The Edgartown board of health this week voted to fine and temporarily suspend the license of Maciel & Sons Septic Service.
The Edgartown board of health this week voted to fine and temporarily suspend the license of Maciel & Sons Septic Service after a billing dispute resulted in the company pumping septic waste back into a customer’s tank and leaching field.
The order came after about an hour of discussion at a meeting of the board of health Wednesday afternoon.
The punishment includes a 15-day suspension of the Vineyard Haven-based company’s on-site septic pumping license, as well as a $500 fine. The suspension does not include Maciel and Sons’ portable toilet pumping services.
“This is something that cannot happen again in the town of Edgartown,” Edgartown health agent Matt Poole said at the meeting.
Board of health members Meegan Lancaster, Garret Orazem and Chris Edwards voted unanimously for the license suspension.
Maciel & Sons is entitled to request a public hearing on the board of health order, according to Mr. Poole.
The incident dates to March 26, according to a summary of events provided by Mr. Poole at the meeting, when Maciel & Sons received a service call from a property located at 18 Mill Hill Road. The property is owned by Nicholas Bruno, according to assessor’s records.
According to a police report obtained by the Gazette and Mr. Poole’s summary, the company pumped between 5,800 and 5,900 gallons of septic waste from two 1,500-gallon tanks, one 1,000-gallon tank, and one 2,000-gallon leaching field on the property.
The police report was compiled by Edgartown officer Zach Townes.
After the pump-out, the waste was taken to the Edgartown wastewater facility and a facility in New Bedford, Mr. Poole said, and the property owners were sent an invoice for the service.
A billing dispute followed, in which the property owners inquired about the invoice and the quantity of the pump-out, making multiple calls to both the Edgartown board of health and Maciel & Sons.
Eight days later, on April 6, according to Mr. Poole and the police report, Trevor Maciel returned to the Bruno property and pumped approximately 2,000 gallons of septic waste back into the owners’ tank. The property owners then called the police and the board of health, according to the report, and Mr. Maciel halted the pump after police arrived.
At the meeting Wednesday, Mr. Poole said the incident constituted a violation of state codes that require septic discharge to go to a licensed facility. Trevor and Troy Maciel, as well as Mr. Bruno and his wife, Karen Liffmann, were present and provided testimony at the meeting.
“Nobody is denying that this event occurred,” Mr. Poole said. “I would like the board to consider this as a violation.”
According to Mr. Poole, a similar incident occurred with Maciel & Sons in 2018. Although that incident was resolved before a board of health order was issued, Mr. Poole said the more recent incident constituted a second violation from the same company — the only two such violations in his 24 years as a health agent.
“It is clearly not the way to do business,” Mr. Poole said. “And if those things continue to happen, it’s going to result in some sort of mishap, that is, you know, beyond repair — either environmentally, or from a human health perspective.”
During the meeting, Troy and Trevor Maciel criticized the board of health for indicating to the property owners that the bill might have been overcharged, while Mr. Bruno and Ms. Liffmann criticized the company for poor communication. Both sides provided extensive testimony regarding the bill dispute.
Edgartown police chief Bruce McNamee, who was also present at the meeting, said the matter was referred to the Cape and Islands district attorney’s office. The office determined that the incident should be resolved through the board of health, or civil court, Chief McNamee said.
After discussion, board of health members agreed that they did not want to revoke the company’s license due to its role as an essential service, but said they found it necessary to exercise punitive measures.
“It’s inappropriate, it’s wrong to put septage back into a septic system,” Mr. Orazem said. “We have to make it clear that that was the wrong thing to do.”
Ms. Lancaster suggested a fine and temporary suspension, allowing the company to continue its work on portable toilets.
“That sort of balances out the gravity of what occurred . . . and just serving as a good reminder for the company to not do this again,” she said.
Mr. Poole said in a follow-up email with the Gazette Thursday that he was confident Maciel & Sons had not returned to remove the septic that was reintroduced to the system, and that the bill remained unpaid.
Comments
Why don’t they just pay the
Jim EdgartownWhy don’t they just pay the bill??? I think it’s wrong what they did, but they should have paid the bill... come on
Read the article. He billed
DownislanderRead the article. He billed them for stuff they didnt ask him to do. And he charged them for disposing more gallons than their septic tank held. THATS WHY
They charged me $525. To
Debra polucci West TisburyThey charged me $525. To “locate” and dig a hole 3 feet deep. Total bill for 1500 gallons $5,300.00. Who has that kind of $$ hanging around. I got estimates from others for $2,000. After the fact!!
