��° �.n d4'^TI•' �`�' t, ;:. ,�' � ,:rt ,``�° • as~ o; .:r ti� .>,t? >w. 2.v °" •�e.• -'4." , �! .y,�'.,�',, � .� -' � •y � •, K 1 , ,�, _. ;T t - -_ � 'R v': t; fr Z'$ �> +1'r' . { -; •'g'r�r iu:h rb� *5 , _-- x rt '�":'- R * ' � '�X�r�•.,�i:• :v.. Ars,•�J,o.'_,;.:r4'' � �� � ����"`�N't .:.,%7s; -�`1V. A - „�,,'yA t �j ,$'9'p^- �,?�r `�1,�y$�t,� - _y �. .s. a.-• ,i ,; iY., - �'�:,...- yy,� a Ea i�w+:•,t'+>`�c "^9u�,wL 2.w.�, ,_a>� °4.�� . 8,§•�.• syy.:,G,• 1��, 'i.+= 0Z�' ,�ti„tk ;�i €• d _ • -� >. �c a•:.f to •F .r '�i. - �yti. r :-n• - r 3 � $e JY '��.��.^'t$r�'F�4�'+.1� --4�", �a..J'�,iyY�/: i�� •'r :mot - m.�"�e�i8p, fH.. ,- �r'�]�"�7p �,�� �:�I.,. Te; .;5:' .`.... y -s r•e -n*• y r.. �`,f'�„• '�p �.:� -r S i „N,rx' ..d:��'S`£'• �. <..o-Tm'� o�',.,t.,� ..t�,�,rN -. r:4�':t "' •y^u�• ^rte ��; :a `�aq�„i F: s�.w,- :r..`...�.: zr � r�I y�• �d' �. d ate' •z , rr:� y,F s `' :.,r'. >r c;c�,tfS _ X, �, _ .Ks§ %.`m o ...-t o • R �_ ' r 46 eR� ti-vr'' - ' '"' f �,? ,e• w•.5 :.+o� i�S ` •s• °U�` � . :`•;• a� ' ` ''ag t' , �S +•• 9. z ` ';`gyp '� ,��zF�. ,�'.,' A. - . 4 ji ir;TWAM"a i r "11. . -.r. ....:.� ;•_: x :� 1VtC���S'1VfOV�G�(3; •.i�;'���. , .. m � � =. • •.:�.:.: • -- a. -: � ... , l�it1� 1f•1�V �' 1GLL�� r-1. 1C.� GJQ.• MEMBER OF NY & FLA BARS MEMBER OF NY & NJ BARS .(1919-2004) NOVIELLO & NOVIELLO, ESQS. ATTORNEYS & COUNSELLORS AT LAW 77 Hughson Road Carmel, NY 10512 (845) 225 -4004 MatthewgMatthewNoviello.corn, Wednesday, October 2, 2013 Emailed to'Sandra.FLisco@,PutnarhCountyNY.gov Sandra M. Fusco, Esq., Senior Deputy Attorney PUTNAM COUNTY DEPARTMENT OF LAW 48 Gleneida Avenue Carmel, NY 10512 Re: SEPTIC SYSTEM AT 13 PLEASANT DRIVE, LAKE PEEKSKILL TOWN OF PUTNAM VALLEY PUTNAM COUNTY, NEW YORK .... — ...- ......roR aq � _.v .+ ....� - ...i..` -. .gyp ._�N ... rY✓ •....�... ♦.• — .a .....a.r ro. w. �.. .. ..mac e...+_ -. �.... ..1r..— - �...._ ^tr 0 --.... ��.�_�•.0 �... Dear Ms. Fusco: As you know, we had another hearing at the Putnam County Health Department offices regarding the Putnam County Health Department v. Angela Denisco. At the hearing today, nine charges of violations relating to leaking sewage at 13 Pleasant Road were re -filed against Angela Denisco and Tina Defillipis. In our previous meeting, we had agreed with Alan Beals, Esq., M.D. Commissioner of Health's statement that eliminating all sewage leaks was the main concern of the County and everyone in the room. Dr. Beals stated that if the sewage leaks were eliminated the charges would be discontinued. Without getting into who is responsible for the sewage leaks, my clients have "taken the high road" and borrowed and spent thousands of dollars in the past few months to stop the sewage leaks. M .sY ^.C• p...sw 1► �...y .�. �.. .ira w'P.'- � tT .P6�d^. �..., �v.... �...m L'•.- �.�d.. .,. . �.+�i�c�'.a ut�' .'�f+ -•�s 'i'oday, �o ert'li� orris, p. erector o nvironmental Ilea tai' confirmed that as of yesterday's inspection, "there was no evidence of a violation and no public health violation." However, Mr. Morris pointed out that the site should be re- inspected after it rains. We agreed. Mr. Dorris also requested that my clients remove and fill in the hole for the sump pump, that is currently in the left front (southeast) corner of the basement. We agreed to relocate the sump pump to the left rear (southwest) corner of the basement (away from the septic fields). Administrative Law Judge Eric S. Zaidins asked my clients for a plea to the nine charges. On their behalf I pled not guilty. Judge Zaidins pointed out that since Denisco and Defillipis have abated the problem, if they plead guilty, he would recommend to the Commissioner (Dr. Beals) that no fine be imposed. If they continue to plead innocent, a fine of up to $500. per charge or $4,500. could be imposed. I stated that it is my contention that since the County of Putnam installed the septic system that failed and caused all the violations, the County of Putnam is a "necessary party" to the violations. From my point of view, either Putnam County can withdraw the charges against Denisco and Defillipis or the County of Putnam can be added to the Defendants and the County can then plead guilty, if they so choose. I further stated that if the Commissioner of the Putnam County Department of Health fines my clients ........ -..._ .._...� cif the -false "6if the septic sy%,�teffiliat as %ris drdd 'o triet8unfy of Putnam, we will add the fine and the cost of Defending my clients to our existing claims and lawsuit against the County of Putnam. I continue to maintain that there is a Subject latter Jurisdiction problem with this proceeding, since the County of Putnam installed the failed septic system, the County of Putnam subcontracts to and pays the Administrative Law Judge who will make the final recommendation in this case, and the County of Putnam employs and pays the Commissioner of the Department of Health who in the end will make the final determination of guilt and set the amount of any fines or penalties. There should never be an appearance of a conflict of interest in any judicial proceeding. In this matter, there is not only an appearance of a conflict of interest, there are factual and legal conflicts of interest. 2 e . .. {. = i th ,th -abov-e. .faets'taridisputed; :fox•; 9u,t4:centiaaue, tQ pxosecute this° case against Angela Denisco and Tina Defillipis represents an abuse of process. Please reconsider, and find a way to terminate this action. There is no longer any threat to public health. Sincerely, Matthew A. Noviello, Esq. cc: Angela Denisco and Tina Defillpis, via email 3 �I ! lT��� 7lit�• �Ge.il/� �itt,'�� _ ��,aa� %Z�__.,�!'1 0. �,5 �� (U.= C.S.e;Y1!:.�t7 .'L�- �' i ��V ✓GAS IvtGl7.�5cv� C'tv�rt GyC S �'<Cc 1tG,f r:..�j:.:.f -- 1 a I_ 1 t _ ,. _ ..:, is i i � . _ _ ° �- .> . a.� = r,... - <• �.c. .r. �. ._... -m <. � - -� ..—.e. _ ..., " ..-.. • -°"-.o • v .e.. -.s q.,. ...' e. .,:......e i 3 i i i i i� DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM -STATE OF NEW YORK IN THE MATTER OF THE COMPLAINT AGAINST -- j - ANGELA-DENISCO TINA DEFELIPPIS ..: -k RESPONDENT(s), Arising out of the Alleged Violations of the Public r Health Law of the State of New York, the Sanitary Code : NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Rules Regulations and COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 PREMISES: 13 Pleasant Road (T) Putnam Valley, NY T.M. 83.72 -1 -36 PLEASE TAKE NOTICE THAT AN AMENDED CHARGE has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7s' day of August at 9:30 A.M., in the Hearing Room, located'at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made,. witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your behalf; AT THE HEARING, IN THE EVENT YOU WISH TO ADMIT TO THE AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer -of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. PUTNAM COUN3AY -BOARD OF HEALTH DATED: August 6, 2013 BY: Brewster, NY 10509 Allen Beals Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. Fa; :r STATEMENT OF CHARGE 1IT M HEREBY ALLEGED THAT THE PERSONS HERMN ]BEFORE NAME ED RESPONDENTS ire charged with violations of the Health Laws of the State of New York and the County of Putnam as ¢follows: 1PUBLIIcC HEALTH[ LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York afad the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. IFNTTAM cCOUNTY SA TAY CODE UnMgd2n as of July 31, 2013 CHARGE SECTION 6 .3.4 Regankdo®: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system '... so as to expose or discharge the sewage content ... on the surface of the ground ...." W®kflotm: Sewage discharged in the basement observed by a representative of PCDOH ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in pca son or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except fer legal excuses. Persons operating an establishment, business or facility without a permit, for Bch a.pertnit: is. re -.will not be granted. an -adjournment. IHleaaltYln mattten°s are -involved ad the ftbug &ffetta As ai `batrskio6 att corisndl Miolae I[ W:cw / R Carano J.Paravati 0 fib R DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM -STATE OF NEW YORK IN THE MATTER OF THE COMPLAINT AGAINST ANrE1.4,DENl[SC0 ,.k-T.. NA DEFELIPPIS• RESPONDENT(s), Arising.out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code . NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Rules Regulations and COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis PREMISES: 13 Pleasant Road 13 Pleasant Road (T) Putnam Valley, NY Lake Peekskill, NY 10537 T.M. 83.72 -1 -36 PLEASE TAKE NOTICE THAT AMENDED CHARGES have been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 2" day of October at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIlVIES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and. a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your behalf; AT THE HEARING, IN THE EVENT YOU WISH TO ADMFF TO THE AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. DATED: September 11; 2013 Brewster, NY 10509 PUTNAM COUNT B OF ALTH BY: A116 B' al ., . Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE I[T IS HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMEEDIESPOND ENTS axe charged with violations of the Health Laws of the State of New York and the County of Putnam as PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York. and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of August 1, 2013 CHARGE SECTION 7 3.4 Inspection as of August 19, 2013 CHARGE SECTION S 3.4 ReguRationn: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground . . . ." WoRadonn: Sewage discharged in the basement observed by a representative of PCDOH. Reg ladonn: "Exposure of Sewage — No person shall ... maintain any . ' .. sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." ....._ _. - - - _ - n® atn ®�: ._ewage_ .isct arge. m thc_ basement... . - observed -by a representatYVe' of PCDOH. Inspection as of: August 26, 2013 CHARGE SECTION 9 3.4 Regullatnonn: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground .... Yiollationn: Sewage discharged in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for which a permit is required — will not be granted an adjournment. Health matters are kvolved and the Public Safety is a 1paramounnt consideration. RW:cw R. Carano ❑ J. Paravati ❑ 4' 06/2.8 /20 11 v 06/27/2011 FAX 4J7 VV I /VVL 12:17 6456284550 CARMEL JUSTICE COURT TOWN COURT; TOWN OF CARMEL COUNTY OF PUTNAM: STATE OF NEW YORK. ... I----A---Y-O------w- ------------------ - --- r---- -------- - - - - -- X ANGELA, DENISCO & TINA DeFELIPFIS, Plaintiffs, .a; gt. DECISION 8� ORDER R.EKLA CONSTRUCTION, INC,, Defendant. This is an action commenced by plaintiffs seeking an award of $3,000. Plaintiffs claim defendant failed to properly perform ceptic repair at their residence located at 13 pleasant Road, Labe Peekskill, New Yrok, Plaintiff seeks reimbursement of the repair bill plus costs to perform further repairs all of which exceed the jurisdictional limits of this Court. It is undisputed that defendant I performed septic work at plaintiff's' residence in February/ March 2007 and was paid .....;...ap XQxipatg1. $8, 500.00. Plaintiffs had. problems including septic rising to the surface in their driveway and in basement: Previously they had- - their septic pumped every two years. The proposal prepared by Hekla Construction was introduced into evidence setting forth the scope of the work to be performed, Defendant's witness testified that both he and the representative from the Health Department found rock ledge in the septic area. The work performed by defendant was done with the approval of the Health Department and the worked passed the final inspection. Plaintiffs claimed the septic repairs were faulty and within 1 year they were experiencing the same problems. They claimed that the defendant failed to properly connect the pipes within the septic system and that the defendant negligently cut or disconnected pipes. Plaintiff's claim that septic is now rising in the area where the. junction box was installed by defendant and that the defendant failed to properly connect the pump up chamber to the septic system, Defendant claimed that the work dome according to the proposal was to add on tv the existing septic system and that the PAGE 02 VUl LUl LV i i Vv Vu i iin - - -- 06/27/2 017 12:17 9456284560 CARMEL JUSTICE COURT PAGE 08 plaintiffs problems were a. a result of the fact that it, was a very small lot and that there was a lot of ledge roc'k in the area of the septic system. The repairs were done properly and approved Wtimately by the board of Health. No expert testiMony was presented by the plaintiff in support of his clam, that the work perfonned by defendant was improper or faulty. Upon consideration of the testimony of the parties and review of the cvi.denco, the Cow Acids that tie plaintiffs have failed to prove that the repairs perfox -med by defendant were improper or defective in wiy spanner. No expert testimony was presented by plaintiffs in support of their claim. The evidence presented is insufficient to support a Fending of any neghgence by defendant in the services perfomed. Accordingly, the Court ids is favor of the defendant and plaintiffs' clam is dismissed. X2, 2010 hJr. Entered by: Lisa Laquidaxii Clerk to: lion. Joseph J, Spofford, Jr. Dated: October 12, 2010 6 O Lisa Laquidara . f DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM: STATE OF NEW YORK X In the Matter of the Complaint Against STIPULATION ANGELA DENISCO and TINA DEFELIPPIS, Case No.: 035-13 -19 OW Respondents, Premises: Arising out of alleged violations of the Public Health 13 Pleasant Road Law of the State of New York, the Sanitary Codes of T /O: Putnam Valley, NY the State of New York and County of Putnam, and TM: 83:72 -1 -36 the Adminhtrative Rules, Regulations and Standards promulgated and established thereto. IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto that in connection with the above captioned matter and above referenced case number, same is hereby resolved, with prejudice, upon the following facts, terms and conditions: 1. That AiNT GELA DENISCO and TINA DEFELIPPIS (hereinafter "Respondents "), the record owners of 13 Pleasant Road, Hamlet of Lake Peekskill, Town of Putnam Valley, _.. :.. _....: _ ....State of. New. York' (he.reimder `.`the Premmi s"); hereby waive their right to- a. formal . administrative hearing pursuant to New York Public Health craw Article 1, et seq, and Putnam County Sanitary Code Article 3, et seq; and 2. That Respondents hereby waive their right to present evidence, examine and cross- examine witnesses and be represented by counsel at a formal administrative hearing pursuant to New York Public Health Law Article 1., et seq, and Putnam County Sanitary Code Article 3, et seq; and 3. That the Putnam County Department of Health charged Respondents with violations of the Health Laws of the State of New York and the County of .Putnam at the Premises, to wit: o C el: o Inspection date: January 29, 2013 Violation of Putnam County Sanitary Code - Article 3, §3.4 Regulation: "Exposure of Sewage ... No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage contents ... on the surface of the ground..." Violation: Sewage discharged in the basement observed by a representative of the PCDOH. A positive dye test confirmed the above referenced house as the source of the discharge. o Charge 2: o Inspection date: March 2g, 2013 Violation of Putnam County Sanitary Code - Article 3, §3.2(I) Regulation: "In the event of the failure of any SS'TS [subsurface sewage treatment system], the Owner or occupant shall forthwith ... place the system in proper and sanitary operating condition ... within such period of time as may be determined by the ... Commissioner..." Violation: Respondent failed to meet the specified due date of March 21, 2013 at the above site to place the subsurface sewage treatment system in proper and sanitary operating condition as determined by a representative of the PCDOH: , - - - - o Charge 3: c Inspection date: March 29, 2013 Violation of Putnam County Sanitary Code - Article 3, §3.4 Regulation: "Exposure of Sew-age ... No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage contents ... on the surface of the ground..." Violation: Sew-age discharged in the basement observed by a representative of PCDOH. o Charge 4: o Inspection date. April 4, 2013 Violation of Putnam County Sanitary Code - Article 3, §3.4 Regulation: "Exposure of Sewage ... No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage contents ... on the surface of the ground.." Violation: Sewage discharged on the surface of the ground ... observed by a representative of PCDOH: a Charee 5: o Inspection date: June 11, 2013 Violation of Putnam County Sanitary Code - Article 3, §3.4 Regulation. "Exposure of Sewage ... No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage contents ... on the surface of the ground..." Violation: Sewage discharged in the basement observed by a representative of PCDOH. • Cie 6: o inspection date: July 31, 2013 Violation of Putnam County Sanitary Code - Article 3, §3.4 Regulation: "Exposure of Sewage ... No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage contents ... on the surface of the ground.,.' Violation: Sewage discharged in the basement observed by a representative of PCDOH. Ch=e 7: o Inspection date: August 1, 2413 Violation of Putnam County Sanitary Code - Article 3, §3.4 Regulation: "Exposure of Sewage ... No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage contents ... on the surface of the ground..." Violation: Sewage discharged in the basement observed by a representative of PCDOH. i f. That on October 29, 2013, an inspection was conducted at the premises by a Putnam County Department of Health representative whose findings included, inter alia, that. the dye test results were negative; and 7. That on October 30, 2013, an inspection was conducted at the Premises by a Putnam County Department of Health representative whose findings included, inter alia, that the dye test results were negative; and S. That on October 31, 2013, an inspection was conducted at the Premises by a Putnam County Depaninent of Health representative whose findings included, inter alia, that the + dye test results were negative; and 9. That the conditions that resulted in the charges against Respondents for violations at the Premises as set forth hereinabove, which constituted an immutent imperilment to the health and safety of the people of the County of Putnam, presented an imminent public health hazard, particularly to the occupants of the Premises and surrounding occupants of -- the-Premises, and found to be a public nuisance; are, on October ;3.1-, ?013, abated; and 10. That Respondents . plead no contcst to the foregoing noticed violations and neither admit nor deny the aforesaid charges against them by the Putnam County Department of Health; and 11. That the parties hereto agree that Respondents' no contest plea is solely for purposes of resolving the above captioned matter and above referenced case number, to wit: the violations and charges as aforesaid, against Respondents by the Putnam County Department of Health, are settled; and 12. That Respondents shall pay a civil penalty assessed by the Commissioner of Health pursuant to the statutory authority vested in the Commissioner of Health in an amount not less than $225, unless otherwise agreed to, in writing, by the parties hereto, payable by Respondents to the Putnam County Commissioner of Finance upon the execution of this Stipulation Dated: ��DiIP ��� �a (.f 27,013 Responde t Respondent Putnam County Health De By: Sign and Print Name Administrative Law Ju e On this 41 day of AlNtvi her- , 2013 before me personally appeared AM& Dwisco personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the sauce in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. MATTHEW A. NMIE -1 O �iL+� s �t'i +rauiCri i LXi�'�S' ' '117I/7,j 11V A N iary Public On this 2- V�k day of �G%r1 r� ( , 2013 before me personally appeared Tina Def:LWVis personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. MATTHEW A. N0 . Nota y Pubic ®owiie : i in P i.;ain County No. 02NQ(5U68S8 Curl mission Expires* A A /� 'G' A No ary Public On this tf� day of P 66-k— 2013 before me personally appeared C4W 1tki-3 personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her capacity and that by his/her signature 07'(j 11 C SANDRA M. FUSCO NOTARY PUBLIC STATE OF NEW YORK NO.02FU6168807 QUALIFIED IN PUTNAM COUNTY COMMISSION EXPIRES JUNE 18, 201 DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM-STATE OF NEW YORK IN THE.MATTER,OF THE COMPLAINT AGAINST, A? STIPULATION Z0 1'4D RESPONDENT(s), OF DISCONTINUANCE Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code CASE N0. 