MADISON — Just as people may not discriminate against others because of their age, they may also not discriminate against old mobile homes, solving one long-standing problem at Hidden Acres Mobile Home Park.

But a second issue at the park on Maxim Street involving its balky sewage pump system has yet to be taken care of.

The town may not restrict the use of mobile homes in the park to newer ones, but must allow any that were manufactured after 1976, according to town attorney Neal Corson.

The recommendation by Corson to town officials, supported by state statute, ended a years-long debate about whether the town could force owner Tim Ames to comply with the property’s original plan that the park’s mobile homes must be new, previously unoccupied or unused.

A separate matter between the town and the mobile home park still stands: Have enough measures been put in place to prevent the sewage pump system from failing again and leaking sewage into Jones Brook?

The Maine Department of Environmental Protection has documented several malfunctions and overflows since 2007, according to a Feb. 13 agency notice. The most recent violations were reported by town, sanitary district and state staff in May and November.

The pump, which sends waste to the Anson-Madison Sanitary District, was supposed to activate a flashing light and alarm when there was a malfunction, but that didn’t always happen, said Brian Kavanah, director of the Division of Water Quality Management at the protection agency.

The goal is to prevent a sewage spill from happening again and, if it does, to catch it as soon as possible. The letter states Ames must also notify park staff in a timely manner of any pump station malfunctions.

Ames said the pump was repaired and someone visually checks it every day. If there is a problem, he said he has a master plumber and a pump team available to respond.

“If there’s been an issue, it’s been pretty isolated,” he said.

Kavanah said the department is evaluating Ames’ response plan for thoroughness and will decide whether the situation requires further monitoring.

“At this point I would hope we’ve got it resolved and it’s not going to happen again,” Kavanah said.

The waste apparently ran into a nearby wetland that flows into a small stream. It likely was not a threat to wells or drinking water, Kavanah said. Ames didn’t know the exact amount of overflow.

Berry said he would like to see the sanitary district take over the pump station, and Ames agreed.

But selectmen Chairman Bob Hagopian said at Monday’s selectmen meeting that he did not want the town to keep paying for a private pump system.

“Let him keep repairing it,” Hagopian said. “That’s his problem. He’s the owner.”

Berry replied, “It’s also a town problem if the overflow goes into Jones Brook.”

Hagopian said the town should fine Ames every time there’s a violation. Berry said assessing a penalty is not possible unless the town takes him to court.

“Then we take him to court,” Hagopian said.

The town is also negotiating with Ames to pave park roads and wants to include measures that require a performance bond or letter of credit from Ames to guarantee he finishes the paving by a set time.

Berry said the town should rely on the performance bond or letter of credit as opposed to the court system.

The mobile home park is licensed to have 54 mobile homes, but it only has 30, Ames said.

The dispute about older mobile homes stemmed from the 1987 design drawing of the property, which states that all manufactured homes must be new.

Berry said the town wanted newer homes installed for aesthetic and safety reasons.

Ames, however, did not adhere to the conditions listed on the plan, saying his homes met all state standards regardless of age.

“We wanted to be able to put homes in that people were willing to buy. The demand for park space for new homes is pretty much non-existent in central Maine,” he said.

The park gives people the option to rent to own. Tenants also pay to rent a lot.

“Under the law I have the right to put in homes all the way back to 1976, and they can’t stop me,” he said. Title 30-A, Chapter 187, Section 4358 — in addition to the town attorney — confirmed his statement.

Erin Rhoda — 612-2368

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