Is there competition for this
MarieIs there competition for this business on the Island? The fine and suspension seem insufficient
There is probably a couple
Tom OBThere is probably a couple dozen contractors if not more in the island
Has this been reported to the
Bruce EdgartownHas this been reported to the State DEP? Seems like the there must be some state environmental issues involved here.
Karma
Tom Cole EdgartownKarma
Stiff penalties?? How about
David EdgartownStiff penalties?? How about paying the bill??
You and I both know there are
Chris Vineyard HavenYou and I both know there are proper ways to deal with things, and replacing septic waste eight days later over a disputed bill is absolutely not the right thing to do. If they were confident that the bill was fair, they should have taken the customer to court like any businessperson in their right mind would do. Did you notice that this is the second time they’ve done this? Is this really better for them?
Sounds like this guy is a
Charlie Callahan So Boston/EdgartownSounds like this guy is a real piece of work
How...much...was...the...bill
Tim Bross Kirkwood, Mo.How...much...was...the...bill?
More than you pay in Missouri
Kitty Oak BluffsMore than you pay in Missouri.
HA
Michael OBHA
The company’s billing
Neighbor On islandThe company’s billing practices should be investigated. I had a similar billing issue with them when they pumped my septic recently. It felt like they tried to trick me into paying twice as much money. After arguing with them I just paid it, because they were so aggressive and I didn’t want to deal with it. But now I wonder how many other people are dealing with their questionable billing practices.
I have no sympathy for
no sympathy edgI have no sympathy for someone who does not pay their bill. If the homeowner wants to dispute the gallons pumped, they should have been there to watch.
“It’s inappropriate, it’s
Charlie“It’s inappropriate, it’s wrong to put septage back into a septic system,” Mr. Orazem said.
It's inappropriate and wrong mot to pay your damn bill." I said.
Well this is very unfortunate
Keith Edgartown -NYWell this is very unfortunate. Clearly Mr. Maceil should not have done what he did. But I do understand the frustration of not getting paid...
I hope they get paid and all move on...
As a business owner, I have
Anne EdgartownAs a business owner, I have seen many customers find any reason not to pay their bills. It is really unfair. Our only recourse is to go to court which costs us money and time. We all have families to feed and bills to pay too. Yes, perhaps he stepped over the line in returning the “product” in question, but the customer has responsibilities too.
I know someone who had
Jim Frazier TisburyI know someone who had difficulties with this company over, drumroll please… Fraudulent billing followed by belligerence and threats when the dubious billing was contested. Everyone saying “come on, pay your bills“ is ignorant of the reality of this company‘s practices.
Is clearly falls on the backs
Bob EdgartownIs clearly falls on the backs of Maciel and Sons. The island has plenty of these type of businesses where the feeling is you dare to dispute my bill I will come after you. Many companies on this island deliver bills with a few details as far as what work was accomplished only here’s the bill and You will pay it. It would’ve been nice to read somewhere with the septic company said they were sorry, they overreacted we had a bad day. Unfortunately the island is filled with trades companies that are so used to customers blindly paying bills that when one of them questions their bills they do not know how to react properly. The Board of Health acted fairly and did their job which is nice to see as the previous time they also should’ve been fine. Now to the homeowner pay your bill if it’s legitimate.
Did Maciel remove the waste
TAD ChappyDid Maciel remove the waste that he put back in there?
Maceil is a great company. I
Frank Edgartown -NYMaceil is a great company. I used there portable service in the past and pumping. Bunch of hard working good guys. The Bruno’s failed to pay them..
Back in the old days ... you know the story
I bet for every customer the
M West TisburyI bet for every customer the Maciels lost, they gained three. Who on earth is going to do any work for those homeowners now? They don't pay their bills - it's right here in black and white.
I will remember the name and
MarieI will remember the name and never do business with them.
Highly doubt that.
MK ChilmarkHighly doubt that.
Billing disputes are common in any business.
Who in their right mind would consider employing this company when there are alternative providers.
Thuggery and unethical work practices such as demonstrated here should never be tolerated.
None of the readers saying
Nicole Oak BluffsNone of the readers saying "just pay the bill" actually saw the bill or know the circumstances around it. Maybe the owners were quoted one price and then billed for something else. If this is the case, would any of you "just pay the bill"? My guess is no.
Sheeeeesh...
8A CharterSheeeeesh...