70 W of the- State of New York, the Sanitary Code of the County Facility No. of Put=, and Administrative Rules Regfilations and Standards Promulgated Pursuant Thereto 1,3 IT IS HEREBY STIPULATED AND AGREED by and between the respective parties hereto that the within matter is hereby terminated upon the folio terms and conditions. C 1. The Respog4ent(s) adpi& the. tRJ the allegations set forth in the Statement of Charges. a4 SUdA rk"- -Qe oorqb$4 o`� n=&1u tu ftA-. 2. Th�q�espondent(s) represent: 4(�Xm'- Wm d4wiL it is in compliance with the Code(s). it will .be in compliance with the Code(s) by 3. That Respondent(s) understand a p 6-civil penal be imposed by the Commissioner of Health by Order, methm ef the 4. That in mitigation Respondent(s) Asserts: (1 I LiAft jy4e.- �A� f� e t6 gp _t f I r - DATE: I "'-- - q — 13 Brewster, New York 10509 STIPULDISCONTAFFM 1.7 X,�Alhilvvfy Par Aeh)sc&� n94� 6 e �'Jjlp fs For PumMhTounty Health Department Wedn December 04, 2.013 CASE TIME VIOLATOR PHCD GC SENT I j GC REC'D NOTES 073-13-09 9:30 AM Ariano's Trattoria 11 SIR 9/26/2013 10/3/2013 '6 042-13-02 9:30 AM Carmel Family RestIMcCarthy's LC VV it qA4- sr rte. uzzzz alu- 0 12-11 A'9WS 9:30 AM William Boyar SIR 11/8/2013 11/12/2013 075-13-02 9:30 AM Route 22 Wins ,9 Things - L tow 035-13-19OW 10:30 AM Denisco/Defilippis jp 12 lu Ar-) aw/ i. ALLEN BEALS,,M.D., ID. Commissioner of Health MPH L?Jrector of Environmental Health July 2, 2013 DEPARTMENT OF HEALTH I Geneva Road, Brewster, New York 10509 Phone # (845) 808-1390 Fax # (845) 278-7921 Angela DeNisco, 13 Pleasant Road Lake Peekskill, NY 10537 Dear Ms. Denisco: VIA FIRST CLASS MAIL VIA CERTIFIED MAIL (RRR) MARYELLEN ODELL County Executive Re: Case No. 035-13-19 Premises —13 Pleasant Road (T) Putnam Valley rhia' k ...' ­466dufe as -been dul-ed4br-August'T, 20*l3-at'9-.30-XM'.-M** R anng 0-for Judy ;401 sche the Hearing Room, at the Putnam County Department of Health, I Geneva Road, Brewster, New York. Please telephone the writer at (845) 808-1390 ext. 43216 with any questions in regard to this correspondence. Sincerely, Rick Carano Public Health Supervisor RC:cw cc: J. Paravati Rick Carano Monday, July 01, 201312:27 PM Christina Walsh Robert Morris; Marianne Burdick; Joseph Paravati Denisco /13 Pleasant Rd. hearing #35 -13 High Miss Chris: Please format a hearing rescheduled (not adjourned) letter relative to the below for signature. The new hearing date & time is August 7", 2013 at 9:30am. I thank you, Rick From: Rick Carano Semi: Monday, April 15, 2013 5:06 PM To: Christina Walsh Cc: Marianne Burdick; Joseph Paravati; Mitchell Lee Subject: Denisco /13 Pleasant Road hearing Hello Miss Chris: Please sched -ute -a hearing for Joe. on May 1, 2013 at 10 :30am with the below: Thanks To: Angela Denpisco 13 Pleasant Road] ]Labe Peekskill, NY 10537 ]Locations of Violation (Premises): 13 Pleasant Road, (T) Putnam Valley, NY Tax map # 83.72 -1 -36 Case No. Complaint No. 014- 13 -19OW PUTNAM COUNTY SANITARY CODE - ARTICLE 3 Inspection as of. January 29, 2013 PUT-NAM GQ rr.TTV SANITARY Q4)D CHARGE SUBPART 1 Section 3.4 Regulation: "Exposure of Sewage ... No person shall ... maintain any ... sewage treatment disposal system ... so as 1 M.D., J.D. Health &d Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Phone # .(845) 808 -1390 Fax # (845) 278 -7921 MARYELLEN ODELL Cowity Erecz ve NOTICE OF HEARING CONTINUATION N C, G�471,$C-0 sK [� Re: Notice of Hearing Continuation Case # 05L 13 - . W 3 P4 gASA-n>r Dear s20 m e'm V rItU- y , This letter is to inform you that Eric S. Zaidias, Esq.. an Administrative Law Judge has ordered, that the informal hearing of : L) A7 e- 5 � _.... - Cie # E? / f Wi'. -1 be- co un d 7: �, �: Y, 3 w at �(� o /S A.M. at the Putnam County Department of Health, 1 Geneva Road, Brewster, New York 10509. Should you have any questions relative to this matter, do not hesitate to telephone Rick Carano of this office at (845) 808 -1390 ext. 43216. Received by: ��"'" U Date: 6 S RC:cw gg 1Yi1 D-9 ime ofHedth ofEnWronmentalHedth DEPARTMENT OF EEALUE1 I Geneva Road, ]Brewster, New York 10509 Rome 9 (045) 000-1390 . Fax # (345) 278-7921 WA FIRST CLASS MAIL VU CERTIFIED MAffL MM Date: TO: 13 P1_&,,q-jO7Vr-AV Re: Case No. 03-s---13 Premises - l P4�,*Vr Lim Dear /�. ...The:Hea,dng.scheda led fa hay-beenzescheduled fdr- Of 3 at A.M. in the Hearing Room, at the Putnam County Department of HeaA, I Geneva Road, Brewster, New York. Please telephone the writer at (845) 808-1390 ext. 43216 with any questions in regard to this correspondence. Sincerely, Rick Carano Public Health Supervisor RC:cw cc: 1, M.D., J.D. ofHeft MARYELLEN 909LL County Executive FURT.MORM P.E. ofEnvironmentelHeaNh_ X11! :`` ,:.:y:.. .. ro ::y':.rat =:• .. �«�..:4v- d�= '3.-�a. --:T .r. ._.: o' .: ,.. ,. ,- •a..:... . r.. � ;.�.::-= ..e- •:.':. .+.. .w.'s•-i:_. ... ;+w.. .. -...r DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Telephone: (845) 808 -1390; Fax: (845) 278 -7921 April 18, 2013 Timothy D. Zubradt Arrow Excavating 22 Drover's Lane Dover Plains, NY 12522 Re: Denisco Enforcement Hearing 13 Pleasant Road (T) Putnam Valley, TM 83.72 -1 -36 Dear Mr. Zubradt: An enforcement hearing for Angela Denisco has been set for May 0' 2013 at 10:30 A.M. This Department is requesting your presence at the hearing in case any questions-arise concerning the removal and reinstallation of the septic system. Please contact us if you have any questions. Sincerely V oseph S. Paravati, Jr., P.E. Assistant Public Health Engineer JSP:cw y°►='� Nrv155(01y 0 F CN r L 4443 C04 OWWW .. —,. .0 �4 iry � .a u _ _ 0 N®VIELL® & NOVRELL® Attorneys & Counselors at Law J—le -.160 /I DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM -STATE OF NEW YORK IN THE MATTER OF THE-COMPLAINT AGAINST ANGELA IaENISC - } RESPONDENT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code : NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 of Putnam, and Administrative Rules Regulations and COMPLAINT NO. 14- 13 -19OW Standards Promulgated Pursuant Thereto TO: Angela Denisco 13 Pleasant Road Lake Peekskill, NY 10537 PREMISES: 13 Pleasant Road (T) Putnam Valley, NY TM 83.72 -1 -36 PLEASE TAKE NOTICE THAT CHARGES have been preferred against you to the effect' that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the I" day of May, 2013 at 10:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny _ the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence is± your behalf; AT THE HEARING, IN THE EVENT YOU WISH TO ADMIT TO THE CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. PUTNAM CO y1RD OF HWALTH DATED: April 17, 2013 BY: Brewster, NY 10509 Allen Beals, M. Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE IT ICS HEREBY ALLEGED THAT THE PERSONS HIEgBIEl N BEFORE NAME D RESPONDENTS Ali -geai , --violations- of- thy- Iiealth" Laws' of -the State bfNlew-Yoik- ,k&ffi' County of Futda n as follows: PUTNAM COUNTY SANNARY CODE - ARTICLE 3 Inspection as of January 29, 2013 CHARGE SECTION: 1 Section 3.4 Violation as of March 28, 2013 Regulation: "Exposure of Sewage .... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... onthe surface of the ground . . . ." Violation: Sewage discharged in the basement observed by a representative of PCDOH. A positive dye test confirmed the above referenced house as the source of the discharge. CHARGE SECTION: PUTNAM COUNTY SANITARY CODE 2 Section 3.2 (1) Regulation: "In the event of a failure of any SSTS, the owner or occupant shall forthwith ... place the system in proper and sanitary operating condition ... within such period of time as may be determined by the ... Commissioner...." Inspection as of: March 29, 2013 CHARGE SECTION: 3 Section 3.4 Inspection as of April 4, 2013 CHARGE SECTION: 4 Section 3.4 Violation: Respondent failed to meet the specified due date_ of March 21, 2013 at the above site to place the subsurface sewage treatment system in proper and sanitary operating condition as determined by a representative of the PCDOH. Regulation: "Exposure of Sewage ... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground . . . ." Violation: Sewage discharged in the basement observed by a representative of PCDOH. Regulation: "Exposure of Sewage ... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged on the surface of the _ ground ... observed by a representative of PCDOH. Y.; ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the �healk safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in y e�r_son_gr :b �' coimsel, _. ta.the.1 Ieari' A xn�s a ivy. cig P n - ? ._.:.- - ..:.._,...,.., .�,. for legal excuses. Persons operating an establishment, business or facility without a .permit, for which a permit is required — will not be granted an adjournment. Health matters are involved and the Public Safety is a paramount consideration. AB:cw R. Carano ❑ I Paravati !] M. Burdick ❑ DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM -STATE OF NEW YORK ffN TE IA?i'1I ER O1F THE COMPLAINT AGAINST GIEE- bI Sic a '&`TM A DRVELIIPPES Q RESPONDENT(s), Arising out of the Alleged Violations of the Public ;1r Health Law of the State of New York, the Sanitary Code . NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Rules Regulations and : COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 PREMISES: 13 Pleasant Road (T) Putnam Valley, NY T.M. 83.72 -1 -36 PLEASE TAKE NOTICE THAT AN AMENDED CHARGE has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7h day of August at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva.Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your.behalf; AT THE HEARIINO, Hq THE EVENT YOU WISH TO ADI�UT TO TIED AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. - DATED: ,Dully 23, 2013 Brewster, NY 10509 Afllen als .D., J.D. Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE [SHEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS charged with violations of the Health Laws of the State of New York and the County of Putnam, as. �ws: • ?ra: -, - .:,Y� %,%C -n =a' � ., .=r`- .. •os• -•5 f^ � '%- e:.'.. .-. ^ia' •.:��r' ^Y _< :::." .:i.:ail: {r =.. .:i+ •i. •i:... PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public. Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public.Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of June 11, 2013 CHARGE SECTION 5 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground . .. ." Violation: Sewage discharged in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to: go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for which a- permit is= requited' g-- will not -be granted an adjournment-. Health matters are involved and the Public Safety is a paramount consideration. RW:cw % R. Carano �j� / J. Paravati Lk' file IIDMSff0N OIF IENMOIVIENTAIL ]HEALTH SIERWCIES n. 4 COUNTY OF PRAM- STATE OF NEW YORK IN THE MATTER OF THE COW LAIINT AGAINST e .. ,,.,_.�.r -, .. .. T�' a��. �i" n��:��'�s''a���a1Lh7111rI���`T- ,., '•oA -� -e ':,. .. -.-. x RESPOIVIDEIVT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code . NOnCIE OIF IKEArlll\1EG of the State of New York, the Sanitary Code of the County o CASE NO. 035-13-19 OW of Putnam, and Administrative Mules regulations and : COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto TO: Angela IDenisco &'Tina IDefelippis PREMISES: 13 Pleasant road 13 Pleasant road (T) Putnam Valley, NY, Lake Peekskill, IVY 10537 T.M. 83.72 -1 -36 PIIdEASIE TAIIKE NOTItCIE TM IAT AN AMENDED CHARGE has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMO MD TO APPEAR at a.hearing to be held under the provisions of the Putnam County Sanitary Code and Public health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7h day of August at 9:30 A.M., in the Hearing boom, located at route 312, 1 Geneva, road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIIIMES YOU WILL HAVE TIDE R]ItGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your.behalf; AT THE HEAR�N G, IN TIfIi)E EVENT YOU WASH TO AIIDIVIIIT TO TIEIIIE AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR IFAlI1LUR E TO APPEAR, -a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PIENAILTM up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. DATED: ,Dully 23, 2013 Brewster, NY 10509 � :� A k. Vii)111 �1 %C� �b 1►: D� iU I ! „'1} I I I I Allen s M. D., J. D. Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. aA STATEMENT OF CHARGE IS HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS charged with violations of the Health Laws of the State of New York and the. County. of:Putaaam a. s.. BLIC HEALTH LAW OF THE STATE OF NEW YORK nations of any and all provisions of the Public. Health Law of the State of New York and the State and inty Codes and Administrative Rules and Regulations promulgated pursuant thereto — which. shall be nd to be found to constitute a.NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of June 11, 2013 CHARGE SECTION 5 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any .:. sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the - basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a _permit,. for which -a-pei�c is-required —. will'not be granted "an adjournment. wHealth matters are involved and the Public Safety is a paramount consideration. RW:cw % R. Carano [� J. Paravati file ID)WIISION OF ENVIRONMENTAL HEALTH SERVICES cCOUIM OF PUTNAM- STATE OF NEW YORK IN THE MATTER OF THE COMPLAINT AGAINST RESPONDENT(s), : Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code . NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Mules Regulations and : COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 1053 7 PREMISES: 13 Pleasant Road M Putnam Malley, NY T.M. 83.72 -1 -36 PILIEASIE TAIL NOTICE THAT AN AMENDED CE1A G E has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7a' day of August at 9:30 A.M., in the Hearing boom, located at Route 312, 1 Geneva. Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your behalf; AT TEE HEARING IN TIE EVENT YOU WISH TO AIIDPUT TO TIIiLIE AM[ENDIED CHARGES, ES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UIPON YOUR IFAIOL URE TO APPEAR., -a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIIVIEL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such fiu they orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. �-- DATED: July 23, 2013 Brewster, NY 10509 AUen` .D., J. D. Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE IT IS HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS are charged with violations of the Health Laws of the. State of New York and the County of Putnam as S, PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public. Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection M of. June 11, 2013 CHARGE SECTION 5 3.4 Regulation: "Exposure of Sewage — No person shall . . . maintain any . .. sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground . . . . " Violation: Sewage discharged in the -basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hem* Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment business or facility without a permit for --is rg . urc -mefit. h-'- involved _pei*t__1_ Qt cl*, Aft1jt_.bt*aht6d'an'a'djoum 21t matters kre and the Public Safety is a paramount consideration. RW:cw R. Carano J. Paravati file URDVIISION OF ENVIRONMENTAL HEALTH SERVICES r COUNTY OF PNTNAM -STATE OF NEW YORK IN THE MATTER OF THE COMPLAINT AGAINST &: TINA DEYEL-IPPgS:, •..: :_ :.:- RESPONDENT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code of the State of New York, the Sanitary Code of the County of Putnam, and Administrative Rules Regulations and Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 COMPLAINT NO. 14 -13 -19 OW PREMISES: 13 Pleasant Road (T) Putnam Valley, NY T.M. 83.72 -1 -36 PLEASE TAKE NOTICE THAT AN AMENDED CHARGE has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7h day of August at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your behalf; AT THE HEADING, IN THE EVENT YOU WISH TO ADMIT TO THE AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer -of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. PUTNAM CODJN OADBDD OF HEALTH DATED: August 6, 2013 DAY: Brewster, NY 10509 Allen Beals M.D., . Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE 'HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS I rged with violations of the Health Laws of the State of New York and the County of Putnam as �.-. w s -. � _. �. � � - ,Q �r: c��. . _� ... LY's -•.:, .. � - :i � , m ,.,y �. r : a .: w:' T �.- ' u " . , . ..v :ri'<<.::�' � i er.c�, - . `- r "PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of July 31, 2013 CHARGE SECTION 6 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system'. . . so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be.made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for, legal excuses. Persons operating an establishment,. business. or facility without a.permit,. for,...._..,: _ .,..... -� -which•a-pmnit is re"qui' d' vvili not"be'graiited ari adjoizrriinetit. 'l ealtli °matters °are iiivolveil- and the Public Safety is a paramount consideration. RW:cw / R. Caran L( J. Paravati ❑ file DIVISION OF ENVIRONMENTAL HEALTH SERVICES ` COUNTY OF PUTNAM -STATE OF NEW YORK IN THE MATTER OF THE COMPLAINT AGAINST h ANGELA DENISCO,&& ,TINA-DEFFLITPIS ::.,.�. RESPONDENT(s), - - Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Rules Regulations and COMPLAINT NO. 14- 13 -19-OW Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina. Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 PREMISES: 13 Pleasant Road (T) Putnam Valley, NY T.M. 83.72 -1 -36 PLEASE TAKE NOTICE THAT AN AMENDED CHARGE has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7t' day of August at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your behalf; - AT,THE HEARENG;IN THE EVENT YOU WL§H TO ADMIT TO THE AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may 'issue a warrant to any Peace Officer -of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. PUTNAM COUNX*ROARD OF HEALTH DATED: August 6, 2013 BY: " Brewster, NY 10509 Allen Beals M:D., . Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. mow STATEMENT OF CHARGE IT IS HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS �} are charged with violations of the Health Laws of the State of New York and the County of Putnam as _ follows, • r . m� .dry ... � .. .... � - PUBLIC HEALTH LAW OF THE STATE. OF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of July 31, 2013 CHARGE SECTION t 6 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system '... so as to expose or discharge the sewage content ... on the surface of the ground ...." WoRatnon: Sewage discharged in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for which a ermit -is r _ Y; a .. � e9r>�'� . �:wt�l.�.not. be .:.diiled;.an..a 'atunment : anad the Pubb& Safety is a paramount consideration. RW:cw R. Carano J. Paravati ❑ file DIVISION OF ENVIRONMENTAL HEALTH SERVICES '.O]E ]RUTNAA" -- T-ATE-0 IN THE MATTER OF THE COMPLAINT AGAINST, ANGELA DENISCO & TINA DEFELIPPIS . Respondent(s), Arising out of the Alleged violations of the Public Health Law of the State of New York, the Sanitary Code of the State of New York, the Sanitary Code of the County of Putnam, and Administrative Rules, Regulations and Standards Promulgated Pursuant Thereto. TO: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 COMMISSIONER'S ORDER FOR ACTION Case No. 035 -13 -19 OW PREMISES: 13 Pleasant Road Putnam Valley, NY 10579 TM 83.72 -1 -36 I, Dr. Allen Beals, Commissioner of Health, Putnam County Health Department; State of New York, under the Public Health Law of the State of New York, Sanitary Codes of the State of New York and : County of Putnam, after investigation, find that violations of the Sanitary Code of the State of New. York existed on: • January 29, 2013, • March 28, 2013, • March 29, 2013, _ . , ... • '. April, • June 11, 2013 • August 1, 2013 • August 19, 2013 o August 26, 2013 and continuing to date as constitutes an existing imminent imperilment to the health and safety of the people of the County of Putnam, State of New York, and that is also constitutes a nuisance affecting the health of the people of the County of Putnam and State of New York. I, therefore, find that there exists an imminent public health hazard particularly to the occupants and surrounding occupants of the premises located at 13 Pleasant Road, Lake Peekskill, NY and that you are in violation of Article 3, Sections 3.2(I) and 3.4 of the Putnam County Sanitary Code and therefore, pursuant to my powers as Commissioner of Health, Putnam County Health Department. 