Bryan Cohen Mar. 6, 2014, 3:27pm

BOSTON (Legal Newsline) - Massachusetts Attorney General Martha Coakley announced a lawsuit on Tuesday against the owner of a Sudbury-based combined residential nursing and childcare center for allegedly failing to repair the facility's deteriorating septic system.

Roberta Henderson, the owner of the Sudbury Pines Extended Care Facility Inc. and Henderson Houses of America Inc., allegedly refused to construct a new sewage disposal system despite the continued failure of the system and recent overflows of untreated sewage to the facility's grounds. After a joint motion, a preliminary injunction was entered in court that requires Henderson to put interim measures in place to control the overflow of sewage.

"Despite repeated warnings to upgrade this septic system, this defendant has refused to comply with our environmental laws designed to protect the public and the environment," Coakley said. "We are committed to enforcing these laws to protect the health of the facility's staff, elderly residents, and children."

Henderson has allegedly known for years that the facility's septic system does not comply with environmental laws.

Madigan's lawsuit seeks civil penalties for the alleged violation of environmental laws and a court order to build a new sewage disposal system at the property. The preliminary injunction requires that Henderson regularly pump the septic tanks, allow monthly inspections and hire a licensed septic system installer to perform emergency repairs.

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