I think Matt Poole is doing
Tom EdgartownI think Matt Poole is doing the right thing here... he is very fair and honest guy. The Maceil’s are also good hard working guys. They wanted to get paid for heavens sake... The home owners should pay the bill and move on...
According to the article the
Peter Halperin West TisburyAccording to the article the retribution was exacted 8 days after the service. In the universe I’m familiar with paying an invoice within 30 days is considered on time. The customer should not be insulted with public accusations that they “did not pay their bill” eight days after service even if they had not disputed the bill. Comes across like they were punished for disputing the bill!
This is bad faith practices
Jim Frazier TisburyThis is bad faith practices on the part of the business, to gin up inflated numbers because you feel you have some abstract right to charge whatever you want and then demand payment with threats and belligerence when the customer raises reasonable questions. The chorus of “pay your bill” cronies are either ignorant or in on this type of scamming and dont want the gravy train to end.
I guess it really did hit the
Lorraine EdgartownI guess it really did hit the fan.
That’s one way to settle an
Bob EdgartownThat’s one way to settle an unpaid bill
This was a terrible thing to
Marie EdgartownThis was a terrible thing to have happen. Wow, I have sewage so I had no idea that pumping a septic system was so expensive. That is probably why many systems that should be pumped out regularly aren’t. Another reason for us as Islanders to promote town wide programs for sewage or increase lot sizes for large homes. The town will take care of this problem but we should all be wondering about the cost and ability for people to pay this kind of bill.
Sounds like the EPA should
Charlie Callahan So Boston/EdgartownSounds like the EPA should investigate.Who know what was in the slop he pumped back into this guys tank other than the usual disgusting stuff
Always get estimates from at
Ng TisburyAlways get estimates from at least 3 contractors. Though also, supply and demand, sometimes you pay more for immediate service, all prices go up in springtime when contractors are working 16h days and everyone wants it done before summer, and you're lucky to get anyone to show up. Except for when you don't pay... old school Vineyard justice doesn't fly any more though. Unpaid bill, I just take them to court. I always get paid.
I dont blame people asking
Ken Edg.I dont blame people asking about the bill. Believe it or not there are people here living on SS and find it especially hard since the federal reserve decided not to pay interest on savings anymore in 2008. This is scary.
I have been in trucking
Tom OBI have been in trucking/construction for over 50 years... The people who usually question a bill or sometimes don’t pay have the means to pay...the people who would pay me on time would sometimes barely scrape up enough to pay...
Just saying... I don’t know the Maceil’s but I can understand they’re frustration...
I feel bad for all involved..
Jose VHI feel bad for all involved... if they paid the bill we would not be here.
I cannot understand why
Colin Upper BrooksideI cannot understand why trespassing charges were not filed. The company returns uninvited ...pumps back in someone else waste and feels he had the right because of an unpaid bill...sounds like the scene in Chevy Chases movie Funny Farm!!! Would have loved to see what Judge Judy would have said.
Prefacing this statement with
Ted Island VisitorPrefacing this statement with I think the situation is pretty unfortunate -
But, does anyone else find at least a little bit of comedic value in this?
Claassic New Enland movie....
Colin Upper BrooksideClaassic New Enland movie.....we all need a great laugh
Yes Ted, grown men pumped
Roger S.Yes Ted, grown men pumped someone else's poop back into the customer's tank to punish them for not paying the bill. It's a funny and odd situation. What happened to the waste after it was pumped back in?? This story is sad, angry, and also comedic. And it's not over! Please keep us updated Vineyard Gazette.
Grateful of an exchange on
George Stein Oak BluffsGrateful of an exchange on view points. Sad to see no input on the actual need for the expansion of storage of peak times for sewage. I find it hard to believe the actual accumulation was the same as what was returned. The admission of the Vineyard Haven residential project further taxing the town's system capacity should be more than just an admission of an inflexible barrier being met rather quickly. Do we wait for the crisis stage for each town to arrive to address it ?
George, the DEP requires a
Planner Martha's VineyardGeorge, the DEP requires a plan of action if you reach a percentage of flow for a given period over 30 days. All of the down island towns are undergoing that process of making a plan to address their own wastewater needs.
We started using ‘Home
Wash ashore VHWe started using ‘Home Advisor’ to get our quotes with general contractors on the island. A lot less stressful and are happy with the quality and professionalism of trades people that show up to quote & take on the job. No added cost for use ‘Home Advisor’. We found it as a way to cover our behind.
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