1. YOU ARE HEREBY ORDERED to immediately correct and abate the conditions existing at the premises located at 13 Pleasant Road, Lake Peekskill, NY, and 2. THE APPROPRIATE STEPS MUST BE TAKEN immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system and 3 `# LEASIE TAKE NOTICE, THAT CIVIL PENALTIES up to $500.00 for each violation may be assessed against-you. y - 4. PLEASE TAKE FURTHER NOTICE, that each day of continuing violation, from the date of this Order, shall constitute a separate and distinct violation. PLEASE BE ADVISED, that failure to comply with this Order immediately may subject you to civil and or criminal penalties. DATED: September 13, 2013 Brewster, NY 10509 Dr. Allen Beals, Commissioner" oTlie,, Putnam County Department of Health Order for Action - COH JENNIFER S. BUMGARNER County Attorney e. - ANDIREW W. NEGRO First Deputy County Attorney �ADRIENNEI. SPADACCINI Senior Deputy County Attorney For Risk and Compliance DEPARTMENT OF LAW Matthew A. Noviello, Esq. Noviello & Noviello, Esqs. 77 Hughson Road Carmel, New York 10512 Dear Mr. Noviello: August 16, 2013 RE: Denisco/DeFellipis ROBERT A. NOAH Senior Deputy County Attorney �� of Notice of Hearing and Notices of Violation for Failing Subsurface Sewage Treatment System Premises: 13 Pleasant Road, Putnam Valley, NY Enclosed herewith please fmd Notice of Hearing scheduled for October 2, 2013 before Eric S. Zaidins, A.L.J., together with the Notices of Violation in connection therewith, which have been duly served on the homeowners of the above referenced premises. Please note that despite prior demand(s) made by the Commissioner of Health, upon information and belief, no corrective measures have been taken by the homeowners of the above referenced premises to place the failing subsurface, sewage treatment system in proper and sanitary operating condition as required by the Putnam County Department of Health for the hcailth,- safety. .and.Nyelfare--of the comm UAW, 'F.a.ilure.to correct sam, e-shall. result in..the_issuance of additional violations for which the homeowners will be charged. Please be guided accordingly. Very truly yours, andra M. Fusco, Esq. Sr. Deputy County Attorney Enclosures cc: Allen Beals /Commissioner of Health MaryEllen Odell/County Executive Bruce Walker/Deputy County Executive Jennifer S. Bumgarner /County Attorney ,/Robert Morris/Department of Health Rick Carano/Department of Health 48 GLENEIDA AVENUE, CARMEL, NEW YORK 10512 Tel. (845) 808 -1150 / Fax (845) 808 -1903* *This office will not accept service via facsimile l� y DWISION 07 ENVIRONMENTAL TAL HEALTH. SERVICES :. g�rvp++� �t g�g7�n��,� �q� .fit ..�qq�@.� 7�N ®tULV H 71r O F Il 1�TLill9'Ilo°STA E �l//� LV1L' �YV II ®I�1fll — ffN THE MATTER OF THE COMPLAINT AGAINST, ANGELA DIEN ISC® & TINA D EIFiEL11PPIS Respondent(s), Arising out of the Alleged violations of the Public Health Law of the State of New York, the Sanitary Code of the State of New York, the Sanitary Code of the County of Putnam, and Administrative Rules, Regulations and Standards Promulgated Pursuant Thereto. T®: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 . C®MMISSIONER.90 ORDER FOR ACT1[ON c me No. 035 - 131 -19 Ow PREMISES: 13 Pleasant Road Putnam Valley, NY 10579 TM 83.72 -1 -36 I, Dr. Allen Beals, Commissioner of Health, Putnam County Health Department, State of New York, under the Public Health Law of the State of New York, Sanitary Codes of the State of New York and County of Putnam, after investigation, find that violations of the Sanitary Code of the State of New York existed on: • January 29, 2013, • March 28, 2013, • March 29, 2013, 11"Pril4,- 20.13,- • June 11, 2013 • August 1, 2013 o, August 19, 2013 o August 26, 2013 and continuing to date as constitutes an existing imminent imperilment to the health and safety of the people of the County of Putnam, State of New York, and that is also constitutes a nuisance affecting the health of the people of the County of Putnam and State of New York. I, therefore, find that there exists an imminent public health hazard particularly to the occupants and surrounding occupants of the premises located at 13 Pleasant Road, Lake Peekskill, NY and that you are in violation of Article 3, Sections 3.2(1) and 3.4 of the Putnam County Sanitary Code and therefore, pursuant to my powers as Commissioner of Health, Putnam County Health Department. 1. YOU ARE HEREBY ORDERED to immediately correct and abate the conditions existing at the premises located at 13 Pleasant Road, Lake Peekskill, NY, and 2. THE APPROPRIATE STEPS MUST BE TAKEN immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to' the system and 3. PLEASE TAKE NOTICE, THAT CIVIL PENALTIES up to $500.00 for each violation maybe -�F ,. e�- SS.cssed- ��ai�st j�o ... -• . „--- � .._ .. n: -.. -. ` _ - -, _. �.,.< -� .... .. ' ..�,. ...::... �. . 4. PLEASE TAKE FURTHER NOTICE, that each day of continuing violation, from the date of this Order, shall constitute a separate and distinct violation. PLEASE BE ADVISED, that failure to comply with this Order immediately may subject you to civil and or criminal penalties. DATED: September 13, 2013 Brewster, NY 10509 Dr. Allen Beals, Commissioned of He., Putnam County Department of Health Order for Action - COH M DIVISION OF ENVIRONMENTAL HEALTH SERVICES �Q},TY OF PUTN1AM- STATE OF NEW YORK IINI THE MATTER OF THE COMPLAINT RESPONDENT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code . NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Rules Regulations and . COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis PREMISES: 13 Pleasant Road 13 Pleasant Road (T) Putnam Valley, NY Lake Peekskill, NY 10537 T.M. 83.72 -1 -36 PLEASE TAME NOTICE THAT AMENDED EIlD CHARGES have been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 2nd day of October at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TAMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made,. witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses, and evidence in your behalf.; AT THE HEARING, U-4 THE EVENT YOU WISH TO ADMIT TO THE AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had heen issued out of a court of record- DATED: September 11, 2013 Brewster!, NY 10509 PUTNIAM CO><JN B 0>F EALTH BY: Allen 1B` ll ., . . Commissiouner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE EREBY .ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS ged with violations of the Health Laws of the State of New York and the County of Putnam as ,PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of August 1, 2013 CHARGE SECTION 7 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground . . . . " Violation: Sewage discharged in the basement observed by a representative of PCDOH. Inspection as of. August 19, 2013 CHARGE SECTION 8 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system '... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged. in the basement Inspection as of: August 26, 2013 CHARGE SECTION 9 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for which a permit is required — will not be granted -an adjournment. Health matters are `involved and the Public Safety is "a paramount consideration. lvCz t3 " � RW:cw R. Carano ❑ J. Paravati ❑ a ,UOURN1M1 TS: Public Health Law violations are health, safety and welfare of the community. They:.,ca Casual adjournments or hearings will be granted A ppi- erg sel to,t p y E C�1r 1, h�✓ � ....r .._ �F ,�?rk �r by -ao�an _ .� arin✓ �. +� for legal excuses. Persons operating an estabhshn ent, b > which a permit is required — will not be granted an'ad�o /t r J / Ole- - l ,y c- �C3It3 - ��suc� 7Z 8� 1q, 3 0 i NOVI ELLO & N®dl«L � Attorneys & Counselors at aw i - I 77 Hughson Road Matthew A. Noviello, Esq. Cannel, NY 10512 (845) 225 -4004 ALLEN BEALS, M.D., J.D. Commissioner ofHealth Director ofEnwommenalhiealth MARYELLEN ODELL CozWy'&W=f 9e Dear DE4 ISO S. ��1.IPPlS Nottce of Hearing Conttnuatton Case # C3,§— 12 - (R ©k% 13 A, "6jwT T-;4�6. PUrA9nl�l V&IlEYt f V. Y. This letter is to inform you that Eric S. Zaidins, Esq., an Administrative Law Judge has ordered that the hearing of 64� 2 2v Case. #:Q';:� i.will be: oc ninued on': .�.. - _ .. . at' at the Putnam County Department of Health, 1 Geneva Road, Brewster, New York 10509. Should you have any questions relative to this matter, do not hesitate to telephone -Rick Carano of this office at (845) 808 -1390 ext. 43216. Received : .b �!vv`u Date: % Z 01y Y RC:cw IID]IVIISI ON OF ENVIRONMENTAL HEALTH SERVICES c(DUNTY OF PNTNAM -STATE OF NEW YORK °- ffN.THIE. MATTER OF -THE COMT LAU4,T AGAINST - .......... Al G1E1L.A FIDIENI(SCO TINA IIDIEF ELII?KS : RESPONDENT(s), : Arising.out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code of the State of New York, the Sanitary Code of the County of Putnam, and Administrative Rules Regulations and Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis 13 Pleasant Road Lake Peekskill, NY 10537 NOTICE 4 : CASE NO 035 -13 -19 OW D 9 �4 COMPLAINT NO. 14 -13 -19 OW PREMISES: 13 Pleasant Road (T) Putnam Valley, NY T.M. 83.72 -1 -36 ?LEASE TAKE NOTICE THAT AMENDED CHARGES have been preferred against. you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 2nd day of October at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, .Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808-1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your r- behalfr AT THE HEARING, W TIIII]E.IEVIENT YOU WASH TO AIIDAUT TO THE AMENDED NflDIE➢D CIHiARG ES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; C)IVIIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. DATED: September 11, 2013 Brewster, NY 10509 PUTNAM COFUNT B 0 EALTH BY: All nn B afl Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE Nft IS HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS ``are charged with violations of the Health Laws of the State of New York and the County. of Putnam as PUBLIC HEALTH LAW OF THE STATE OF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of August 1, 2013 CHARGE SECTION 7 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. Inspection as of: August 19, 2013 CHARGE SECTION 8 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the. basement observed b;ea.-rep €.esertative of PiCDOH. - Inspection as of: August 26, 2013 CHARGE SECTION 9 3.4 Regulation: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged. in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for which a permit is required — will not be granted an adjournment. Health matters are involved and the Public Safety is a paramount consideration. RW:cw R. Carano ❑ J. Paravati ❑ I WIISFOIY OF FI OI�I�IV` TAIL HEALTH SERVICES 'COUNTY OF PBJTI�1AI�il -STATE OF NEW YORK y ` IN .'�II'H MATTER TIEIl�B��®�.F THE 0O1�PLAINTs�AcGA�_ 1S'� `Al�''d GE LA 1lliE-NI8 � R Il 111 1 i� �JE.i�t' LIPPIS ' _ •: . ; ; ' ° s 7 . RESPONDENT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code : NOTICE OIF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Rules Regulations and e COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto : TO: Angela Denisco & Tina DeFelippis 13 Pleasant Road Lake Peekskill, NY 10537 PREMISES: 13 Pleasant Road (f) Putnam Valley, NY TIVg 83.72 -1 -36 PLEASE TAKE NOTICE THAT CHARGES have been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 2 °d day of October, 2013 at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILIL HAVE THE RIGHT to be represented'by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a. date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined,. and documentary evidence,may be offered and .received, • : u - , - and you w produce witiaesses aad evidence in your liehalt; AT THE HEARING, MI THE EVENT YOU WASH TO ADMIT TO THE CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR IFAIDLURIE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PIENAILTIDES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. PUTNAM C i T]HI DATED: Aangust 10, 2013 BY: Brrewster, NY 10509 , M- Oommmmbdonner of IHleallth Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE ;IT IS HEREBY ALLEGED THAT THE PERSONS .HEREIN BEFORE NA*kp-)<tES ON%1EjNT'S. =are -0hargediwith--*61 oiis'of tlie'HC6ttti La`VVs oft►ie SUte' W6' `S A and the County of Putnam as follows: PUTNAM COUNTY SANITARY CODE - ARTICLE 3 Inspection as of January 29, 2013 CHARGE SECTION: 1 Section 3.4 Violation as of: March 28, 2013 CHARGE 2 SECTION: Section 3.2 (1) Inspection as of: March 29, 2013 CHARGE SECTION: 3 Section 3.4 Inspection as of April 4, 2013 CHARGE SECTION: 4 Section 3.4 Regulation: "Exposure of Sewage ... No Person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. A positive dye test confirmed the above referenced house as the source of the discharge. Regulation: "In the event of a failure of any SSTS, the owner or occupant shall forthwith ... place the system in proper and sanitary operating condition ... within such period'of time as may be determined by the ... Commissioner ...:" Violation: Respondent failed to meet the specified due: dateof lV[ arch2l -;-20i3�atthe'aboveste�•��.r�. ..• -- • ,�� • to place the subsurface sewage treatment system in proper and sanitary operating condition as determined by a representative of the PCDOH- Regulation: "Exposure of Sewage ... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. Regulation: "Exposure of Sewage ... No Person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground . . . . " Violation: Sewage discharged on the surface of the ground ... observed by a representative of PCDOH. ` Instiection as of: June 11, 2013 } CHARGE SECTION on. �`l xposure o ewage — No person shall .... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Inspection as of July 31, 2013 CHARGE SECTION 6 3.4 Violation: Sewage discharged in the basement observed by a representative of PCDOH. Regun➢adonn: "Exposure of Sewage. — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content :.. on the surface of the ground ...." WoRaltllon: Sewage discharged in the basement observed by a representative of PCIJOH. AIlDJOURNMNTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for which a permit is required — will not be granted an adjournment. Health matters an°e involved .wd the Public Safe ty is a Iparammouvmt considen°aitiom<e _...... _ _ AB:cw R. Carano ❑ J. Paravati ❑ M. Burdick ❑ 'DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM -STATE OF NEW YORK IN THE MATTER OF THE COMPL. A GAINST :.:._ :: . ANGELA DEN, ENISCO & TINA DEFELIPPIS RESPONDENT(s), Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code of the State of New York, the Sanitary Code of the County of Putnam, and Administrative Rules Regulations and Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina DeFelippis 13 Pleasant Road Lake Peekskill, NY 10537 f .::.:�. t Pte,. t, : ,;� -... �•j.im , . . I NOTICE OF HEARING CASE NO. 035-13-19 OW COMPLAINT NO. 14 -13 -19 OW PREMISES: 13 Pleasant Road (T) Putnam Valley, NY TM 83.72 -1 -36 PLEASE TAKE NOTICE THAT CHARGES have been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 2 "d day of October, 2013 at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented'by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be. swom and examined- and cross examined, and docuulentarY evidence may. be offered and rece yecl,.�. and you may produce witnesses and evidence in your behalf; AT THE HEARING, IN THE EVENT YOU WISH TO ADMIT TO THE CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. PUTNAM C TH DATED: August 10, 2013 BY: � Brewster, NY 10509 s, M. Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATIEM[ENT OF CHARGE RREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS ged.,witli vnolatio,.as`of the Iledth,La, vs. of �the�State'o%N6w- &Y'ork &id it e. Count `of Pit as Inspection as of January 29, 2013 CHARGE SECTION: 1 Section 3.4 Violation as of March 28, 2013 CHARGE SECTION: 2 Section 3.2 (I) Inspection as of March 29, 2013 CHARGE SECTION: 3 Section 3.4 Inspection as of: April 4, 2013 CHARGE SECTION: 4 Section 3.4 Regulation: "Exposure of Sewage ... No Person shall :.. maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. A positive dye test confirmed the above referenced house as the source of the discharge. Regulation: "In the event of a failure of any SSTS, the owner or occupant shall forthwith ... place the system in proper and sanitary operating condition ... within such period of time as may be determined by the ... Commissioner ...." Violation: Respondent failed to meet the specified ue ..ate of arc 1, -2013 at the above site to place the subsurface sewage treatment system in. proper and sanitary operating condition as determined by a representative of the PCDOH. Rega 'Ration: "Exposure of Sewage ... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. Regulation: "Exposure of Sewage ... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...:" Violation: Sewage discharged on the surface of the ground ... observed by a representative of PCDOH. June 11, 2013 SECTION Regeiiaton "exposure of Sewage — No person shall .... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." . Inspection as of. July 31, 2013 CHARGE SECTION 6 3.4 Violation: Sewage discharged in the basement observed by a representative of PCDOH. Regulation: "Exposure of Sewage - No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content :.. on the surface of the ground ...." Violation: Sewage discharged in the basement observed by a representative of PCDOH. ADJOURNMENTS: Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, for which a permit is required — will not be granted an adjournment. Health matters are involved and the Public Safety is a paramount consideration. AB:cw R. Carano O J. Paravati O M. Burdick 0 - _.'A.0 EIT�NIV�EN'TL-,TI(- •I.:IIZ, 1'4CE':UN1VCRSiTY sciiooc:O LAW. 78 NO RTH O .. ........... ...BR... ADWAY ...... .. WHITETLAINS, NEW YORK-110 603 PRONE :.9.1.4:4324.343 FAX:`9,14 422A.437 SUPERVISING ATTORNEYS KARL S. CO PLAN DANIEL E. ESTRI. `[ ROBERT F. KENNEDY; JR. VIA, E-MAIL (NI off cur cQl utLnameountydy;gay.) Dennis J. Sant Putnam County Clerk: 4.0Uencida Avenue ltooli, loo Carmel; New.. York 1'15:12. ADMINISTRATORS. i&4ARY BETil POSTIMA.N JENNIFER:RUHT:E. Re:. FOIL ;request for copies of records :eonter:n ng Putnam Comity Landfill.. Carmel New.: Yort Dear Mr. Sant; W write oti 1�ehal: of:our client Iitvcrk ceper, Inc "Rtverkee er" tusuant to Ne4v t, C. P )P York: State's' Freedom: of Information Law, Ptiblic Off cers Law §§ $49.Q ( ".FOIL "), to request . c.opies.of any arjd all records` iii the possession, custody cir control, of the concerning or relating to the utham. County Landfill located in Carmel, New York (the "Landfill"). The date limitation for this FOIL riquest is January 1, 2008 to present.. Records: fallin;; within the scope of-this request include, without limitation: Orders on coinsent;. no. tic Ies of violation and other cotntiiuriicatiotis brother docunlents:i:elating to the Landfill'_s com liancc with federal, state or.New York City law;. all communicatiot s from the City of N Yofk (i a Wdiiig any City agency), any. state or Federal agency and/or the. public concerning the Latlditll; all ieachaie, groundwater and surface water sampling, monitbring,. protocols, and laboratory results; all reports by any technical consultants that have been retained to work on Landfill closure or other Uritltil'l issues; all Department approvals, disapprovals or other notices: and any other records that concern or relate to the Landfill from January l., 2008 to present. 