Homeowner Rights

In 2016 a homeowner had a grinder pump failure that the town deemed was due to homeowner abuse. The homeowner knew that was not the case and made an effort to get the decision reversed. In the course of this effort he determined that there was no clearly defined policy to follow to appeal a decision.

Following the above efforts the SFA filed a complaint on 11/29/2018 to address the due process issue for homeowners charged with grinder pump repairs without recourse to due process. On November 29, 2018 the Sewer Fairness Alliance, Inc filed a complaint regarding due process. This civil lawsuit was settled through court sponsored mediation in April 2020.

We are very grateful to the many SFA members who contributed to help make this possible, and to Alan Rom who did the legal work on behalf of SFA pro bono, and to Dave Foley who provided the technical background in defense of the homeowner.

Complaint

Dave Foley on Town Talk

Dave Foley explains the complaint on Chelmsford's Town Talk.

Civil Lawsuit Documents:

Markham & SFA Complaint 11-29-2018
Exhibits for Markham & SFA Complaint 11-29-2018
SFA Press Release 12-04-2018
Press Coverage Lowell Sun 12-11-19
Press Coverage Chelmsford Independent 12-11-19

Town's Motion to Dismiss 01-10-19
Town's Memorandum in Support of Motion to Dismiss 01-10-19

Plaintiff's Memorandum in Opposition to Dismiss 02-08-19
Plaintiff's Affidavit of David Foley 02-08-19

Town's Motion to Strike Affidavit 2-11-2019

Plaintiffs' Opposition to Town's Motion to Strike 02-13-19

Judge Casper's Denial of Town's Motion to Dismiss 08-26-19
SFA Press Release 08-28-19
Press Coverage by Chelmsford Independent 08-29-19
Press Coverage by Lowell Sun 09-03-19
Press Coverage by Massachusetts Laywers Weekly 09-06-19

Town's answers to the Markham & SFA complaint 09-09-19

Joint Scheduling Statement 09-25-19
Judge Casper's Scheduling Order 09-30-19

Town adopts a Grinder Pump Appeals Policy 10-7-19
Town Grinder Pump Appeal Policy 10-7-19

Town adopts Revised Grinder Pump Appeals Policy 04-09-20
Town Grinder Pump Appeal Policy 04-09-20
SFA Press Release 04-13-20
Press Coverage by Chelmsford Independent Web Edition 04-15-20
Press Coverage by Chelmsford Independent Print Edition 04-17-20

To donate in support of homeowners' denied due process:

To Donate Online:

Or make checks payable to:
Sewer Fairness Alliance
c/o Alan Rom, Treasurer
14 Mansfield Dr
Chelmsford MA 01824

Grinder Pump System vs
Gravity Feed System

Grinder pump on individual property.

Pump house servicing homeowners with a gravity feed system.

A grinder pump is an appliance that is installed on the homeowner's property. Effluent is stored in a tank until it reaches 30 gallons of effluent. When that level is reached, the content of the tank is pumped to the street and then pushed into the gravity system.
Homeowners with gravity feed systems do not require pumps to feed into the sewer system.
At the beginning of the sewer project every effort was made to ensure homeowners could tie in with a gravity system. At the end of the sewer project many homeowners were forced to have grinder pumps as the system is less costly to install.

Website, Pat McGahan,
patricia.mcgahan01@gmail.com
413-337-4078, 978-987-6899

Group Email
SFA-Chelmsford@GoogleGroups.com