1 Please note that the term "records," as used throuehout this letter; is intended to include hard copy records and electronic records (such as emails and other electronically- stoted files such as word processing tiles and 1?DFs). NYSD.EC Records. Access .OfFiccis - _� .. _ Page 2 of 2 Please note: that this FOIL request is antctrded to cover: all responseve records maintained. .... . by Putnam County at any location Inal e Vdil tltat.:atty.responsive: records. are for revie� �.at couniy offiecs, tepresenlativcs o1`.the Price Enrritonnletital LitigatYOi :'Cltntc `ot I iverkceper request tht- opptirtu itty to visit`.that off.ce to:review.and copy sue h.records:.as soon.as such a wtsia can be scheduled.. We res'oddully re.qucst that: the County provide. electronic eopics ofalie requested records in lieu.:ofprovi.din..g`hard copies if- electronic copies of any of ffierequest ed records are available. As you know, FOIL requii- es:a:resppme within (ve.bustness days:of receipt of a.request. W.6 will apprectate:;a response4s soon, i<'s poss .ble and;Iook forward to hearing 64m you- shoftly. If this FOIL request is dciricd, either in whole: or m part, pleaso include a detaticd, planation. :for the denial in your 'response. If your office determines that.any.portions of tl a re_questcd records are statutorily exeiiipt fYOm_FOIL, ;�e.i= cquesf, ri accordance tntli FOIL, lfAt tvcc provided with the remaining :non - exempt portions: We of course, reserve thei�lght Co appeal and/o'r to judi.ciallychallenbc:any determ.ma.tton'by' the D.eparthicnt to withhold ... any requested records; or 1. any portions thereof. Ican be reached..by email at destrin(i7.i.a.w pace:odu,..or by telejihonc at 914.422:4343, to answer any questions that, may arise regarding this FAIL request. We sincerely appreciate your assistarimwith this:matter. Wry.truly yours, Daniel:.E. Estrin, Supervising Attorney Kieran McCarthy, Legal Intern Pace Environmental Litigation Clinic; Inc. 78 North Broadway WliiteTl.ains, New York 10603 destrin' @law.pacc:edu . (914):422= 44343. (tel) (914)42-144P (fax) cc: Kate Fludson, Riverkeeper Mike Dulong, Riverkeeper Thomas J. Ruane, Pace Environmental Litigation Clinic FOR')rraC.inL USE ONLY ate: :b , , 2013 L-tGLq ! , dl�i Dennis J. Sant Public luformatf n officer Linda Martin tofrie Peili'ccio� Sent: Thursday, October 03, 2013 2:48 PM 4o: Linda Martin; Donna Cammarota Cc: destrin @law.pace.edu Subject: FOIL Request dated October 3, 2013 Attachments: 10.3.13 FOIL Request from Pace Environ. Litigation Clinic re Putnam County Landfill.pdf Dear Linda & Donna: Attached please find a FOIL request (signed by DJS) on behalf of Riverkeeper, Inc, from Daniel E. Estrin, Supervising Attorney, and Kieran McCarthy, Legal Intern, Pace Environmental Litigation Clinic, Inc., 78 North Broadway, White Plains, New York 10603 requesting copies of any and all records in the possession, custody or control of or concerning or relating to the Putnam County Landfill located in Carmel, New York from January 1, 2008 to present. This request was received today and is being forwarded to the Health Department for review and further processing. Once processed, please advise whether this request has been approved or denied. Thank you for your attention to this matter. Regards, LORRIE A. PELLICCIO Confidential Secretary to Putnam County Clerk & FOIL Officer Dennis J. Sant 40 Gleneida Avenue Carmel, New York 10512 845 - 808 -1142 Ext. 49301 lorrie.oelliccio @ putnamcountyny.Qov I OF ENVIRONMENTAL HEALTH SERVICES OF. PUTNAM -STATE OF NEW YORK [A.TTER OF THE'COMPLAINT AGAINST RBSPONDENT(s), T out of.the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code `of the State of New York, the Sanitary Code of the County . .,of-Putnam, and Administrative Wes Regulations and Standards Promulgated Purs4dnt Thereto TO: Angela Denisco 13 Pleasant Road Lake Peekskill, NY 10537 Y' NOTICE OF HEARING CASE NO. 035-13-19 COMPLAINT NO. 14- 13 -19OW PREMISES: 13 Pleasant Road (T) Putnam Valley, NY TM 83.72 -1 -36 PLEASE TAKE NOTICE THAT CHARGES have been preferred against you to'the. effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions. of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam. on the 1St day of May, 2013 at 10:30 A.M., in the Hearing Room, located at Route 312, 1. Geneva Road, Teiravest Corporate Park, Brewster, New York, at which time the charges will be informally .discussed; and.. such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL TIMES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made,. witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, _ . _--and you may produce witnesses and evidencedn your behalf AT THE HEARING, IN THE EVENT YOU WISH TO ADMIT TO THE CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. PUTNAM C0IJ?fTY-BOARD OF EWALTH DATED: April 17, 2013 BY: Brewster, NY 10509 Allen Beals, M. Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT ®IF CHARGE I[T ff S HEREBY ALLEGED- THAT THE PERSONS II ER EUq BEFORE NAME D RESPONDENTS. _.... are-cu -with- violations cif the Health Laws -of the State 'of Ndw YYdi" the County'of'PutE -4m as' follows: PUTNAM COUNTY SAITARY CODE - ARTffCILIE 3 Inspection as of January 29, 2013 CHARGE SECTION: 1 Section 3.4 Violation as of. March 28, 2013 Regulatnou: "Exposure of Sewage .... No Person shall ... maintain any... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." MoRz lloun: Sewage discharged in the basement observed by a representative of PCDOH. A positive dye test confirmed the above referenced house as the source of the discharge. CHARGE SECTION: PUTNAM COUNTY SANITARY CODE 2 Section 3.2 (I) Regunlladoun: "In the event of a failure of any SETS, the owner or occupant shall forthwith ... place the system in proper and sanitary operating condition ... within such period of time as may be determined by the ... Commissioner ...." Inspection as of. March 29, 2013 CHARGE SECTION: 3 Section 3.4 Inspection as of April 4, 2013 CHARGE SECTION: 4 Section 3.4 Vnolaflonn: Respondent failed to meet the specified due date of March 21, 2013 at the above site- to place the subsurface sewage treatment system in proper and sanitary operating condition as determined by a representative of the PCDOH. Regulatuonn: "Exposure of Sewage ... No Person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." Violadon: Sewage discharged in the basement observed by a representative of PCDOH. Regugation: "Exposure Qf, Sewage ... No Person shall ... maintain any.:. sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." VWRatnonn: Sewage discharged on the surface of the ground ... observed by a representative of PCDOH. j � N 05 I T I O O <.: . WA. C co � o I J m M N a o m a N A 0 3 c 3 N' 9 _.t O L-' L� Ul 0 0 O O L-' ru r1.1 Ul _.I A ZL a a m ID m P 30E&Q CL O 9 03 V- I O oDozmc s A)...� > 5 m m �S�.0 �p a m a N O N M�3wON Z� < `C a A) a M 0 0 to 0 O , O 5 O mom3o D �.F�av h 0 m rn A ZL a a m ID m P 30E&Q CL O 9 03 V- I O u s a N S I m .o r-q (D I orriestic Mail Only, No insurance Coverage Provided)A Y ' � �.•S• Ln.. Postage Atnified Fee 0 °9 Here C3 Retum Receipt Fee tW i -•� (Endorsement Required) t `= 0 Restricted Delivery Fee f / (Endorsement Required) 0 ri Total P..�....., o. c...... d` ....._ ,qa Angela Denisco & Tina Defelippis Sent R m 13 Pleasant Road .......... r' "eel Lake Peekskill, NY 10537 O or PQ .......... ME i ~ City, Si Pb�sttal s .tERTIFIED MAIL,,, • ' • . .•. tic*Mail Only; No Insurance Coverage E3 �� co � ,_ . p Ir FF1 COAL USE NPostage $} 3 fu Cenified Fee �- i Postmark O Retum Receipt Fee He 0 (Endorsement Required) - r% ���9 r-3 Restricted Delivery Fee �' ;{y (Endorsement Required) 0 Ln Total Postage & Fees C+ 1 Vii' � LPleasant Angela Denisco & Tina Defeli 1 Road ------- - - - - -- I �� kill, NY . . • 1053 b ■ Complete items 1, 2, and 3: Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. j ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: _- Angela Denisco & Tina De.Cclippis 13 Pleasant Road Lake Peekskill, NY 10537 2. Article Number (Transfer from service label) A. Signature _3„ X B. Received by (Printed-Name) A D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No uv`J 3. Service Type O Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. 'Restricted Delivery? (Extra Fee) 13 Yes 7013 1710.0000 1572 4991 Fps-Form 3811. February 2004 Domestic Return Receipt 102595•02•M•154c n- CID a- Ln Ln O.FFIC ru U S. ti O rrIcartiffedFoe �,, � :.. �%� �—�,•� R M (Fd,14tUm Receipt Fee n C3 mentRequlmd) ;711- Postmark Re9HCtGd Dell 4L C3 (Endorsement ;';'Y Fee V! 3 LI7 Tina rq 0 Ti -q IS r 1 C3 or 13 Pleasant Road r- ai, igiw- Lake pe ekskill., NY 0537. N A Ln CO CO O,F Postede $ ru CBrUfted Fee RGceIpt Fee M (E 4d.....nt Required) A R) C3 Restricted Delivery Fee C3 (Endorsement Required) Lry At S Angela Denisco Tina DeFefiop'is i 13 Pleasant Road C3 Lake Peekski 11, NY 10537 --------------- poftae S ti i I .q CeMHGd Fee O (EZm M Rept (Endorsement ant UJIMS rote! P I Angela enisco 13 Pleasant Rn f*- -.,4 Orpo'Aaf ---- aIx r I CO •-0 0 F F I C I A L U S E ru ru 0 Postage $ 0 rUffed Fee 0 Return Receipt Fee U.1 He Postm M (Endorsement Required) C3 Restricted Delivery Fee C:3 (Endorsement Required) Ln Total PO r-I - Angela Denisco r-4 Sent To 13 Pleasant Road r-q . p 3r PO f _4 Lake Peekskill, NY 10537 o�i6f Bo, --------t--- cfty, Sati it -I � Z (D I r N> ow ,U 00 rLi W ru Postage Certified Fee 0 C3 (Endorsement Receipt Fee .4 Required) JUL -Ptam ere CL CD 0 CO�4 .PeWCWd Fee (C 0 (Endorsement Required) CL. a r6. 0—M, w Cr ==r CL ;- Mo. F CL N Ln " 7-1 0--.- a 4Lngela DeNisco -'�ieas 0 0 r-1 '�t"�oad x a W Co. co - L67 3 Pleasant Road 0 0 Certified Fee 0 P Y LllakePeekskUl, NY 10537 N F - 0 a rL 3 Return Receipt ece1,tFee i 0 (Endorsement Required) red) 0 R. Delivery Fee =nt (En( Required) U.S. Postal Service,. C3 P-t r To!.$ 0—ta— A F�. CEPTIFIF1 WWI— -0 Ir rC3 0 F F I 0 r-1 Postage L67 Certified Fee 0 Return Receipt ece1,tFee i 0 (Endorsement Required) red) 0 R. Delivery Fee =nt (En( Required) C3 P-t r To!.$ 0—ta— A F�. ru ---Angela Denisc�o r, *513 Pleasant Road SW 0 OL�ke peekskill, r` city E' Complete items 1, 2, and 3. Also ite' 0 complete Print ■ Print Your . name and address on the reverse so that we can return the card to you. I IR Atta6hthis *card to the back of the mallplece, or on the",front if space permits. I- Article Addressed A nature 13 Agent B. Received bYt1Wrded 'e) E01 Ad Ve of elIvey 0 D. Is delivery address different from item If YES, enter delivery address below: )I u1su a eNisco ;;L 3 Pleasant Road .-ake Peekskill, NY 10537 3. Se ce Type Carded Mail ❑ Express mail C3 Registered 13 Return 'Receipt for Merchandise 0 Insured mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number ❑ Yes (rransfer from service kibeq 7011 1570 0001 2257 9947 PS Form 3811, 'Februa'---.*' ry 2004' Domestic Return Receipt 102595-02•M-1640 TNAM COUNTY HEALTH DEPARTMENT ieneva Road ;wster, New York 10509 0 Hasler 07/25/2013 (a UP n:° ° e n 16 °. 16-W FIRST -CLASS N I $06.1 ZIP 10512 011 D1 16364 V �, 2 <P Tina Defelippis % - t? 965 L522 TOOO UST T COL 13 Pleasant Road Peekskill, Lake lVY ..10537 Sm R E T- R N :TQ :5:E iV .- ;R wD `silrL r<r+x-r E 0 ..F'VRV ARD. ,:: :�'�r 3..i4�?ifF`�c�'��:Y13. �.- .vs.l�zc'— •:i8:f.3f:ti,`.� .C:� �.� ; ��_ T !. 18i ASRCG 19-.1 JTNAM COUNTY HEALTH DEPARTMENT 3eneva Road ewster, New York 10509 OL65 2522 TOOO UST T COL Hasler FIRST -CLASS M 07/25/2013 $06. 1' ZIP 10512 _ 011D116364 p ela Denisco 13 Pleasant Road Lake Peekskill, NY 10537 LA3� 7: 77 safe' tJ;f A '.,g T' Fott.w AR in I P e;t- , .. T f! 16 Rut ti, ., ?ST G76'i: Ov HtllItl � IILd� ULII ° °° 0�6e aeq °�� 1051 7011 1570 0001 22576847 1 0 1� 7 L y� Angela Denisco 13 Pleasant Wad Lake Peekskill, NY 10537 R=E'TUA'3d TAE itf,i71 �: Lf:i±11�13 fr E Ti4D i- DR:ia AV-D DIVISION OF ENVIRONMENTAL HEALTH SERVICES COUNTY OF PUTNAM -STATE OF NEW YORK IN THE MATTER.OF THE COWLAI1W. AGAINS-T.. (3 R-SAISI IF (ZoP-D RESPONDENT(s), : Arising out of the Alleged Violations of the Public Health Law of the State of New York, the Sanitary Code of the -State of New York, the Sanitary Code of the County of Putnam, and Administrative Rules Regulations and Standards Promulgated Pursuant Thereto STIPULATION OF DISCONTINUANCE CASE NO. �3S' -� <j " �� l,✓ Facility No. IT IS HEREBY STIPULATED AND AGREED by and between the respective parties hereto that the within matter is hereby terminated upon the following terms and conditions. 1. The Respondent(s) admit the truth of the allegations set forth in the Statement of Charges. 2. That Respondent(s) represent: it is in compliance with the Code(s). it will .be in compliance with the Code(s) by 3. That Respondent(s) understand an appropriate civil penalty may be imposed by the Commissioner of Health by Order which amount will be determined at the discretion of the Commissioner of Health. 4. That in mitigation Respondent(s) Asserts: DATE: Brewster, New York 10509 For Respondent(s) For Putnam County Health Department Administrative Law Judge STIPULDISCONTAFFDV 1 9� sue++' Commissioner ofHedth lWolmsy pig Director of EvrviromfieWd Redth [1131010131:3013111 :' W1191.. Geneva load, Brewster, New York 10509 Moore # (845) 000 -1390 Fax # (845) 278 -7921 \ R ) { V 10I 0 K(09 I a I ., III DVI 1" 11 , ( I (I) 111\ EIRINT411101000 Nov 1 Dear C Executive : _ Re: Notice of Hearing Continuation Case # _ ©3�7-- /3 —f 9 © h/ , Esq., an Administrative Law Judge has ordered letter that the informal heeaarimng f . Zaidvns 4 � g7' 7 � O /J:. Cap # C�3S [ `3 ( D 1, will be continued on / at A.M. at the Putnam County Department of Health, 1 Geneva Road, Brewster, New York 10509. Should you have any questions relative to this matter, do not hesitate to telephone Rick Carano of this office at (845) 808 -1390 ext. 43216. Received .by: Date: o01717,01_3 RC:cw SION OF ENVIRONMENTAL HEALTH SERVICES ?UNTY OF PUTNAM -STATE OF NEW YORK ` ~IN THE MATTER OF THE COMPLAINT AGAINST ANGFI;A.DPNJSC'O.& TJNA.DEFELIPPIS a RESPONDENT(s), Ir �,- Arising out of the Alleged Violations of the Public - Health Law of the State of New York, the Sanitary Code NOTICE OF HEARING of the State of New York, the Sanitary Code of the County : CASE NO. 035-13-19 OW of Putnam, and Administrative Rules Regulations and COMPLAINT NO. 14 -13 -19 OW Standards Promulgated Pursuant Thereto TO: Angela Denisco & Tina Defelippis PREMISES: 13 Pleasant Road 13 Pleasant Road (T) Putnam Valley, NY Lake Peekskill, NY 10537 T.M. 83.72 -1 -36 PLEASE TAKE NOTICE THAT AN AMENDED CHARGE has been preferred against you to the effect that you have violated the health laws as more fully set forth on the reverse side of this notice: YOU ARE HEREBY SUMMONED TO APPEAR at a hearing to be held under the provisions of the Putnam County Sanitary Code and Public Health Law of the State of New York before Eric S. Zaidins, Esq., an Administrative Law Judge of the Department of Health of the County of Putnam on the 7a' day of August at 9:30 A.M., in the Hearing Room, located at Route 312, 1 Geneva Road, Terravest Corporate Park, Brewster, New York, at which time the charges will be informally discussed, and such adjourned dates as may be designated. In case of inclement weather, call (845) 808 -1390. AT ALL 71MES YOU WILL HAVE THE RIGHT to be represented by counsel and the right to deny. the charges, in whole or in part, following which the matter will be rescheduled to a date certain and a Formal Hearing will be conducted thereon, and a record of all the proceedings will be made, witnesses will be sworn and examined and cross examined, and documentary evidence may be offered and received, and you may produce witnesses and evidence in your behalf; "� 'AT''Y'HE BEARING, IN THE EVENT YOU WISH TO ADMIT TO THE AMENDED CHARGES, the Hearing may be terminated by written stipulation of discontinuance provided the violations have been corrected; UPON YOUR FAILURE TO APPEAR, a warrant compelling your appearance may be issued or an Inquest Hearing conducted and a determination made; CIVIL PENALTIES up to $500 for a single violation, per day, may be assessed against you, and such further orders may be made herein as the circumstances may warrant; THE BOARD OF HEALTH may issue a warrant to any Peace Officer of the County, pursuant to Section 309 of the Public Health Law, to bring to its aid the power of the County whenever it shall be necessary to do so, with the same force and effect as if such warrant had been issued out of a court of record. DATED: July 23, 2013 Brewster, NY 10509 OF IMALTH Allen —&%V DLD., J.D. Commissioner of Health Adjournments may be granted only if no present health, safety or nuisance condition exists. If a person other than an owner, corporate officer or attorney should appear on your behalf, a written and notarized authorization is required. STATEMENT OF CHARGE n Y ' IT ffS HEREBY ALLEGED THAT THE PERSONS HEREIN BEFORE NAMED RESPONDENTS are charged with violations of the Health Laws of the State of New York and th_ a County of Putnam as _ follows:,k = _ _ F T.. _ Y =• .,... a ..' ' PUBLIC HEALTH LAW OF THE STATE GF NEW YORK Violations of any and all provisions of the Public Health Law of the State of New York and the State and County Codes and Administrative Rules and Regulations promulgated pursuant thereto — which shall be found to be found to constitute a NUISANCE, particularly, and not limited to the provisions of Article 13 of the Public Health Law. PUTNAM COUNTY SANITARY CODE Inspection as of June 11, 2013 CHARGE SECTI ®N 5 3.4 vo Regaall doan: "Exposure of Sewage — No person shall ... maintain any ... sewage treatment disposal system ... so as to expose or discharge the sewage content ... on the surface of the ground ...." VA.ekflom: Sewage discharged in the basement observed by a representative of PCDOH. AIlDJOURN MNTSo Public Health Law violations are serious. They affect or may affect the health, safety and welfare of the community. They cannot be permitted to. go on indefinitely. Casual adjournments or hearings will be granted. Applications for adjournments must be made in person or by counsel to the Hearing Administrative Law Judge at the time set for hearings, except for legal excuses. Persons operating an establishment, business or facility without a permit, . for...___ whick--.4 :permit -is required :7. wrll:sibt be: granted air `adlour�ient: =" �Ie�ltl���azt��a� are �v ®lei wind the Pubfle Safes is a paramoanaat conasidenratno ®A RW:cw R. Carano J. Paravati file ANDREW W. NEGRO First Deputy County Attorney _ ADRIENNE L_. SPADACCINI. 'Senior Deputy Counry'Aflorny° '` - ` ' - For Risk and Compliance ROBERT A. NOAH Senior Deputy County Attorney JENNIFER S. BUMGARNER County Attorney DEPARTMENT OF LAW SENT VIA MAIL AND EMAIL MatthewnMatthewNoviello.com Matthew Noviello, Esq. Noviello & Noviello, Esqs. 77 Hughson Road Carmel, New York 10512 Dear Mr. Noviello: SANDRA M. FUSCO Senior Deputy County Attorney - :i( I T;,HAINjENGEI. Deputy County Attorney DANIEL P. HARVEY Deputy County Attorney October 9, 2013 RE: 13 Pleasant Drive, Lake Peekskill, New York T/0 Putnam Valley, State of New York We are in receipt of your communique dated October 2, 2013 and respond accordingly thereto. Please take note of the following: 1) Your statement "nine charges ... were re- filed" against the homeowners, Angela Denisco and Tina Defillipis, is incorrect. At.ygur request at a prior informal hearing, Ms. Defillipis was added for notice and served with all issued notices of violation in connection therewith. The case number has, and continues to be, the same. Your -use of-the terni-disc&ntinti dd i'rr`your-statement`if tY�2 �eWag "Ieaics we're elimindte$ the, charges would be discontinued" should not be confused with the term dismissed. Indeed, when corrective /reparation measures are taken and violation(s) are abated, issuance of further charges /violations for same may be discontinued. Notwithstanding, a temporary period wherein no evidence of a continuing violation is evident does not change or limit the Commissioner's statutory authority therefor, and,, should the matter not be corrected and/or the problem re- surfaces, violation(s) therefor could be assessed.' To be clear, abatement and correction is not analogous to, and does not constitute, dismissal. 3) With regard to your statement that Mr. Morris stated "there is no evidence of a violation," recall that Mr. Morris specifically pointed out that the hole for the sump pump must be filled inasmuch as any effluent in a sump pit is a violation [of the Putnam County Sanitary Code.] Moreover, a re- inspection of the premises should be conducted subsequent to an area rainfall since no rain for nearly two weeks was had prior to the October 1, 2013 inspection and the results could be skewed. Finally, there is no recollection of any discussion at the October 2, 1 See, Article III, et seq, of the Putnam County Sanitary Code. 48 GLENEIDA AVENUE, CARMEL, NEW YORK 10512 Tel. (845) 808 -1150 / Fax (845) 808 -1903* *This office will not accept service via facsimile Matthew Noviello, Esq. Noviello & Noviello, Esqs. October 8, 2013 page 2 2013 informal hearing regarding the location where the sump pump will be located by the homeowners. 4) Recall that at the October 2, 2013 informal hearing, you were informed of what your clients' options are in connection with the violations assessed and, procedurally, what a formal hearing entails. There is no recollection to any statement made by Judge Zaidins, A.L.J., that if your clients "plead guilty, he would recommend to the Commissioner (Dr. Beals) that no fine be imposed." As to the remaining contentions in your letter, the following is provided for information and edification purposes: An administrative proceeding is one that is brought before an agency decision -maker by an affected individual sufficient to allow such individual to present his/her case in a meaningful manner, requiring effective notice be given to the affected individual and an opportunity to be heard at a hearing. See generally, Goss v. Lopez, 419 U.S. 565 (1975); see also, Black's Law Dictionary, 6th Edition. An administrative law judge is one who presides at an administrative hearing, with the power to administer oaths, take testimony, rule on questions of evidence, regulate the course of the proceedings, and make agency determinations of fact. Id. Such hearings may be adjudicative in nature, which adjudication may be appealed in a court of law. Id. In accordance with New York Public Health Law, the Putnam County Sanitary Code provides, in relevant part, that a hearing officer be designated to conduct, inter alia, formal hearings, take testimony, report findings of fact, conclusions of law and recommendations concerning any investigation, complaint, charge, inquiry, .study_ or, violations... within. -ti�isdicti ";,n-of- the--Putt� .aYn Comity Deparirtier�t,of -Health—" In`the`'srahfinat'tef, Judge Zaaidins,'~. a A.L.J., is authorized to conduct a formal hearing on behalf of the Putnam County Department of Health (the agency) in connection with the violations assessed against the property owners, your clients. Your suggestion that the "County is a necessary party to the violations" is non- sensical. In light of the foregoing, your claims pertaining to subject matter jurisdiction, conflicts of interest in judicial proceedings and abuse of process have no place in the instant administrative proceedings and may be viewed as dilatory tactics and an attempt to obfuscate the real issues. Very truly yours, Sandra M. Fusco Sr. Deputy County Attorney cc: MaryEllen Odell/County Executive Jennifer S. Bumgarner /County Attorney Allen Beals /Commissioner of Health ) m zot er s,*,kwVi z See, Article IV, et seq, of the Putnam County Sanitary Code. 48 GLEN EI DA AVENUE, CARMEL, NEW YORK 10512 Tel. (845) 808 -1150 / Fax (845) 808 -1903* *This office will not accept service via facsimile NICHOLAS NOVIELLO, JR., ESQ. MATTHEW A. NOVIELLO, SR, ESQ. R:OF: �:&- FLA -BARS IviEtiIBER OF NY b'i °N`3 BA1tS: " v (1919 -2004) NOVIELLO & NOVIELLO, ESQS. ATTORNEYS & COUNSELLORS AT LAW 77 Hughson Road Carmel, NY 10512 (845) 225 -4004 Matthew@MatthewNovi el lo. com Wednesday, October 2, 2013 Emailed to Sandra.Fusco@PutnamCountyNY.gov Sandra M. Fusco, Esq., Senior Deputy Attorney PUTNAM COUNTY DEPARTMENT OF LAW 48 Gleneida Avenue Carmel, NY 10512 Re: SEPTIC SYSTEM AT 13. PLEASANT DRIVE, LAKE PEEKSKILL TOWN OF PUTNAM VALLEY PUTNAM COUNTY, NEW YORK Dear Ms. Fusco: As you know, we had another hearing at the Putnam County Health Department offices regarding the Putnam County Health Department V. Angela Denisco. At the hearing today, nine charges of violations relating to leaking sewage at 13 Pleasant Road were re -filed against Angela Denisco and Tina Defillipis. In our previous meeting, we had agreed with Alan Beals, Esq., M.D. Commissioner of Health's statement that eliminating all sewage leaks was the main concern of the County and everyone in the room. Dr: Beals stated that if the.,-sewage leak ks were: eliminated the charges would. be discontinued: r c416 &-s A$& AWAgY �ISCa /a�d�D &.44,0 Wocaf.o d 4Dje&e40, A+1-ife9t 194-9 �44f— k-r- PiSAISfAW Without getting into who is responsible for the sewage leaks, my clients have "taken the high road" and borrowed and spent thousands of dollars in the past few months to stop the sewage leaks. 10/02/2013 14:14 8458782019 PATTERSON PLANNING PAGE 01/01 . NICK :LA.MBERTI Director of Codes. Enforcement TOWN OF PA.TTERSOIV CODE IENIFt➢RCIEMENT (DIFIl+I[C.E PUTN,AM COUNTY P.O. Box 470' Patterson, NY 12563 October 2,, 2013 . . Res. Cbristy Grotto 7 Fulton 17nive" Brewster, New York 10509 C. RE: TM — 25,73 -1 -21 :STOP WORK PENDING ,HEALTH DEPARTNTENT AGREEMENT Tel (845)878 -6319 Fax (845)878 -2019 Dear Ms. Grotto; 1 am in receipt of your written agreement with the Putnam' County DepZment of Health with regard to the monitoring and pumping of the septic .tank at 7 Fulton Drive. In speaking with _ �..;. t1*.j jealth D artment.thil.morwrig, it is my . understanding th4a septic repair permit will 'be submitted 6 iE: n this afternoon. A copy o� iiie °YC- a ;errinit w�i1k a fbh,yarded. t6, fbJ; n._Ge,:. :Based on your agreement with the Health. Department and the submittal of the septic :..repair permit, I am Fitting the Stop Work Order.. 4t this dine, you may prowl with the scheduled construction of an addition to your dwelling.: If you have any .questions, please: contact ray. office. :. • ANDREW W. NEGRO First Deputy County Attorney ADRIENNE L. SPADACCINI _ .... Senior Deputy County Attorney For Risk and Compliance ROBERT A. NOAH Senior Deputy County Attorney JENNIFER S. BUMGARNER County Attorney SANDRA M. FUSCO Senior Deputy County Attorney JONATHAN ENGEL : I - 'Depftty Co: i4' � Attorney DEPARTMENT OF LAW October 1, 2013 Jennifer Lewkowski, Esq. Traub Lieberman Straus & Shrewsberry, LLP Mid - Westchester Executive Park 7 Skyline Drive Hawthorne, New York 10532 RE: Piscopo v. Birch Hill Water Supply Dear Jennifer: DANIEL P. HARVEY Deputy County Attorney You will recall that Robert Morris, PCDOH, was deposed on/about May 16, 2013 in connection with the above referenced matter. We are in receipt of the transcript of such examination, however, we have not received the exhibits (Plaintiffs 1 -4) reflected on the index (see attached). Kindly provide the exhibits as soon as possible so that a response in accordance with C.P.L.R. Article 31, et seq., can be submitted forthwith. Thank you. Very truly yours`, Vadra M. Fusco Encls. cc: MaryEllen Odell/County Executive Allen Beals /Commissioner of Health Jennifer S. Bwingarner /County Attorney ,/Robert Morris/Director Environmental Health Services 48 GLENEIDA AVENUE, CARMEL, NEW YORK 10512 Tel. (845) 808 -1150 / Fax (845) 808 -1903* *This office will not accept service via facsimile S-U- PRE -M E —C -O-U R T° -'O F— T`H -E=S -T A-T E OF N °E-W =-YORK - -- -- -- e z COUNTY OF PUTNAM JOSEPH PISCOPO, IV, an infant under the age of fourteen years, and BRIANNA PISCOPO, an infant under the age of fourteen years, by their mother and natural guardian, PREZIOSA PISCOPO, Plaintiff, - against- Index No. 320/2011 BIRCH HILL WATER COMPANY INC., Defendant. - - - - - - - - - - - x 48 Gleneida Avenue Carmel, New York May 16, 2013 .4 _>, 11.12 a.m. EXAMINATION Of ROBERT- .MORRIS,.,.a: - ... -... - a..w.ac .. .... .. .wv --_ ...... .- .... -J^ V r.. +. a.w - -Y•. tar.- ♦.. w... .r .. ,w ti- .. �._a .. NON- PARTY WITNESS, taken by the Defendant, in the above- entitled action, held at the above time and place, pursuant to Subpoena, taken before George B. Malinowski, a shorthand reporter and Notary Public within and for the State of New York. Reporter's Ink, Corp. 90 John Street - Ste. 411 New York, NY 10033 timv.reporters- ink.com Phone: 646.395.2522 Fax: 212.374.1236 xeporter•s lnK, uorp. 9UIf UUU0 UCUL- ULU.g44• 110 IV avaaywL AUU30 %vtiviv.Cepo[fef5- In6.com Phone: 646.395.2522 Fix: 212-374.1236 67 1 R. Morris 's,'. 1 dap_'. .- -. .:.t -. a�:•rt...,. r= , 3 EXAMINATION BY PAGE 4 MS. LEWKOWSKI 6 5 MR. LUCCHESE 38 6 7 EXHIBITS 8 PLAINTIFF'S DESCRIPTION PAGE y i 9- -Page Document 32 10 2 2 -Page Document 59 11 3 Document 59 12 4 Multiple -Page Document 60 13 14 15 16 ... .. 17 1a 19 20 21 22 23 24 25 xeporter•s lnK, uorp. 9UIf UUU0 UCUL- ULU.g44• 110 IV avaaywL AUU30 %vtiviv.Cepo[fef5- In6.com Phone: 646.395.2522 Fix: 212-374.1236 p lcv r,4- 15 e AsA ...___....... - - - - -- ----- �- r-- - - - -�� �r - - -- -cam _ 5' � M�_ - - ------- - ft LO ----------- ............ ... ....... . tA ---------- ------ - ----- - - -------- . .. ......... ......... .. ..... ------ --- --- - .......... ... ......... ------ --- - ------ - ----- -------- ...... . ... .. ........ ... ... ... ------- --------- - ------- Today, Robert Morris, P.E., Director of Environmental. Health. confirmed that as of yesterday's inspection, "there was no evidence of a G1�s� $ -1&461#-and no public health violation.''] However, Mr 1Vlo 'ns pointed. out ;�' �'�, VY S. _. that the site should be.re = inspected after it rains. We agreed. Mr. Morris A 111o1.Aft cAJ also requested that my clients remove and fill in the hole for the sump pump, that is currently in the left front (southeast) corner of the basement. agreed to relocate -the sump pump to the left rear (southwest 'comer ofthe O,je,� ya,. basement "'(away, from the septic' fields) Administrative Law Judge Eric S. Zaidins asked my clients for a plea to the nine charges. On their behalf I pled not guilty. Judge Z,aidiris pointed out that since Denisco and Defillipis have abated the: problem, if they plead, w � guilty,, he. would recommend to: the Commissioner (Dr Beals) that no fine be,: swoo imposed: If they coritinue to plead mnocerit, a fine of up to $500: per charge or 34 500 could be imposeo/ I stated that it is my contention that since the County of Putnam 509^ PAS /s0 installed the septic system that failed and caused all the violations, the , &vim. PAol_ County of Putnam is a "necessary party "'to the violations. From my point of 7�, Rg-- d view, either Putnam County can withdraw the charges against Denisco and Wt Defillipis or the County of Putnam can be added to the Defendants and the 07' County can then plead guilty, if they so choose. I further stated that if the 40594ra".645 Commissioner of the Putnam County Department of Health fines my clients N°oAV­ for the failure of the. septic system_ that was.installed.by the County of �xt� Puthia we Will-add-the fine _a`rid the coif of Defending my clients to our existing claims and lawsuit against the County of Putnam. I continue to maintain that there is a Subject Matter Jurisdiction problem with this proceeding, since the County of Putnam installed the failed septic system, the County of Putnam subcontracts to and pays the Administrative Law Judge who will make the final recommendation in this case, and the County of Putnam employs and pays the Commissioner of the Department of Health who in the end will make the final determination of guilt and set the amount of any fines or penalties. There should never be an appearance of a conflict of interest in any judicial proceeding. In this matter, there is not only an appearance of a conflict of interest, there are factual and legal conflicts of interest. 2 With. the.above -facts undisputed,.for .o�_ta- e�r�tin �p�ose��zfie ibis - - y case against Angela Denisco and Tina Defillipis represents an abuse of process. Please reconsider, and find a way to terminate this action. There is no `longer,any threai.to public health. mod r' C�RA9z4" Sincerely, Matthew A. Noviello, Esq. cc: Angela Denisco and Tina Defillpis, via email Timeline for 13 Pleasant Road _ — ... 1 _.. .. , <.. .,. ;.t :n. .. .. ♦ ...r ,. ... � .. .. . „ .... . «�. .. j i:�.� a ,. • ,I 1/16/07 NOV mailed. 1/25/07 Sketch submitted. Letter sent by PCDOH requesting deep holes and all wells within 200 feet. 2/6/07 Deep holes witness by Health Department. Sketch modified showing wells. 2/7/07 Repair Permit approved for Hekla Construction. 2/13/07 Final Inspection. Upon arriving at site, over half of the system was already backfilled. Joe Digit, Representative of PCDOH, had Hekla expose the corners of the galleys. Hekla was reminded nos stems are to be backfilled prior to Health Department authorization. 2/16/07 Re- inspection. Repair completed. No evidence of failure. The following is from Bill Hedges inspection report after the repair was completed 1/17/08 Possible SSTS failure. 1/18/08 Positive Dye Test. Tank to be pumped. NOV to be sent. 2/4/08 - 2/5/08 Inspection. SSTS still failing. 2" NOV notice. 2/12/08 NOV hand delivered to owner and water sample. 2/14/08 Discussion with owner. Tank to be pumped. Hekla contacted. Pump may need to be replaced. 2/15/08 Tank pumped. 2/19/08 Water sample at complainant's residence. 2/20/08 New pump installed. Failure appears to have stopped. 4/1/08 Call from complainant. Area wet again. 4/2/08 Flow has stopped. Re-inspection to be done. 5/30/08 Complainant states SSTS at 13 Pleasant is leaking again. 6/2/08 Dye test. 6/3/08 Positive Dye Test confirmed. NOV sent. 6/27/08 ^ Complainant states sewage in his basement again. Discussion with owner. Old septic_ fields may.stilJ._he_cannccted to the septic tan1c: Yiperom septic tank to -old fields to be removed' so that all flow goes to new SSTS. Hekla contacted but refused to do the work. 8/1/08 Pipe to old fields removed. Area is dry. 8/14/08 Complainant requested water sample. But area is dry. 8/15/08 Field inspection. Area dry. Complaint abated. 10/28/08 Phone call from DeFillipis/Denisco (owners). New fields now in use. Sewage in basement. Dye test. 10/30/08 Dye test positive. NOV sent with 11/30/08 deadline to correct failure. Owners feel it is Hekla's responsibility. Hekla contacted. 12/8/08 No repair performed. Area dry. Basement not inspected. 1/7/09 Complainant phone call. Sewage again in his basement. Phone call to owners. 1/9/09 Phone call from owners. Pump line frozen — to be fixed. Basement to be sealed over weekend to keep sewage from sump pump area. Complainant notified. 1/12/09 Frozen pump line repaired — will monitor. 1/13/09 Puddle in front yard drying up. Pump problem may have been corrected. 1/20/09 - 1/23/09 Several phone calls from complainant. Water in basement smells like sewage. 1/23/09 Field inspection. Water near driveway of complainant in area of past positive dye tests. Complain t too en basement for inspection. 1/26/09 Meeting with owners. Dye test. Owners advised to contact Consumer Affairs about Hekla's work. Also, pump electrical connection found to be corroded. Pump replaced. Timeline for 13 Pleasant Road 1/27/09 Field inspection — Complaint . basement showed evidence of moisture no odor —dye - dye test negative 3/10/09 Water sample results TC:20,000; FC:7,600 probably sewage 3/24/09 - 5/4/11 No flow —area under house near sump pump dry — will monitor and resample after rain. Evidence that minor wort{ was done near SSTS area. No documentation from 3/24/09 thru 5141111t appears that the complaint was never abated and there is no evidence of any action between 3/24/09 and 5/4/11 The following is from Shaw Ro an's complaint to 5/4/11 Call from Tina Defelippis — SSTS is failing again at 13 Pleasant Rd. Record search done for repair permit and prior complaints. 5113111 Site visit by PCDH; Present at inspection: Michael Budzinski, PE, Director Engineering; Joseph S. Paravati, Jr., PE, Assistant Public Health Engineer; Shawn Rogan, Public Health Sanitarian II, and Cris Delarippa, Project Coordinator Septic Repair Program, met with owner Angela Denisco and observed present site conditions. - Discussed doing exploratory work and options for repair. Licensed contractor list sent to owner. 5/17/11 Call from Jim Gualtieri, licensed septic system contractor. Jim met with owners to discuss cost, a new pump pit and a possible curtain drain. 5/18/11 Site inspection by Shawn Rogan. Spoke with owner who is upset about spending more money on doing exploratory. Discussion about volume of water being used. Possible leaking toilets and the amount of occupancy (seven people in a 2 bedroom house) causing problems with SSTS. Water reduction also discussed. 5/19/11 Internal discussion between Shawn Rogan, Michael Budzinski & Joe Paravati about Jim Gualtieri's proposals. It was agreed that exploratory work is critical before any repair Y W decisions are made. Owners unhappy with decision since they hired a company from Nev" Jersey, Coppollo. Septic to do exploratory work 2 weeks ago. PCDH was not contacted before exploratory work. Shawn Rogan spoke with Dan, mgr. at Coppollo Septic. Dan stated no blockage found. D -box and edge of gullies uncovered. Groundwater was encountered at less than 24 ". Dan advised owners to hire an engineer and that there was not enough septic area to support the water being used by seven people. Shawn Rogan contacted owners and they agreed to have a contractor do further exploratory work 5/20/11 Exploratory held work with Jim Gualtieri scheduled for 5/24/11 5/24/11 Inspection of Jim Gualtieri's exploratory work by Michael Budzinski, PE and Joe Paravati Jr. P.E. Previous repair installed improperly, system was pitched 8" out of level. Jim Gualtieri to provide quote to homeowner to effect repair based on Health Department recommendations. 6/22/11 Phone message from Angela Denisco (owner). Notice received from Consumer Affairs stating that the new complaint filed cannot be acted on due to a higher court ruling on record. Joe Labarbera, Director of Consumer Affairs, contacted. Joe to pull files but feels action not warranted due to time elapsed (3 years ) and court ruling. 6/27/11 Shawn Rogan transferred phone message from Angela Denisco to Robert Morris, P.E., Director to Environmental Health. Rob to call owner 7/12/11 Shawn Rogan forwarded another phone message from Angela Denisco to Robert Morris and Michael Budzinski. Angela states in message that septic is still running into the street and Ms. Denisco is still waiting to hear from us. ALLEN BEALS, M.D., J.D. Commissioner ofHealth ROBERT MORRIS, P.E. Dir edor of Environmental Health DEPARTMENT OF -HEALTH 1 Geneva Road, Brewster, New York 10509•. Telephone: (845) 808 -1390; Fax: (845) 278 -7921 CERTIFIED RETURN RECEIPT REOUESTED MARYELLEN OMLL County Executive .. PLEASE REFER CORRESPONDENCE TO: TO: Angela Denisco NAME: Joseph S. Paravati, Jr. 13 Pleasant Road TITLE: Assistant Public Health Engineer Lake Peekskill;, NY 10537 PHONE: (845) 808 -1390 ext. 43157 DATE: February 21, 2013 OFFICIAL NOTICE OF NON - COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 3.4 of the Putnam County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Road, (T) Putnam Valley, TM 83.72 -1 -36 by a representative of this Department on January 29, 2013. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out and maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. _Failure to purnp-the septic taniz immediately and further; to'cor'rect tliis condition. by March 21"20i3 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such other actions as may be prescribed. A re- inspection will be made. It is sincerely hoped-that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Commissioner of Health Very truly yours, Alan Beals, M.D., J.D. Commissioner of Health </ 7 By Joseph S. Paravati, Jr., P.E. Assistant Public Health Engineer JSP:cw Enc: Permit Application cc: BI (T) Putnam Valley MAB OWNER Or.RECORI � OF SURVEYS, SITE PLANS, JOHN S. ROMEO, P.C. SUBDIVISIONS, B.O.1-11 JOHN C. HOFFMANN, L.S. TOPOGRAPHY, HOUSE PLANS MATTHEW A. NOVIELLO, P.E.,L.S. PROFESSIONAL ENGINEERING ElElRING & LAND SURVEYING 77 Hughson Road Carmel, NY 10512 (845) 225 -4004 Email NoviellogEngineerNY.com May 14, 2013 Mr. Robert Morris, P.E., Director of Environmental Health PUTNAM COUNTY DEPARTMENT OF HEALTH 1 Geneva Road Brewster, NY 10509 Re: 13 PLEASANT ROAD, LAKE PEEKSKILL FILED MAP 185 -E, LOTS 237 -244 TAX MAP 83.72 —1 - 28 TOWN OF PUTNAM VALLEY P.C.H.D. CASE NO. 035-13-19 STATUS REPORT - Dear Mr. Morris: Rather than have any surprises when the Hearing resumes, I would like to share some information with you in the hope that we can come to a sensible conclusion. As you know: 1. December 17, 2004, my clients moved from N.Y.C. purchased the subject property. It was their first home with a septic system. 2. Shortly after purchasing the property the septic failed. 3. In 2007, upon the recommendation of the Putnam County Department of Health, my clients hired Hekla Construction to install a new septic system. 4. In February and March 2007 my clients paid Hekla Construction Inc. $8,500. to install a new septic system. 1 5:, 1Plekla Construcribn''svork was irispected'arid approvedby the Putnam County Department of Health. 6. It is undisputed that Hekla's work was done defectively. 7. It is common knowledge that Hekla had taken shortcuts and installed defective system several times previous to being recommended by the Putnam County Department of Health to my clients. 8. Hekla's owner and principal has passed away and the company has gone out of business. 9. In 2012, my clients agreed to allow the County of Putnam County to reinstall or replace the defective septic system. 10. The County of Putnam hired Arrow Excavating, Inc. to correct the defects in the Hekla septic system. I I.My clients witnessed Engineers from the Putnam County Department of Health inspecting and supervising Arrow Excavating, Inc.'s work on a daily basis. 12. Arrow Excavating completed their work on or about April 3, 2012. 13. As with any septic repair, Arrow Excavating Inc. prepared an "AS -BUILT SKETCH" dated April 3, 2012, and submitted it to the Putnam County Department of Health for approval. 14. Arrow Excavating, Inc.'s work was approved by and paid for by the County of Putnam. .1-1-5.-Within irionths- tli6, Putnarn'Couifty: Arrow geptic system'failed.' - 16. The Putnam County Department of Health has.sought_to blame my clients for the failure of the Putnam County_ - Arrow septic system and has brought charges against my client, to wit Putnam County Department of Health Case No 035- 13 -19. 17. On April 30, 2013 I filed a Freedom of Information Law form with the Putnam County Department of Health. I sought to obtain copies of their records relating to the septic system on the subject property. To date, I have received no response. 18. Upon demand by the Putnam County Department of Health, we began a hearing on the Putnam County Department of Health charges on May 1, 2013. 19. At my request, and upon the recommendation of Dr. Alan Beals, Esq., M.D., Commissioner of the Putnam County Department of Health, the hearing was interrupted and postponed for one month to allow me time to investigate and see what could be done to stop the septic system failure. 0a -2t1.` My' cI e nts had previou4 ;'swifehed a1i of the sinks and shower to low -flow fixtures. 21. On May 2, 2013 my clients switched the toilet from a standard 3.5 gallons per flush to a low flow toilet that uses just over one gallon per flush. 22. On May 6, 2013 I Surveyed the property with Topography. 23. I took the AS -BUILT sketch prepared by Arrow Excavating Inc., for the County of Putnam and added the Putnam County -Arrow Excavating septic system to my Survey drawing. 24. On May 9, 2013 I called and spoke with Dr. Alan Beals, Esq., M.D. to set up a meeting with him and his staff to review our progress. He insisted that I call you to set up the meeting. 25. I called you and left a message. 26. On May 10, 2013 you called back and missed me. 27. We spoke this morning and you suggested that instead of a meeting I send a letter or Status Report. 28. Enclosed for your review please find three copies of my Survey drawing. As you can see from the Survey drawing there are several things that don't seem to make sense: A. There currently are six 4 ft x 8 ft x 1 ft high tri- galley type. units that-are 'used-to percolate the septic `effiuent­irifo the soil`.` Only two of the six units are entirely contained within my clients' property lines. The other four units are either partially or totally in the Town of Putnam Valley's property. I don't think that it is legal or proper to discharge the septic effluent on someone else's property. A better solution might have been to move the tri- galleys to the northeast side of the house, even if it meant relocating the well or installing an Ultra- Violet unit to protect the purity of the drinking water. B. The Roof Drains were directed to the uphill side, and within a few feet of the septic fields. This virtually insures that when it rains the soil for the septic fields will be saturated with rainwater runoff from the roof and unable to absorb the septic effluent. The roof drains could have been directed to the south side of the house. 3 -• E:-= There:- s a•Curtain Drain uphill-of the- septic - fields:- -Mowever.,-the outlet of the Curtain Drain is discharging on the uphill side of the septic field area. Again, it doesn't make sense to flood the septic field soil with sub - surface drainage water. The additional drainage water will reduce the capacity for the soil in the septic field area to absorb the septic effluent. The curtain drain could have been directed to the south side of the house. D. There is a 12 inch corrugated metal culvert pipe crossing under the pavement of Pleasant Road. The inlet of the pipe is crushed and when I Surveyed the site the inlet was choked with the Item -4 used to backfill the new Putnam County / Arrow septic system. No doubt if the inlet was functioning property, the corrugated metal culvert pipe would direct some or most of the rainwater runoff from the Pleasant Road pavement that is uphill of the septic area away from the septic area. To leave it crushed and choked with new Item -4 are mistakes. E. There is a paved swale at the edge of the paved road and the septic area, but the septic area side of the swale is lower than the road side. If we get a heavy rain, the rainwater from the road pavement will overflow into the septic field area. The septic side of the paved swale should have been raised higher to keep the road _.,.. :... , pavement-runoff water -away- f ro septic fields....:__..... F. The septic absorption area is under the parking area for the house. There is no indication of what type of piping was used. I hope that there is no Schedule 10 P.V.C. pipe. Hopefully only loadbearing SDR -35, Schedule 40 P.V.C. or Schedule 80 P.V.C. was used. Please confirm what type of pipe was used in the design and what type was seen during your inspections. G. I understand that the County of Putnam and my clients entered into a written agreement before the Putnam County / Arrow septic system was installed on my clients' property. I still haven't received a complete copy of the agreement from either side in this matter. But, I must assume that any reasonable person would have assumed that the new septic system would have been designed and installed in a good workmanship like manner. It appears that the 0 were neglige desigir;' installation; oversight; and inspectiong and mostly useless. Kindly review this matter and let me know what you think. I know that you have stated that any corrections, improvements, or changes will have to be paid for by my clients. This may have made sense before we knew that the Putnam County -Arrow septic system was designed and installed negligently. Now that we know this, it appears that it is time to reconsider our positions. I would like to work this out with the County and my clients, but I cannot ask my clients to accept and be responsible for work done negligently by the County of Putnam and or Arrow Excavating Inc. If you have any other questions, please email or write to me. Sincerely, I Matthew A. Noviello, P.E.,L.S. E ru I ivrllvl UUUN I Y I-1tAL I N UEF'AK I MEN I DIVISION OF ENVIRONMENTAL HEALTH SERVICES PROPOSAL FOR SEWAGE DISPOSAL SYSTEM REPAIR YES NO Internal Use ny tern al U On! �... .. ... ._. _. .. ... . ❑ Re air Permit issued in last 5 years ❑ Not in Watershed ❑ ❑ Repair within Boyd's Comers, W. Branch or Croton Falls Res. ❑ Delegated ❑ ❑ Repair within 200 ft. of a watercourse or DEC - mapped wetland ❑ Joint Review SITE LOCATION V�/�c..�lf� 49� TM # OWNER'S NAME f 41.7,k g j� A ;O PHONE # MAILINGADDRESS l D %a,,,�,,,r, — �o�e��( 1,.�1�, !1,,, ,J,C!/ #,IV APPLICANT &LA�� U\Okn O � e Name & Relationship (i.e., owner, tenant, contractor) DATE Z. —%-O% FACILITY TYPE ��5iA-01111'q) PCHDCOMPLAINT# PROPOSED INSTALLER rb C 0 nS n C, PHONE # ADDRESS 2 4/6 13 tit C*S h 0 l l 6 vi O?d REGISTRATION /LICENSE # Mp H0110 R(!-- FvI�,- Proposal (include a separate sketch locating the house, property lines, all adjacent wells within 200 feet of repair and the location of existing and proposed trenches) NOTE: Repair must be in same location and of same type as original sewage disposal system. Different location and proposed pump systems will require submittal of proposal from licensed professional engineer or registered architect. b. Site Street Name, Town and Tax Map number c. Location of installed components tied to two fixed points d. System description (e.g., 1250 gal. Concrete septic tank, etc.) e. Installers' name and phone number 3. System repair to be performed in accordance with the above proposal and conditio Proposal Approved Proposal Denied '11�69 A a spector's Signature & Title Date COPIES: White (PCHD); Yellow (Town BI); Pink (Installer), Orange (Applicant) PC -RP 99ML Rev. 8/05 v Jj A \\ le-1 ey I., Y? C4 C- OM-'A Im N, �R it DIS. v - ..�. HEKLA CONSTRUCTION, INC, o M Full Service Excavation • Site Work • Trucking v `� Septic Systems • Sewer Hook -ups P4 =- rl Top Soil * Fill • Gravel • Blacktop. , Modular or Stick Built Homes a Foundations ^ (845) 628 -5066 Fax (845) 628 -0128 AJ � CZ X. �U Zt oZ J0 �\ (� Z M - U U a m c° _ �� 0 WAN Mead Shect df -H SERVICS %46 6,001) nd'y'tl6 ,knowledge. receipt of *this.rqport: SIGNATURE, 96 Title: V. F.I.NE)DIGS: c .fib. �pK�'✓1"� `: lb's Px : J ILA— )2� A�v 10 .4AL At . . ........ 465"t IAINO Z Aq bb %46 6,001) nd'y'tl6 ,knowledge. receipt of *this.rqport: SIGNATURE, 96 Title: V. TEST PIT DATA 2 DESCRIPTION OF SOILS ENCOUNTERED IN TEST HOLES DEPTH HOLE NO. HOLE NO. _ HOLE. NO. 0.5' 'TtNf 1.0' 2.0' SILTY S l fl -1 LIT 5AND 2.5' ' 3.0' 3.5' 4.0' ', AA V 4.5' �. 5.0'v[ 5.5' 6.0' 6.5' 7.0' 7.5' �'� ZArLX 8.0' ? 8.5' 9.0' 9.5' Indicate level at which groundwater is encountered''il/, Indicate level at which mottling is observed %�' �`�v'SIs�'` ✓, Indicate level to which water level rises beDeep hole observations made by: Date Design Professional Name: Address: Signature: Design Professional's Seal SH E88LUTA AMLER, MD, MS, FAAP Commissioner of Health LORIET 1('A MO LINAR .l(iRI,. ISla1... �;.: •. ;.:, ;_ - � = _ Associate Commissioner of Health January 25, 2007 Hekla Construction 256 Buckshollow Road Mahopac, NY 10541 Dear Mr. Hekla: Qa OB ERT J. BONDI County Executive ;x. .. �• �-^ �l��R�IV�I •U'llilAtlS;'�'��.�s�d. ,-:; •�. .::,o';: Director of Environmental Health DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Re: Proposed Repair — DeNisco 13 Pleasant Road (T) Putnam Valley, TM# 83.72 -1 -36 This office has received and reviewed the most recent sketch for the above - mentioned project. We would like to offer the following comments for your review and consideration. �'/1. Deep holes need to be excavated to determine the extent of the ledge. 2. A sketch showing all adjacent wells within 200 feet of the SSTS area needs to be provided. Please provide all required elements on the sketch as rioted on the repair permit. (house, property lines, wells, location of existing and proposed trenches, etc.) _... This office will continue;its"IeView. ipari'corside *atiair= :of.�the iabove- rr�ert �ned~ebm nerits: ° ° - -~ Please feel free to contact me at est. 2157 if any questions arise. JSP/kly Very truly yours, Joseph S. Paravati, Jr. Assistant Public Health Engineer Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fak (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 'Low' Boy Gak&,-End -$ec a*" (H.?o) CAT-T. f .WSPECIFICATIONS= • Concrote"Mln 'u"m,re'n'' nth -.4;000 P.9.1 at 28 days. • Steal Reinfor'c 't- -60 X'51 X 10 go. steel wire mish. W W PAGE 135 "AA . P INC STERN -RECAST CO... P.S. Box 5133 Conricr;c Rd., Brookfield, [T Om. ftm (203) 775 -0230 :775 -M Fox (203) 740-2059 acknowledge. receipt of this report: SIGNATURE: I1./96 Title; ',ev . IILMLN IN%,. 0 C7 Full .Service, Excavation .•.Site Work • Trucking Septic Systems • Sewer Hook -ups �f -- ` _ Top Soil,. • Fill • Gravel • Blacktop. Modular or Stick Built Homes •... Foundations — {J (845) 628 -5066 Fax (845) 628 -0128 Ali Is --� `_ -- - _ -_;. -L 5 r z = I 1 O t- Cr O 6 z C �y to V h a. cc ""iC6 Q N W U I 4 Qd --- -------- ri HEKLA CONSTRUCTMN, MC. Full Service Excavation o Site Work o Trucking Septic Systems o Sewer Hook-ups Top Soil o Fill o Gravel o Blacktop. Modular or Stick Built Homes o Foundations (845) 628-5066 Fax (845) 628-0128 r4 6 G 0 a: z V.01 Urd t__ 6 Uam CO LU _71 ...... ......... ... . ........... . VIM fly- -All 7 0 F P f,_:) 'd a: z —73-- t__ 6 Uam CO LU _71 F P f,_:) 'd PUTNAM COUNTY HEALTH DEPARTMENT DIVISION OF ENVIRONMENTAL HEALTH SERVICES PROPOSAL FOR SEWAGE DISPOSAL SYSTEM REPAIR YES- N0 - .. Internal Use Onl ❑ Repair Permit issued in last 5 years ❑ Not in Watershed ❑ ❑ Repair within Boyd's Comers, W. Branch or Croton Falls Res. ❑ Delegated ❑ ❑ Repair within 200 ft. of a watercourse or DEC - mapped wetland ❑ Joint Review SITE LOCATION ' OWNER'S NAME MAILING ADDRESS rl APPLICANT l'TLL'� 0 (2 (.r Name & Relationship (i.e., owner, tenant, contractor) TM # Lt r• L ca; PHONE # 1S %j'' 5 DATE 7--7-07 FACILITY TYPE � �ci�n%ig PCHD COMPLAINT # PROPOSED INSTALLER �b C 0 JAS t C PHONE # ADDRESS 2 c/ 6 6 LI C*s h 0 1 G wJ 9 ?d REGISTRATION /LICENSE # MPH0PPe- N�,. Proposal (include a separate sketch locating the house, property lines, all adjacent wells within 200 feet of repair and the location of existing and proposed trenches) NOTE: Repair must be in same location and of same type as original sewage disposal system. Different location and proposed pump systems will require submittal of proposal from licensed professional engineer or registered architect. b. Site Street Name, Town and Tax Map number c. Location of installed components tied to two fixed points d. System description (e.g., 1250 gal. Concrete septic tank, etc.) e. Installers' name and phone number 3. System repair to be performed in accordance with the above proposal and conditio Proposal Approved Proposal Denied spector's Signature & Title Date COPIES: White (PCHD); Yellow (Town BI); Pink (Installer), Orange (Applicant) PC -RP 99ML Rev. 8/05 f 8 T f a Y Property Details - Image Mate Online Putnam County Page 1 of 2 J Navigation €GIS Map Tax Maps 'I; ORPS Links Assessment Info ` Help Log In .... ..... yy t Q i Residential Municipality of Putnam Valley, Town of Units SWIS: 372800 ITax ID: 1 83.72 -1 -36 0 0 0 Lake peek.imp Tax Map ID / Property Data Status: Active Roll Section: Taxable Address: 13 Pleasant Rd Property Class: 210- 1 Family Res Site Property Class: 210- 1 Family Res Site: Res 1 In Ag. District: No Zoning Code: LP - Lake Peekskill Bldg. Style: Cottage Neighborhood: 2816.0. -... " School. - :... -- District: ' - . Rutnam. .. V611ey' Legal Property Description: 09300000030030000000 001040000086000000000 93 -3 -3 Total Acreage /Size: 0.36 Equalization Rate: 2012 - 100.00% Land Assessment: 2012- $50,800 Total Assessment: 2012- $188,000 Full Market Value: 2012 - $202,100 Deed Book: 1693 Deed Page: 318 Grid East: 659808 Grid North: 913611 Special Districts for 2012 Description Units Percent Type Value Fire district 0 0 0 Lake peek.imp 0 0 0 Photographs No Photo Available Maps View Tax Map Pin Property on GIS Map View in Google Maps View in Yahoo! Maps View in Bing Maps Map Disclaimer http:// putnam .sdgnys.comlpropdetail.aspx ?swis= 372800 &printkey = 08307200010360000000 7/29/2013 Property Details - Image Mate Online : - I Land Types Type I Size Primary 0.36 acres Page 2 of 2 http: // Putnam .sdgnys.comlpropdetail.aspx ?swis= 372800 &printkey = 08307200010360000000 7/29/2013 Printer Friendly Report - Image Mate Online Page 1 of 2 b Pro erty.]Description.Repor.:t For.: 1.3 Pleasant.'R Municipality of Putnam Valley, Town of No Photo Available Total Acreage /Size: Land Assessment: Full Market Value: Equalization Rate: 0.36 2012 - $50,800 2012 - $202,100 2012 - 100.00% Deed Book: 1693 Grid East: 659808 Area Status: Roll Section: Swis: Tax Map ID #: Property Class: Site: In Ag. District: Site Property Class: Zoning Code: Neighborhood Code: School District: Total Assessment: Market Value /sqft: Legal Property Desc: Deed Page: Grid North: Active Taxable 372800 83.72 -1 -36 210 - 1 Family Res RES 1 No 210- 1 Family Res LP - Lake Peekskill 28160 Putnam Valley 2012 - $188,000 2012 -$255 09300000030030000000 001040000086000000000 93 -3 -3 318 913611 Living Area: 793 sq. ft. First Story Area: 793 sq. ft. Second Story Area: 0 sq. ft. Half Story Area: `_ 0_sq..ft. - _ .._ .... .. v .. _. :Additiodal, Story .Qrpa:. _ sq ft: .' ... .... .._ . 3i S�to�y "Afea "::.;�. . -• -G sq�. ._..._ ..._ ... _ _... _. .. Finished Basement: 0 sq. ft. Number of Stories: 1 Structure Building Style: Bedrooms: Fireplaces: Porch Type: Basement Garage Cap: Overall Condition: Year Built: Owners Tina M Defelippis 13 Pleasant Rd Lake Peekskill NY 10537 Cottage Bathrooms (Full - Half): 1 - 0 2 Kitchens: 1 0 Basement Type: Crawl 0 Porch Area: 0.00 0 Attached Garage Cap: 0.00 sq. ft. Normal Overall Grade: Average 1940 Angela Denisco 13 Pleasant Rd Lake Peekskill NY 10537 http : / /putnam.sdgnys.comlreport.aspx ?file = &swiscode =3 72800 &printkey = 083 072000103 ... 7/29/2013 Printer Friendly Report - Image Mate Online • a Sales Page 2 of 2 http : / /putnam.sdgnys.comlreport.aspx ?file = &swiscode= 372800 &printkey = 083072000103... 7/29/2013 Property Value Arms Addl. Deed Book Sale Date Price Class Sale Type Prior Owner Usable Length Parcels and Page 12/17/2004 $1 210 -1 Land & Defelippis, No No No 1693/318 Family Building Tina M Res 1/23/2003 $164,000 210 -1 Land & Siniscalchi, Yes Yes No 1612/238 Family Building Mark Res 12/14/2001 $147,000 260 - Land & Richer, Yes Yes Yes 1573/311 Seasonal Building Nathaniel res D 9/2/1997 $41,000 260 - Land & Hochberg, No No No 1409/103 Seasonal Building N res Utilities Sewer Type: Private Water Supply: Private Utilities: Electric Heat Type: Hot wtr /stm Fuel Type: Gas Central Air: No http : / /putnam.sdgnys.comlreport.aspx ?file = &swiscode= 372800 &printkey = 083072000103... 7/29/2013 � . P Complaint lhformation Log # 05 -07 -19 Complaint Received 1/5/07 Received By. Martin, Linda rRcvd~via Telephone Time Received Assigned TO Rogan, Shawn - a.vmNrauwui Ircravn inanury vvrrgnanry Anonymous FirstJOHN Address City PUTNAM VALLEY Last ALLEN BI (T)PV State Zip Phone 845 - 526 -2377 - onginisource or compiamt Origin /Source DENISCO /DEFELLIPPIS Address 13 PLEASANT RD. Phone 845-528 -2132 Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility . Category A condition, action, activity, place or area that is ani - Complaint is Against Complaint - General Facility Address Sub -LHU Risk Level No risk assigned - compiamt Nature of Complaint Date Complaint Sewage exposure Status Resolved Resolved 2/20/07 Description ActionTaken SEPTIC LEAKING SEPTIC AREA OBSSERVED LEAKING BY J. PARAVATI 1/5/07 1/8/07 -PER J. PARAVATI, OWNER HAS CONTRACTED W /HEKLA CONSTRCTION TO REPAIR SYSTEM. APPT. DO DYE TEST MAKE FOR 3:OOP.M. ON 1/10/07 ... _... ,.. _..., .1110 10.ZrQYE TES'MD.FIR.S.T FLOOD BATH��JC'M . 1/11/07- DYE REPORTED BY OWNERS AND VERIFIED BY B. HEDGES. 1/12/07 -NOV PREPARED 1/16/07 -NOV MAILED 1/23/07- RECEIVED CALL FROM TINA DEFELLIPPIS - SUBMITTING REPAIR PERMIT VIA MAIL TODAY - HEKLA IS PROPOSED CONTRACTER. R -024 -07 APPROVED, BUT ENGINEERS (J. PARAVATI) WANT TO OBSERVE DTH PRIOR TO CONSTRUCTION 2/6/07 -1. DIGIT TO WITNESS DTH'S REPAIR PERMTI MODIFIED DUE TO DEPTH OF SOIL APPROVED AS MODIFIED FOR SHALLOW GALLIES. 2/13/07- REPAIR INSEPCTED AND COMPLETE - INSPECTED BY JOE DIGIT ti 1 Date Printed May 04, 2011 05/1.7/2013 08:49 845 2280231 PUT COUNTY CLERK ENV1KUN flhAlAli LyJUuI v VVYlllj llj,j`,j�t Mani TRANSMISSION 09 TX /RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT AP6424 -2013 12:49PM FROANVIROI NNTAb HEALTH Ae>k$r TX REPORT 1�> h�ks5 >%sltxe�g�e�k����e�CRsk�>&� 2012 92787921 ENVIRON HEALTH 04/24 15:57 00,19 1 OH Tod ZU244,2W 614 W ' E4627�76$'I T °207 P.00 /001 F -642 "rN lcr?13QFf� �(,� � ��� :�'.:.1. tilt. •• }'�'i, � = +U�..a��,1S �11if, '_ !� j"�i�.Hi;�.l'l:, fr. c: rli .� G p fv.. ^. �M1 1.:i � � i J � � : -C *1! 11TV:r1 � 1 /l1j � 1 3,If 1 K/z t 4.a��,ln;i. T1nLUC�iL`iL•rii lit (t+)fTin =r Ff iZ 4l�'ti Cox" T��lr� t�7tiiLl 0.,4/24:/.2013.15. :57 FAX 345 26,30231 PUT .;0 LINTY C IF, pit ENVIRON ttEAL'1'li LO UU1 APR -244M 12:40PM FROMMV!ROINWVITAL 1EAL'A 445276,7921 T-1287 p,001 /001 F -842 ire Sad, rummlicoudw Cie* ti11 ;DE L � ga tm 'f Helm . mm :u■Wp■m�■. f :.mmmwbb, .. 'ro X197;1 �unl� ■I®��r..�um�.n.�ruww..�mrr� crone thg h&vdvt ple m W t to the ljoidtoed depmtRWW for me AFpgcaat S to tme, ,.1 • I i &XV i'4Mug Adfts �'' •C1JI�J- ilrJ_. ♦` TAA - �:: �'rr r'�St.d. f �NIbI�'1l;�°�����`'.. 'y (..�.....i� .. / W.1�%l��P.r/ !D GAJ 4•Y, 1'�l. �i�Y Y � �4�'Y I G �I ,nbc�i.''bl' +,�iu ®(1�"cmtCle�Y} ll ?±±�u'1 iUJfII�'► =� _ _ _ ..... -,= c - ....... -. __..... , n . 6]FC1s; 01�3�L� s 1 ala a: Sir alblic Warmadaim Officer I , ...® mf1�81r Rivlcr�. �u1■ ��1 ID_ s®-`' aoenaal�dm4l�enoly��l�aaa�1 ®�.®mers��n t FOR AGEACY USE ONLY �l�E�1l�G7Rn!► >��' �t'9 J[�R.'['�E 1R+OLLOi�+tG >�n>v - itstcmd o NdM this a ovi is le l r.utodima ean& be fotur d' L�e�a�d• 6r. �>naed aythisl �cY ABC I�� ,A1 6i�r.�iiLS�tff{C�itG'J� Tl'd Nit .■® u�mlltom.. 7mmmA�mummv .m�tlWmcamlur+gEaue®aa.amm� � m�m�aml�mmnn®+aial» ale ®oss.m. ®.�..I�as�.culrm�mw�al� "t�'OU HA'1 O W 11901113 AFM1, A DEW: rte' THIS AMU MITON TO TES PtFDgAM C1:1jJJ1i'IY I CU Tra ,M.1-i MUST FMY E S:'1.Aa 7M'PJASDM FOR. Mq'i-+ IN WIM VA'>[il N SMI' DAYS OF IM �IItL�I13:leY °I."'Rii L'IIEEEDE24VO ._ �-...: w,_:-. W.....,,_._...._... m.,................._.._- ._�... �— ....,_...r...II.. ISM.... ■„�..- ..�— _._..�....�..,...�.,� PUTNAM COUNTY HEALTH DEPARTMENT DIVISION OF ENVIRONMENTAL HEALTH SERVICES PROPOSAL FOR SEWAGE TREAT ENT:SYS-TEM REPAIR . Internal Use Only PE( OOT 0 O lJ Repair Permit issued in last 5 years LT Not in Watershed Fii,/ Repair within Boyd's Comers, W. Branch or Croton Falls Res. ❑ Delegated ❑ L� Repair within 200 ft. of a watercourse or DEC - mapped wetland ❑ Joint Review SITE LOCATION Z3 �, �� TOWN 4,� dr v TM3. 7�— OWNER'S NAME �� � �,� s it � c y PHONE # MAILING ADDRESS- ,.�,,Gv -� APPLICANT %_C_ Name & Relationship (i.e., owner, tenant DATE. -L FACILITY TYPE _:%Q S PCHD COMPLAINT # PROPOSED INSTALLER emu/ tic . 77- c PHONE # ADDRESS aZ .D✓oy -a+ S G, ® c Q 8� ehi-,- S REGISTRATION /LICENSE # /D,/ 7 Proposal (include a separate sketch locating) the house, property lines, all adjacent wells within 200 feet of repair and the location of existing and - proposed) system) NOTE: The Department may require submittal of proposal from licensed professional depending on the nature and extent of the repair. I, as owner,agree to the conditions stated on this form SIGNATURE _, TITLE L DATE ZeWZ. (otbwery I the septic installer; pgree-to:.^omply.with t!�e cry relit o ^s i *this�perrrrit fc�r tttwseptic system repair SIGNATURE TITLE :PWXo'�e r DATE Z- 2-eV 2- (installer) Proposal approved with the following conditions: 1. Procurement of any Town Permit, if applicable. 2. Submission of as built repair sketch by the septic system installer within 30 days of the repair, in duplicate showing: a. Owner's name, Site Street Name, Town and Tax Map number b. Location of installed components tied to two fixed points c. System description (e.g., 1250 gal. Concrete septic tank, etc.) d. Installers' name and phone number 3. System repair to be performed in accordance with the above proposal and conditions 4. The proposed SSTS repair is considered a best fit design and there is no guarantee to the duration at which the completed SSTS repair will function. 5. No completed work is to be backfilled until authorization to do so has been obtained from the Department. ImirmnuA# o I&C neai u Inspector's Signature & Title Repair proposal is in Proposal Denied ❑ 12 Dat ce with applicable codes Yes Date No O COPIES: PCHD; Owner; Installer PC -RP 99ML Rev. 2/07 PUTNAM COUNTY HEALTH DEPARTMENT DIVISION OF ENVIRONMENTAL HEALTH SERVICES - PROPOSAL FOR SEWAGE DISPOSAL SYSTEM REPAIR ., ....... ........ . SITE LOCATION J j D���, :zJ- l4� TM # OWNER'S NAME �`r► _ lSf.L f� lj4 �3.o PHONE # MAILING ADC APPLICANT Name & Relationship (i.e., owner, tenant, contractor) DATE 2--7-07 FACILITY TYPE r e6,Aediq l PCHD COMPLAINT # PROPOSED INSTALLER H�- K 4)� C 0 nS ✓ t n C PHONE # k yc- C 2 -Y ' S^ 0 �0 ADDRESS 2 cl6 6u c*-s h p l l G W il?d REGISTRATION /LICENSE # P M la H 01� )4 Proposal (include a separate sketch locating the house, property lines, all adjacent wells within 200 feet of repair and the location of existing and proposed trenches) NOTE: Repair must be in same location and of same type as original sewage disposal system. Diferent location and proposed pump systems will require submittal of proposal from licensed professional ergineer or registered architect. b. Site Street Name, Town and Tax Map number c. Location of installed components tied to two fixed points d. System description (e.g., 1250 gal. Concrete septic tank, etc.) e. Installers' name and phone number 3. System repair to be performed in accordance with the above proposal and conditio Poposal Approved_ Proposal Denied CTIPtor's Signature & Title Date 01PIES: White (PCHD); Yellow (Town BI); Pink (Installer), Orange (Applicant) P,-RP 99ML W. 8/05 I �j v -1 kv r /cE HEKLA CONSTRUCTION, INC. ,o m 1 i Full Service Excavation • Site Work • Trucking )s Dp. dbtions 128 V" 77 ---- If-- .. . .. ......... . ........... LO LXMKI� ff Lzad IV 72 &N M 77- L- (Z) N�- } TEST PIS' DATA 2 � DESCRIPTION OF SOULS ENCOUNTERED IN TEST HOLES LIES HOLi NO 0.5 'qqf 1.0' 1.5' ,VGA � 'G!g l I MAgc,-� - vWlv. 2.0' s —mv p LT ; ��fl 2.5' 3.0' 3.5' 4.0' 4.5' iVIC l h ry r 5.0' 5.5' 6.0' 6.5' 7.0' 7.5' 8.0'l� ? Indicate level at which groundwater is encountered Indicate level at which mottling is observed Indicate level to which water level rises bei g encountered Deep hole observations made by: Date Design Professional Name: Address: Signature: Design Proffessional's Seal 7 15 35 PAGE. 00 LOW' Boy Gallerle=fnd Section (H -P) ci f�:7': . • �1* SPECIFICATIONS: :•' is Concrete Aihimijn'• Strength 4;� P.S. Y at 28 days. ! Steel Rainioremerit. =14; Rebar:8• VON X 10 go. steel wire mesh. PAGE 135 EASTERN PRECAST CO 11(c . - : P:O: Box 5133 Cavierce Rd., &oakfield, CT.. 06B04: Phdk (203) 775-OI30 TFr93fq Fox (203) 7*-20M l• Ir ®mff�i 1 1 :s,,.:. 05/22/2023 15:38 C 845227 ,=I 3 ARROWEXCINC It PAGE 02 4 L I'D %'waskl -5To� 04 5, t 9C S, di '-A F L( + 0 Y—C A 3 15 4�! -9 - lq'4 .•1 „ : ;to 3 - ID s '. 2-9,4, JD 6 - 14 11-5- : ;314, i . rw(, 101-4 ,A - 2, y0� \ 1 ZFT l W / 1 w ' O " PIN IN CONC Q ? oa0` 1°36 'E STOCKADE FENCE 160.00' \E.1LEDGµ C NC�lp ATI0 0 N EA = 5,014 - SQ. T. = 0. 5 +/- CRE fit, ;AME DWELLING g C. L. K �/ m GAT- � � 1 I 0 t / _t -V2 STORY uA /+ rR ILIND g, H FRAME ',jt�°: � p:.;C }L j \ 45.9 FT 41 X8'X W r LOCATION OF P.C.H.D. /ARROW EXECAV. SEPTIC SYSTEM PER SKETCH 04 / / -03 -2012 900 SPK - t — — q LEV = 300.00' 340 °52 pry EXCAVATING INC. SYSTEM CONCERNS: \�-or '. FPA�MENT Q / TO CONTAIN SEWAGE BELOW GROUND. POLE z TAINED WITHIN PRIVATE PROPERTY LINES. ? CTED TO SEPTIC FIELD AREA. X FF ELEV = 305.44• / I IRECTED TO SEPTIC FIELD AREA. NOT ADEQUATELY DIVERTED FROM SEPTIC FIELD AREA. •: uic rn or_nrr rr n wrrw \ y i•: 'i 'i ;i Complaint Loa _. -Dato Remarks # m /Ys,„ �i d e s ie hq ci l zeu (8vA Aj a "S elk 66 AeiLS k,`f "ot) 16- woc�lQ iILe- ov - i u- op r'o Uzi . KD� A A ✓iS t S l �i I,� t l c ► ICS �o / 3 jo l S*O- d� 6v, d9,4s; pn Jo2 1 Al-D 64 �rf S►�.,- 4!Lols C"D m p fub s 4 car di . c IDNate Remarks At. 6azi-C4 4A Z14 E v F oaf Sep v` �A A _ u 4 ra" Poor, At. 6azi-C4 Y Complaint Loa U ' Ago A45 AW AAe-a t ct + I r No AedeL*c!, L3ork reL aii t4ge!!:� � • nn 1 J-fS V610%,e ry It e ,Wj !tr� . Aso -SO 0 94.k7 CL.e 1 12 �,� U ' f e6 di 7r .�d�'e -a w,, 1W AWzzl oQUM 9t A114.4, or ofv* s '^ A J AA ®� Lela C S a kA-. 40 x *IA Comoiaint Lae Ste` �T' !S 1J3� /•�'L �t G9 M�r�. p*QU lot wr IC_ vas 9L o fi •�� CM BD to 9-41-117 (,tJh.t/•s /irau�e Ski 5jaotiA �.✓• � .? y ! c � h ter,• -.. �c�2 � �� 0 _ a Comolaint Loy �d I 2"•". /'&O J Aia._ Oct c [ll cwt A .Akt �- S , rms ALLEN V BEA L S, M.D., J.D. Commissioner of Health ROBERT MORRIS, IF.IE•, MPH Director of Environmental Health July 2, 2013 DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 Phone # (845) 800 -1390 Fax # (845) 278 -7921 Angela DeNisco 13 Pleasant Road Lake Peekskill, NY 10537 Dear Ms. Denisco: VIA FIRST CLASS MAM VIA CERTIFIED MAUL (RR R) Mt RYELJ1.1E1V ODELL County Executive Re: Case No. 035 -13 -19 Premises —13 Pleasant Road (T) Putnam Valley The -Hear' sch: doled for July', 2013 has been rescheduled for August 7, 2'U 13 at 9:30 A.1VI. in the Hearing Room, at the Putnam County Department of Health, 1 Geneva Road, Brewster, New York. Please telephone the writer at (845) 808 -1390 ext. 43216 with any questions in regard to this correspondence. Sincerely, Rick Carano Public Health Supervisor RC:cw cc: J. Paravati \T A X. AT7 . Street PERSON IN CHARGE r6- Sheet of PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEATLH SERVICES FIF,,LD_ACT1VITYREP.QP.,T 91 MIN IM Z-431 I AI CIA Name and TitI6 TYPE OF FACILITY: Town Tip, State Zip /I)- I I rf 1 �sp -,cTnp T-T Signature and Title EPC)'RT PFCFTVFt) Ry., acknowledge receipt of this is report: SIGNATURE; �/96 Title: '0/2011 13:39 8452276436 C° ARROWEXCINC PAGE 03 I. �� 756 e4ft& .ley t ctr mq�p k�, i)%V,tkjpy To ARROW Ekj -T-N C 05/22/2023 15:38 YI 845 76436 ___- ARROWEXCINC PAGE 02 ��- 3 •zf✓ k Q1eaSa�T OZ Y - Z- _ y; B-3 Box A -y�° gyp = d�4 B,y i; Y 1: Uvco-iuld- — ,A - z 14' $ ki 't-u r 'D d k` was ��T� (. F- 1far44/1f:. D c Topr,, a f D Z- _ y; B-3 r �5 A -y�° gyp = d�4 B,y A03 il 1: Uvco-iuld- — ,A - z 14' 061- 'V2011 12:17 a 845528455® CARMEL JUSTICE COURT PAGE ®z TOWN COURT: TOWN OF CARMEL COUNTY O NillM: ... 5 ... �..: a. u . .... STATE OF NEW YORK . .— ------------------- — --------- - --ev--- +v---- -- -V -vX ANGELA DENTSCO & TINA DeFELIPPIS, plaintiffs, - against- Defendant. ov--v--.-----------ee- ------ ----- P9O---- YO---- ------- -e -- -r - -vs -LAX This is and action commenced by plaintiffs seeking an award of $3,000. FWnti#fs claim defendant failed to properly perform ceptic repair at them residence located at ..13 pleasant Road, bake peeksldll, New Yrok, plaintiff seeps reimbursement of tho repair bill plus costs to perform further repairs all of which exceed the jurisdictional limits of this Court. It is undisputed that defendant performed septic work at plaintiffs' residence in February/ March 2009 and was paid approximately .$8,500.00. Plaintiffs had problems including septic rising ._ to- the,suifact is -weir driveway and in ba. .4p ent..:R. vious1y ihery.b. _ 4 their septic pumped every two years. The proposal prepared by Hekla Construction was introduced into evidence setter forth the scope of the worms to be performed, Defendanft witness testified that both he and the representative from, the Health Department found rock ledge in the septic area. The work performed by defendant was done with the approval of the Health Department and the worked passed the final inspection. Plaintiff a claimed the septic repairs were faulty and with 1 year they were experiencing the same problems. They clamed that the defendant failed to properly connect the pipes vnthin the septic system and that the defendant negligently cut or disco=ectad pipes. Plaintiffs claim that septic is now rising in the area where the.junction box was installed by defendant and that the defen.dant failed to properly connect the pump up chamber to the septic system, Defendant claitded that the work done according to the proposal was to add on to the existing septic system and that the 06427/2011 12:17 e4552e456e CARMEL JUSTICE COURT PAGE 63 4.p a ~ plaintiffs problems were'as a result of the fact that it,was a very smali "iof and that there was a lot of ledge rock in the area of the septic system. The repairs were done properly and approved ultimately by the board of Health. No expert testimony was presented by the plaintiff in support of his claim that the work performed by defendant was improper or faulty. Upon, consideration of the testimony of the parties and review of the ecvidence, the Court &ids that the plaintiffs have failed to prove that the repairs performed by defendant were improper or defective in any manner. No expert testimony was presented by plaintiffs in support of their claim. The evidence presented is insufficient to support a fin&ng of any negligence by defendant in the services performed. Accordingly, the Court finds in favor of the defendant and plaintiffs' claim is dismissed. 12, 2010 J, Spofford, Jr. Intered by: Lisa Laquidara Clerk to: Hon. Joseph J. Spofford, Jr. Dated: October 12, 2010 Lisa ,L.aquidara sL ''GHJL�.:KN�?1fU�iNt�r�UgTJ�.' r' I Complaint Information Log # 05 -07 -19 Complaint Received 1/5/07 Received By. Martin, Linda r '� ia' Te* pieriiie°. i inie�Rec we u - - As ; g cd Ti3 og Flg a'ri,- Shawn' v. ur........... 1.................... ........ ❑ Anonymous FirstJOHN Address City PUTNAM VALLEY 01 Last ALLEN BI (T)PV State Zip Phone 845 -526 -2377 Origin /Source DENISCO /DEFELLIPPIS Address 13 PLEASANT RD. Phone 845 -528 -2132 Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is and - Complaint is Complaint - General Facility Address Sub -LHU Risk Level No risk assigned - Complaint Nature of Sewage exposure Complaint Resolved Date 2/20/07 Complaint Status Resolved Description SEPTIC LEAKING ActionTaken SEPTIC AREA OBSSERVED LEAKING BY J. PARAVATI 1/5/07 1/8/07 -PER J. PARAVATI, OWNER HAS CONTRACTED W /HEKLA CONSTRCTION TO REPAIR SYSTEM. APPT. DO DYE TEST MAKE FOR 3:OOP.M. ON 1/10/07 1/10/07 -DYE TESTED FIRST FLOOR BATHROOM. _. .... ..:� _ _ .111111 =i -13YE• REPORTED- DY'O'V NE-KS Aiivuu . _ .._ .:........ . VERIFIED BY B. HEDGES. 1/12/07 -NOV PREPARED 1/16/07 -NOV MAILED 1/23/07- RECEIVED CALL FROM TINA DEFELLIPPIS - SUBMITTING REPAIR PERMIT VIA MAIL TODAY - HEKLA IS PROPOSED CONTRACTER. R -024 -07 APPROVED, BUT ENGINEERS (J. PARAVATI) WANT TO OBSERVE DTH PRIOR TO CONSTRUCTION 2 /6 /07-J. DIGIT TO WITNESS DTH'S REPAIR PERMTI MODIFIED DUE TO DEPTH OF SOIL APPROVED AS MODIFIED FOR SHALLOW GALLIES. 2/13/07- REPAIR INSEPCTED AND COMPLETE - INSPECTED BY JOE DIGIT Page 1 of 1 Date Printed February 22, 2007 mplaint information Log # 05 -07 -19 Complaint Red4A' -;(/5/07 -• ?cvd ,�(ia '1'elzpliGne '' ' `'- i hne Receivea complainant (Person maxing complaint) ❑ Anonymous FirstJOHN Last ALLEN BI (T)PV Address City PUTNAM VALLEY State Zip — Origin/Source of Complaint Y�Icl*�`l,l s� 'l;�a �1. Origin /Source UNKNOWN Ai Address 13 PLEASANT RD. Phone - Location Town of PUTNAM VALLEY—/ — Operation Type Complaints not associated with a eHIPS Facility Category A condition, action, activity, place or area that is ani 41ve Received By Martin, Linda Assigned To Rogan, Shawn Phone 845-526-2377 Complaint is Against Complaint - General Facility Address Sub -LHU 6 ,(o ! �� Risk Level No risk assigned - Complaint Nature of Sewage exposure Complaint Needs Investigation Date D Complaint Status g Resolved �- Description ActionTaken SEPTIC LEAKING _ _ Q ) 7ek 6-k VIY tug . o� C,—a F24t,�. oo >� c G l� irp 4>L if•- S Page 1 of 1 Date Printed January 08, 2007 ;R� -; U- , m'a. v �_._........_ . After..ffour,= Lod Time Received: (After hours Only) Time Ended: (After Hours Only) Total Time: (After Hour Only) Date Received: Loued Bv: How Received: Received Bv: Referred To: Person MakiniZ Complaint: First Name: Last Name: Street: Town: �)• V State: Zip: ruin of Complaint: irst Name: Street: CV96 Town: q \% Last Name: Phone: Jd6 -o?,3 % 7 State: Zip.: Phone: Nature of Complaint: (Briefly describe) Action Taken: Sheet of PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEATLH SERVICES Street Town State Zip PERSON IN CHARGE G ` ��� tIG !1R TNTFRVTRWFT): ;yP T)atP: Name and Title TYPE OF FACII.TTY : FINDINGS: P INSPECTOR, TFT Signature and Title R FPnR T RFC F- TVF.T) BY: 1 acknowledge receipt of this report: SIGNATURE: )2/96 Title; Rev. Postal (Domestic 6.ERTIFIED MAIL,,,, RECEIPT rq • �� Ln S7 r-q Postage $ l0 M 4 CerfiW Fee ✓ � • C3 Return Receipt Fee Postmark EM .(Endorsement Required) Hate O Restricted Delivery D^ (Endorsement Required) m Totr' C3 Se„rDefellippis, Tina M. C3 Denisco, Angela ....... - ... 'rA13 Pleasant Road ... ...... _ Lake Peekskill, NY 10537 • AM I Eff Certiiied.Mall Provides: • A mailing receipt . (9"Wdd) zoo& -0 yes uuod sd sI A unique Identifier, foryour mailpiace a A record of delivery kept by the Postal Service for two years + ImpeKar►t Reminclers: ■ Certified Mail may ONLY be combined with First -Class Mail& or Priority Mail® ■ Certified Mail Is not available for any class of international mail. e INSURANCE COVERAGE aCehfed' Mail. For valuables, please consider Insured or Registered Mall. a For an additional fee, a Return Receippt mayy be requested to provide proof.of de &very. To ebfain Return Receipt servk^ pfease complete and attach a Return Receipt, (P2. F'rtn 3rif!j to the article and add applicable postage to cover the fee. Endorse mallpleC* IRcl=rn Receipt Req::ested°. To receive a fee waiver for a duplicate return receipt, a LISPS& pustm i k on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement °Restidwed-Defiveiyt ■ If a postmark on the Certified Mail receipt is desired, pplease present the arti- cle at the post office for postmarking. If a postmarK on the • Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. 1 I I • iHERLUTA AML.ER, MD, MS, FAAP Commissioner of Health LORETTA MOLINARI, RN, MSN ,4ssociaie CaminiPs oner'oj lyealth DEPARTMENT OF HEALTH 1 Geneva Road, Brewster, New York 10509 CERTIFIED RETURN RECEIPT REQUESTED ROBERT J. BONDI< County Executive Director of Environmental Health PLEASE RETURN CORRESPONDENCE TO: Defellippis, Tina M. NAME: Shawn Rogan Denisco, Angela TITLE: Public Health Sanitarian 13 Pleasant Road PHONE: (845) 278 -6130 Ext. 2159 Lake Peekskill, NY 10537 DATE: January 16, 2007 OFFICIAL. NOTICE OF NON-COMPLIANCE YOU ARE HEREBY NOTIFIED that non - compliance with Article III Section 4 of the Putnam. County Sanitary Code consisting of a discharge of sewage on the surface of the ground was found at 13 Pleasant Road, (T) Putnam Valley, TM # 83.72 -1 -36 by a representative of this Department on January 11, 2007. It is believed that you are responsible for correction of this condition. If you are not responsible, you are requested to notify immediately the inspector indicated above. Please be advised that appropriate steps must be taken immediately in order that the sewage overflow cease by arranging for the septic tank to be pumped out ai, j maintained pumped until the proper repairs are made to the system. Approval of proposed repairs must be obtained from this Department prior to any alteration or rebuilding of existing disposal systems. An application is enclosed. Failure to maintain the septic tank pumped out and further, to correct this condition by February 5, 2007 will make you liable for additional penalties provided by law, including prosecution on a charge of committing a violation punishable by a fine or imprisonment, or both such fine and imprisonment, as prescribed by law, in addition to such.other actions as may be prescribed. A re.inspeetion wiii be It is sincerely hoped that the above - mentioned further action will not be necessary and that you will cooperate by securing the correction of this condition. For the Commissioner of Health Very truly yours, Sherlita Amler, M.D. Commissioner of Health By: Sha Rogan Public Health Sanitarian SR:kly Enc: Permit Application cc: BI (T) Putnam Valley MAB Environmental Health (845) 278 -6130 Fax (845) 278 -7921 Water Supply Section (845) 225 -5186 Fax (845) 225 -5418 Nursing Services (845) 278 -6558 Fax (845) 278 -6026 WIC (845) 278 -6678 Nursing Home Care Fax (845) 278 -6085 Early Intervention/Preschool (845) 278 -6014 Fax (845) 278 -6648 F imAwl UUUN I -Y HEALTH DEPARTMENT ' DIVISION OF ENVIRONMENTAL HEALTH SERVICES PROPOSAL FOR SEWAGE DISPOSAL SYSTEM REPAIR YES IVO�� � Internal_,Uae On�u. LJ Repair Permit issued in last 5 years ❑ ❑ Repair within Boyd's Comers, W. Branch or Croton Falls Res. ❑ ❑ Repair within 200 ft of a watercourse or DEC - mapped wetland ❑ Not in Watershed ❑ Delegated ❑ Joint Review SITE LOCATION a j p TM # OWNER'S NAME � �'r� �5 o PHONE # D� 3 MAILING ADC APPLICANT Name & Relationship (i.e., owner, tenant, contractor) DATE Z'� %- d 7 FACILITY TYPE esrtit3��ig j PCHD COMPLAINT # PROPOSED INSTALLER b K CO 17S n C PHONE # �/J 7�" S^ Q �D ADDRESS 2 t/ 6 6 l,( C +S /7 p / / G � Vd REGISTRATION /LICENSE # P Proposal (include a separate sketch locating the house, property lines, all adjacent wells within 200 feet of repair and the location of existing and proposed trenches) NOTE: Repair must be in same location and of same type as original sewage disposal system. Different location and proposed pump systems will require submittal of proposal from licensed professional engineer or registered architect. b. Site Street Name, Town and Tax Map number c. Location of installed components tied to two fixed points d. System description (e.g., 1250 gal. Concrete septic tank, etc.) e. Installers' name and phone number 3. System repair to be performed in accordance with the above proposal and conditio Proposal Approved r Proposal Denied �Spector's Signature & Title Date COPIES: White (PCHD); Yellow (Town 61); Pink (Installer), Orange (Applicant) PC -RP 99ML Rev. 8/05 c4dop� c /3 C4 s A r. C) tA� Complaint Information Log # 05-07-19 Complaint Received 115/07 Received By Martin, Linda Rcvd via Telephone h,_Shawn` -%0Vf"PjqX111G41L IMaUll n Anonymous FirstJOHN Address City PUTNAM VALLEY Last ALLEN BI (T)PV State Zip Phone 846-526-2377 Origin/Source DENISCO/DEFELLIPPIS Address 13 PLEASANT RD. Phone 845-528-2132 Location Town of PUTNAM VALLEY Operation Type Complaints not associated with a eHIPS; Facility Category A condition, action, activity, place or area that is am a nHUIIJat Complaint-General Facility Address Sub-LHU Risk Level No risk assigned -Complaint Nature of Sewage exposure Complaint Resolved Date 2120107 Complaint Status Resolved Description ActionTaken SEPTIC LEAKING SEPTIC AREA OBSSERVED LEAKING BY J. PARAVATI 115/07 1118/07-PER J. PARAVATI, OWNER HAS CONTRACTED WIHEKLA CONSTRCTION TO REPAIR SYSTEM. APPT. 00 DYE TEST MAKE FOR 3:OOP.M. ON 1/10/07 1/10/07 -DYE TESTED. FIRST FLOOR :BATHROOM... D'8Y-01iVNE_RS_A'N_D VERIFIED BY B. HEDGES. 1/12107-NOV PREPARED I/116107-NOV MAILED 1123107-RECEIVED CALL FROM TINA OEFELLIPPIS SUBMITTING REPAIR PERMIT VIA MAIL TODAY - HEKLA IS PROPOSED CONTRACTER. R-024-07 APPROVED, BUT ENGINEERS (J. PARAVATI) WANT TO OBSERVE DTH PRIOR TO CONSTRUCTION 2/61071. DIGIT TO WITNESS DTH'S REPAIR PERMTI MODIFIED DUE TO DEPTH OF SOIL APPROVED AS MODIFIED FOR SHALLOW GALLIES. - 2113107-REPAIR INSEPCTED AND COMPLETE - INSPECTED BY JOE DIGIT 1 Date Printed May 04, 2011 Sheet of 2, ao PUTNAM COUNTY DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH SERVICES 0. FIELD ACT1V.1TYREPORT-'- -Te TP _h AD R E S.S. 'Al Street U47o vn 5tate Zip PERSON IN CHARGE nR TNTFR VTFWFD . Date;_ Name pd Title TYPE OF FACILITY I WIle Signatur&d Utl e RFPORT RF('-F.TVFT) EY• I acknowledge receipt of this report: SIGNATURE: 02/96 Title: Rev. G _.MIMA PUTNAM COUNTY HEALTH DEPARTMENT DIVISION OF ENVIRONMENTAL HEALTH SERVICES SEWAGE DISPOSAL ZY-ST'EM RED YES N® Internal Use Only ❑ Repair Permit Issued In last 5 years ❑ Not In Watershed ❑ ❑ Repair within Boyd's Corners, W. Branch or Crotdn Falls Res. ❑ Delegated ❑ ❑ Repair within 200 ft. of a watercourse or DEC - manned wetland ❑ Joint Review SITE LOCATION 13' lzy- e� OWNER'S NAME �7N� i�„P�tf Of�a I / MAILING ADDRESS l 3 ��fui,��/r� 1��ec el %/Its¢. <I ,G TM # PHONE # APPLICANT _ &; /-t,— i� 0 Name & Relationship (i.e., owner, tenant, contractor) DATE Z-71-67 FACILITY TYPE Ae-s" 7`ja ll PCHD COMPLAINT #� PROPOSED INSTALLER �b '� '� C 0 nS ✓ PHONE # t"/4_41y' S^ 6 ADDRESS 2 t/ 6 13 u C*S hollow O ?d REGISTRATION /LICENSE # Proposal (include a separate sketch locating the house, property lines, all adjacent wells within 200 feet of-repair and the location of existing and proposed trenches) NOTE: Repair must be In same location and of same type as original sewage disposal system. Different location and proposed pump systems will require submittal of proposal from licensed professional engineer or registered architect. b. Site Street Name, Town and Tax Map number c. Location of installed components tied to two fixed points d. System description (e.g., 1250 gal. Concrete septic tank, etc.) e. Installers' name and phone number 3. System repair to be performed In accordance with the above proposal and conditio Proposal Approved Proposal Denied 69* spector s Signature & Title /tc ; f.f f Date COPIES: White (PCHD); Yellow (Tdwn BI); Pink (Installer), Orange (Applicant) PC -RP 99ML Rev. 8/05 I Per our telephone conversation of this morning, attached please find a revised agreement in connection with the above referenced property. As we discussed, I have added a, new pa agr�ph 7. Again, please.have Ms. { LeFefiipis�azid lVls. i)ei isco rd' two'(2' 6xe6ufed copies of the Agreement and the executed general release, y together with their homeowner's policy insurance certificate. If you have any questions and/or comments, please do not hesitate to give me a call. - Andrew ANDREW W. NEGRO PUTNAM COUNTY DEPARTMENT OF LAW 48 Gleneida Avenue Carmel, New York 10512 Telephone: (84,5) 808 -1150 Ext. 49407 Facsimile: (845) 808 -1905 andrew.negro@putnamcoun y.gov a NOTICE: The information in this e-mail message and any attachments thereto have been sent by an attorney or his/her agent, and is or are intended to be confidential and for the use of only the individual or entity named above. The information may be protected by attorney /client privilege, work product immunity or other legal rules. If the reader of this message and any attachments thereto is not the intended recipient, you are notified that retention, dissemination, distribution or copying of this e-mail message or any attachments is strictly prohibited. Although this e-mail message (and any attachments) is believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, the intended recipient is responsible to ensure that it is virus free. 3 Andrew Negr From:. .. .- ,Andrew Negro rs aog. ... a; .- 'Meth esday, F'db!uary 29,`2012 4. 9'PM Vo: lisa yang (iisayang75 @gmail.com); Robert Morris Subject: 13 Pleasant Road, Town of Putnam Valley Attachments: D00O22912.pdf -- -- Original Message--- - From: scantomail fmailto :scantomail @putnamcounty.eovl tent: Wednesday, February 29, 2012 7:35 PM To: Andrew Negro Subject: Scanned from MFP -07130655 02/29/201216:34 Scanned from MFP -07130655. Date: 02/29/201216:34 Pages:30 Resolution:200x200 DPI Andrew Negro From:.. _ _ _. Andrew Neqro Sent: Wednesday, February 29, 2012 4:39 PM - To: lisa yang (lisayang75 @gmail.com); Robert Morris Subject: 13 Pleasant Road, Town of Putnam Valley Attachments: D00O22912.pdf - - --- Original Message---- - From: scantomail f mailto :scantomail @autnamcounty.eov -j ISent: Wednesday, February 29, 2012 7:35 PM To: Andrew Negro Subject: Scanned from MFP- 07130655 02/29/201216:34 Scanned from MFP -07130655. Date: 02/29/201216:34 Pages:30 Resolution:200x200 DPI 1 AGREEMENT THIS AGREEMENT made this l0 day of . / -e l LwlcA 20 /Z- between: The COUNTY OF PUTNAM, a municipal corporation of the State of New York, having offices at 40 Gleneida Avenue, Carmel, New York 10512 (hereinafter referred to as the "COUNTY "), d A M. DEFELIPPIS and ANGELA DEMSCO, residing at 13 Pleasant ��� r°��1� 037 r Road, a New York 1064) - hereinafter referred to as the « HOMEOWNER ). WHEREAS, the HOMEOWNER is the gnw er of a certain parcel of land designated and � Ake feeeS i II 1os37 described as 13 Pleasant Road, Pub New York. 1964% and further designated as Town of Putnam Valley Tax Map Number 83.72 -1 -36 (hereinafter the "PROPERTY"); and WHEREAS, the Subsurface Sewage Treatment System located at the PROPERTY is failing and requires immediate repair; and WHEREAS, the COUNTY is desirous of undertaking to have such repair work performed as shall be necessary to alleviate public health concerns and to resolve any /all legal _ liability. arising from the COUNTY's involvement. in connection with said Subsurface Sewage Treatment System; and WHEREAS, the HOMEOWNER wishes to cooperate with the COUNTY to resolve this matter, including granting permission to the COUNTY to enter upon the PROPERTY in connection with the performance of such repair work; NOW THEREFORE, in consideration of the mutual promises herinafter set forth, the parties agree as follows: 1. The HOMEOWNER hereby grants permission to the COUNTY, its representatives, agents, contractors, officers, employees and servants to enter upon the PROPERTY, for the purpose of performing such repair work to the Subsurface Sewage JENNIFER S. BUMGARNER _Gounty-,4-Uorney---- ANDREW W. NEGRO ROBERT A. NOAH Senior Deputy County Attorney It1 1 3,1111 11) a yok A Ms. Tina M. Defelippis Ms. Angela Denisco 13 Pleasant Road Lake Peekskill, New York 10537 February 29, 2012 RIE: SSTS Agreement 13 Pleasant Road, Towa of Putnam Valley TM # 83.72-1-36 Dear Mses. Defelippis and Denisco: f ADRIENNE L. SPADACCINI —S, �n 4 W—D -ep-u ITC-5 -to- Allorney SANDRA M. FUSCO DANIELLE M. HARRIS Deputy County Attorney . Enclosed for your records, please find a fully executed copy of the above referenced agreement. Please be advised that Robert Morris, Director of Environmental Health will be contacting you shortly to coordinate the performance of the subject repair work by Arrow Excavating, Inc. If you have any further questions, please feel free to give me a call. AWN:awn Enc. cc: Robert Morris, PE Director of Environmental Health Via email Lisa Yang, Esq. Via e-mail: lisayang75@gmail.com 48 GLENEIDA AVENUES CARMEL9 NEW YORK 10512 Tel. (845) 808-1150 / Fax (845) 808-1903* *This office will not accept service via facsimile Andrew Negro From: Ilsa_ypng <lisaya9g75 @gmail.com> �:];Jionday, Februwi'y 17; 201 f): ' PINI . , r. _: c .,. z. w Q .G. ✓� . c To: Andrew Negro Subject: Re: 13 Pleasant Road, Putnam Valley, New York Thanks, Andrew. Pll pass along the information. Have a great evening, Lisa On Mon, Feb 27, 2012 at 3:45 PM, Andrew Negro < Andrew .NegroRputnamconntyny.gov> wrote: Hi Lisa, I just got the fully executed agreement back from the County Executive's office on this morning. I will be sending a copy to Tina and Angela for their records. The contract with Arrow Excavating has been prepared and sent to them for execution. When it is received back it will be signed by the County. At that point Robert Morris from the Health Department will contact Tina and Angela to coordinate the work. Once again, thanks for your cooperation. - Andrew Negro From: lira yang [mailto:llsayang75 grnail.coml. Sent: Monday, February 27, 2012 2:02 PM To: Andrew Negro Subject: Re: 13 Pleasant Road, Putnam Valley, New York Hi Andrew, I am following up on the status of the septic system work to be performed under the Agreement. Tina and Angela hand delivered the Agreement to your secretary on February 10, 2012; however, they have not heard anything since. I understand from our last conversation that the County wanted to take care of this right away. Do you have any sense when someone will make contact with Tina and Angela to discuss when the work will commence? I Thanks! r .. -.. ._ .�.. _. .. •rv� .. r �• r2•Vt...•0 .. . .. .• _. .._ " ��� ./ rr � ,I� - (/'- v ..J r Lisa On Wed, Feb g, 2012 at 9:30 AM, Andrew Negro < Andrew .Negro@putnamcountynv.gov> wrote: Hi Lisa, Thanks for the feedback and cooperation. - Andrew From: Lisa yang [mailto:lisayang75 ubcimail.coml Sent: Wednesday, February 08, 2012 9:13 AM Too Andrew Negro Subject: Re: 13 Pleasant Road, Putnam Valley, New York Good morning, Andrew. ise Agree `Tnnd nThanks •for torwafdiing the rev m gela will likely have. no problems with the added language. I will send the documents to them today. I imagine they will be able to provide you with the executed documents by weeks end. Thanks! Lisa On Tue, Feb 7, 2012 at 3:2 7 PM, Andrew Negro <Andrew.Negr9Aputnamcountyny gov> wrote: Dear Lisa, z _ . _Treatment System located thereon as the COUNTY deems necessary >.In-the COUN.TY's sole discretion, such repair work may include, but shall not be limited to: A) Excavation in front of foundation all the way to wall and below existing footing and backfill with clay to prevent sewage from leaching into basement. B) Install new 750 gallon concrete pump tank and new pump with alarm. Set all floats and connect to existing septic tank. C) Remove existing galleys and clean. D) Remove approximately 40 yards of material from septic area. E) Install and supply Approximately 40 yards of bankrun for new system. F) Install new 1 lh inch pvc force from pump to new junction box. G) Install new galleys in three rows approximately six feet apart with three new junction boxes. H) Backfill and grade. I) Replace existing gravel for driveway. J) Remove any extra fill from site. K) Electrical .connection for The COUNTY agrees to provide the HOMEOWNER with reasonable notice of its intent to be present on the PROPERTY. 2. The COUNTY covenants and agrees to repair and replace, in a good and workmanlike manner, any property of the OWNER outside of the area where such repair work is to be performed, which is damaged by the COUNTY, within a reasonable time after completion of the COUNTY's work, weather permitting. 3. The HOMEOWNER shall execute a separate General Release in favor of the COUNTY, in the form attached hereto as Exhibit "A". 4. The HOMEOWNER covenants and agrees to fully and forever release and discharge the COUNTY and any and all its officers, agents, servants, representatives or y emnlavees from any .and all glaims dei�nands,` nghts_ of, actian _or ca�?ses_ of ac tion, present or future, whether same be known or unknown, anticipated or unanticipated, resulting from the acts and/or omissions of the HOMEOWNER under this Agreement. 5. The HOMEOWNER covenants and agrees to forever refrain from instituting, prosecuting or maintaining any action, suit or proceeding, at law or otherwise, and from pressing, collecting or otherwise proceeding against the COUNTY or any officer, agent, servant, representative or employee of the COUNTY upon any claims, controversies, actions, causes of action, obligations or liabilities of any nature whatsoever, whether or not presently known, which the undersigned ever had, now has or hereafter can, shall or may have, or allege, based upon any negligence of whatsoever nature, ordinary or gross, whether or not presently known with respect to or arising out of or in connection with any personal injury, including death, or property damage resulting from the acts and/or omissions of the HOMEOWNER under this Agreement. 6. The HOMEOWNER covenants and agrees to defend, indemnify and save harmless the COUNTY and any and all its officers, agents, servants, representatives or employees from any and all claims, demands, rights of action or causes of action, present or future, whether same be known or unknown, anticipated or unanticipated, resulting from any cause whatsoever arising from the acts and/or omissions of the HOMEOWNER under this Agreement. 7. It is expressly understood and agreed that the COUNTY is not providing any warranties or guarantees with respect to the operation and/or performance of the newly repaired Subsurface Sewage Treatment System at the PROPERTY. g. The HOMEOWNER, at its sole cost and expense, shall maintain a current homeowner's insurance policy, including adequate liability coverage, during the term of this Agreement (A copy of said Certificate of Insurance is attached hereto as Exhibit "B "). : 9: : ?.ny._adall no:ces're.z�•ed.hereixr�i! :sllall,.he.dd*Pses�.:s inuted xicYeip,oa - to such other address as may hereafter be designated in writing by either party hereto. 10. If any part of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 11. This Agreement shall be construed in accordance with the laws of the State of New York, and constitutes the complete understanding and agreement of the parties. No modification or amendment of any of the provisions hereof shall be valid unless in writing and signed by all parties hereto. 12. This Agreement is executed in two (2) counterpart originals, each of which shall constitute an original and both of which, when taken together, shall constitute on Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and year first above written. APPROVED AS TO FORM: COUNTY OF PUTNAM: limi n ��� {"•Y�A� " p jd% Z4.4 e fer S. umgarner aryEllen Odell ! C ty Att rney County Executive GUS date 4/7 becca Wittenber ublic Health Director HOMEOWNER: /, /f� 11- ---... date 1 , 1 Z Tina M. DeFelippis (�-o date U/01j- Angela Denisco QT T )SS.: COUNJ�3f PUTNAM ) On the day o f �� NA 20 � before me the undersigned personally appeared MARYELLEN ®DELL onally known to me or proved to me on the basis of satisfactory evidence to the indivx al(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. N Public ANDREW W. NEGRO Notary Public, State of New York NO. 02NE6070549 Qualified in Putnam County Commission Expires March 4, 20 i STATE OF NEW YORK ) }SS.: COUNTY OF e � ( _._. ) ..f?n the'.. ,.= day =o£ - -� �. a : Y 20 � 1 before me five uin-je sigae-A person�.i appeared TINA M. DEFELIPPIS ersonally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuals), or the perso„ 4upon b9half of which the individual(s) acted, executed the instrument. Notary GREG R CANTON NOTARY PUBLIC -STATE OF NEW YORK No. O1 CA6223508 Qualified In Westchester County My Commission Expires June 14, 2014 STATE OF NEW YORK } )SS.: i COUNTY OF wQ e a( ) O n t h e G d a y of �4r r . 20 13 ,before me the undersigned personally appeared ANGELA DENISCO rsonally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose names) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the p"n upon InUf of whNch the individual(s) acted, executed the instrument. Notary GREG R CANTON NOTARY PUBLIC -STATE Of NEW YORK No. O1 CA6223508 Qualified in Westchester County My Commission Expires June 14, 2014 IMMIT "A" GENERAL RFMIEASIE. FOR AND IN CONSIDERATION of such good and valuable consideration, the receipt of which is hereby acknowledged, TINA M. DEFELIPPIS and ANGELA DEEAIISCO, release and discharge TEE COUNTY OF PUTiVAM, the Releasee, Releasee's heirs, executors, administrators, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the Releasee, the Releasor, Releasor's heirs, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may have for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this Release. Whenever the text hereof requires, the use of singular number shall include the appropriate plural number as the text of the within instrument may require. This Release may not be changed orally. UWE further state that the foregoing has been carefully read and Uwe know the contents thereof and have signed the same as my /our own free act and have not been influenced in making this settlement by any representation of the party or parties released. Executed on this day of Fe ✓ A ( c , 20 { �° TINA M. DEFE IPPIS ANGELA DENRCO STATE OF NEW YORK ) UQA� )SS. : COUNTY' OF i — } On the I Q day of kle .r _, 201a, before me the undersigned personally appeared TINA M. DEFELIPPIS, pe onally known to me or proved to me on the basis of satisfactory evidence to thevndividual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the indiwdual(s) acted. executed the instrument. Notary Pu C v GREG R NAC TON NOTARY PUBLIC -STATE OF NEW YORK No. O1 CA6223508 ®uoli4ied In Westchester County My Commission Expires June 14, 2014 STATE OF NEW YORK } )SS.. I COLINWOF On the day of 201, before me the undersigned personally appeared ANGELA DENISCO, pees nally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the indil4ual(s) acted, execu*d the, instrument. Notary GREG R CANTON NOTARY PUBLIC -STATE OF NEW YORK No. 01 CA6223508 Qualified In Westchester County My Commission Expires June )4, 2014 EXHIBIT "B" You're In good handy. QA11state. ... 251 -B Underhill five Yorktown Hghts NY 10598 7w7 r e information listed in the daratlons. all If you have any questions. cart pay your premium ur bill Is Issued - visit om or call 1. 800 - Allstate®. Tina Defelippis 13 Pleasant Rd Lk Peekskill NY 10537 -1028 A new policy period is about >mna erria$s. Cm pleased to once again offer you the opportunity to continue yoir Allstate Indemnity Company Deluxe Homeowners policy for another year. We appreciate your business and want to remind you that you're backed by:an expo ieaced Allstate team that's -ready to help you protect your family and your financial security. Youe..policy ducaaments.are inside. :�:s,►; . _. _ You1I find lis,ied'ori the enclused Policy Declarations your coverages, limits, deductibles, premiums, and any discounts you have. As you read these materials, it would be a good idea to consider whether anything needs updating. I'd be happy to help you make sure i6 your insurance keeps up with any changes in your life. (over) ``PROP'51000311111300020 82 OV II 008000 903594698 OY0 ago NY MCD21 -3 IIIII � �� ll� � �a8 ��tlal� t� � embtf80 2011 LtP253 Street �i 7oyvn State PERSON IN CHARGE QR TNTFRVTFWFT) Name a d Title TYPE OF FACILITY.:. �i ✓_ Ssu Zip //A-t4 //"/ SCC-1' W )E;Xno,.1.,r77(L-l' I �i r� Cx�11 iIL�'i �> C,!l . q� • r Signatur and •tl R_FPORT RFC:FTVRI) BY., I acknowledge receipt of this report: SIGNATURE; 02/96 Title; Rev. I v I re . t . . ......... 7, cz