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HomeMy Public PortalAboutBOH6.2.21packetREWST _� o� oti �4aeiq e�F y - � VCn co Ce. 150 v Board of Health Penny= Holernan Annette Graczewski Joe Ford Jeannie Kampas Kimberly Crocker - Pearson Health Director Amy von Hone Assistant Health Director Sherrie McCulIough Senior Department Assistant Tannmi Mason Town of Brewster Board of Health. 27.98 Main St., Brewster, MA 02631 brhealth@brew,ster-nia.gov (508)896-3701 MEETING AGENDA Remote Participation Only June 2, 2021 at 7:OOPM This meeting will be conducted by remote participation pursuant to Governor Baker's March 2020 orders suspendingcertain Open Meeting Law provisions and imposing Ilmits on public gatherings. No In-person meeting attendance will be permitted. If the Town is unable to sive broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (i ivestream.brewster-ma.gov), or Video recording (tv.brews ter-ma.gov) Meetings may be joined by. 1, Phone. Call +1(929) 436.2866 or+1(253) 215-8782 or+1(346) 248-7799 or +1(669) 900-6833 Webinar ID: 892 2893 8785 Passcode: 315152 To request to speak: Press `9 and wait to be recognized 2. Zoom Webinar: https://us02web.zoom.us/i/89228938785?pwd=bXNSTENO Xhha1BTR2dOYUw1T2V37109 Enter password: 315152 To request to speak: Tap Zoom "Raise Hand" button or type "Chat" comment with your name and address, then wait to be recognized 1. Call to Order 2. Chairman's announcements 3. Citizens forum 4. Discuss & possibly approve Draft Tobacco Regulations 5. Discussion: Nitrogen Loading 6. Consent Agenda: a. Seasonal permits 7. Re -organization of the Board 8. Liaison reports 9. Matters not reasonably anticipated by the Chair 10. Next meeting: June 16, 2021 11. Informational items: a. Mass DEP Drinking Water Program annual informational email b. Monthly report for Wingate c. Monthly report for Wingate X Monthly report for Maplewood at Brewster e. Monthly report for Pleasant Bay Health & Living f. Email from Sarah McColgan Re: FDA Ban on Menthol Mean 12. Adjournment Date Posted: Date Revised: Received by Town Clerk: 5/26/2021 N:1H8a[th\l30H Agendas and Minutes and Remote Schedule\130H AgendasVune22I a.docx BREWSTER BOARD OF HEALTH REGULATION RESTRICTING THE SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS THIS REGULATION INCORPORATES THE FOLLOWING: 1. The minimum standards required pursuant to the United States Food and Drug Administration on the sale and distribution of cigarettes; and 2. - The minimum standards required pursuant to Massachusetts state law and regulation. This includes but is not limited to M.G.L. Chapter 270 regarding sales to those under the minimum legal sales age of 21, tobacco and vaping product sales including flavored products, required signage, matching definitions and other relevant state statutes and regulations, as of September 2020. A. Statement of Purpose: Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; Whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroine and the Surgeon General found that nicotine exposure during adolescence, a critical window for brain development, may have lasting adverse consequences for brain development,' and that it is addiction to nicotine that keeps youth smoking past adolescence; Whereas a Federal District Court found that Phillip Morris, RJ Reynolds and other leading cigarette manufacturers "spent billions of dollars every year on their marketing activities in order to encourage young people to try and then continue purchasing their cigarette products in order to provide the replacement smokers they need to survive" and that these companies were likely to continue targeting underage smokers5; Whereas more than 80 percent of all adult smokers begin smoking before the age of 18, more than 90 percent do so before leaving their teens, and more than 3.5 million middle and high school students smoke; Whereas cigars and cigarillos, can be sold in a single "dose;" enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy and alcohol flavors; and are popular among youth; I Centex' for Disease Control and Prevention, (CDC) (2012), Health Effects of Cigarette Smoking Fact Sheet. Retrieved from: http://www.cdc.gov/tobacco/data_statistice/fact_sheets/health_effects/effects_cig_smoking/index. htm. 'CDC (2010), How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease. Retrieved from: http://www.cdc.gov/tobacco/data—statistica/sgr/2010/, 3 U.S. Department of Health and Human Services. 2014. The Health Consequences of Smoking — 50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 122. Retrieved from: http://www.surgeongeneral.gov/library/ reports/ 50-years-of-progress/full-report.pdf. - 4 Id. at Executive Summary p. 13. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/exec- summary.pdf s United Statesy. Phillip Morris, Inc., RJ Reynolds Tobacco Co., et al., 449 F.Supp.2d I (D.D.C. 2006) at Par. 3301 and Pp. 1605-07. e SAMHSA, Calculated based on data in 201 I National Survey on Drug Use and Health and U. S. Department of Health and Human services (HHA). CDC (2009), Youth Risk Behavior, Surveillance Summaries (MMWR 2010: 59, 12, note 5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf. N:\HeaIth\Tobacco\Brewster Rep la tions\FinaI Tobacco 2021\FinaI Brewster Tobacco Regulations 05.25.21.docx Whereas research shows that increased cigar prices significantly decreased the probability of male adolescent cigar use and a 10% increase in cigar prices would reduce use by 3.4%8; Whereas 59% of high school smokers in Massachusetts have tried flavored cigarettes or flavored cigars and 25.6% of them are current flavored tobacco product users; 95.1 % of 12 — 17 year old's who smoked cigars reported smoking cigar brands that were flavored9; Whereas the Surgeon General found that exposure to tobacco marketing in stores and price discounting increase youth smoking1°; Whereas the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products are considered to be "starter" products that help establish smoking habits that can lead to long- term addiction) i; Whereas the U.S. Surgeon General recognized in his 2014 report that a complementary strategy to assist in eradicating tobacco -related death and disease is far.local governments to ban categories of products from retail sale i2, Whereas the U.S. Food and Drug Administration and the Tobacco Products Scientific Advisory Committee concluded that menthol flavored tobacco products increased nicotine dependence, decreased success in smoking cessation 13; Whereas menthol makes it easier for youth to initiate tobacco use 14; Whereas use of e -cigarettes among students in Massachusetts is 20.1%, representing.a 78% increase for high schoolers and a 48% increase for middle schoolers from 2017 -to 20 1815 ; Whereas the Massachusetts Department of Environmental Protection has classified liquid nicotine in any amount as an "acutely hazardous waste"16. 8 Ringel, J., Wasserman, J., & Andreyeva, T. (2005) Effects of Public Policy on Adolescents' Cigar Use: Evidence from the National Youth Tobacco Survey. American Journal of Public Health, 95(6), 995-998, doi: 10.21051AJPH,2003.030411 and cited in Cigar, Cigarillo and Little Cigar Use among Canadian Youth: Are We Underestimating the Magnitude of this Problem?, J. Prim. P. 2011, Aug: 32(3-4):161-70. Retrieved froze: www.nebi.nim.gov/pubmed/21809109. 9 Massachusetts Department of Public Health, 2015 Massachusetts Youth Health Survey (MMES); Delneve CD et al., Tab Control, March 2014: Preference for flavored cigar brands among youth, young adults and adults in the USA. 10 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and YoungAdults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 508-530, www.sur eon eneral. ovllibra lrewtsl reventin - outh-tobacco-use/ ull-re ort. d . 11 Food and Drug Administration. 2011. Fact Sheet:. Flavored Tobacco Products, Nnvw. da. ovldolsfralocrdslTobaccoProdlrctslProtectin Yids romTobacco/FlavoredTabaccolUCM183214. d; U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, iv►vw. srrrgeonzeneral.govllibrarylreports/preventing-}youth-tobacco-itself_ull-report. pdf ]x See fn. 3 at p. 85. 13www.fda.gov/downloads/ucm361598,pdf Https://tobacco,ucsf.edu/tpsac-gave-fda-what-it-needs-to-ban-menthol 14 www.tobaccofreekids.arg/assetslfactsheet/0390.pdf 25 MA YRBS 2017 16 310 CMR 30.136 N.\Health\Tobacco\Brewster Regulatlons\FinaI Tobacco 2021\FinaI Brewster Tobacco Regulations 05.25.21.docx Whereas according to the CDC's youth risk behavior surveillance system, the percentage of high school students in Massachusetts who reported the use of cigars within the past 30 days was 10.8% in 201317 Whereas data from the National Youth Tobacco Survey indicate that more than two-fifths of U.S. middle and high school smokers report using flavored little'cigars or flavored cigarettesi s; Whereas the Massachusetts Supreme Judicial Court has held that " ... [t]he right to engage in business must yield to the paramount right of government to protect the public health by any rational means"19. Whereas Communities that are densely populated with tobacco retailers make it easier for youths to obtain tobacco products. Also, because retail outlets are a key marketing channel for tobacco products, a high density of tobacco retailers in a neighborhood creates a concentration of tobacco marketing, meaning children, youth and adults living in those neighborhoods will be exposed to multiple environmental cues designed to encourage tobacco use. Whereas Studies have shown that youth who live and go to schools in neighborhoods with the highest density of tobacco outlets (or with the highest density of retail tobacco advertising) have higher smoking rates compared to youth who live, or attend school, in neighborhoods with fewer or no tobacco outlets. Whereas Studies have also shown that limitations on the number of tobacco retailers, combined with strong licensing requirements, has a positive effect on reducing youth smoking rates. Now, therefore it is the intention of the Brewster Board of Health to regulate the sale of tobacco products. B. Authority: This regulation is promulgated pursuant to the authority granted to the Brewster Board of Health by Massachusetts General Laws Chapter 111, Section 31 which states "Boards of health may make reasonable health regulations". C. Definitions: For the purpose of this regulation, the following words shall have the following meanings: Adult -Only Retail Tobacco Store (also known as "Retail Tobacco Store" in MGL Ch. 270): An establishment that does not share space with another business, that has a separate entrance, that does not sell food or alcohol, that does not have a restaurant license or lottery license, whose only purpose is to sell or offer for retail sale tobacco products and/or tobacco product paraphernalia, in which the entry of persons under the age of 21 is prohibited at all times, and which maintains a valid permit for the retail sale of tobacco products from the Brewster Board of Health and applicable state licenses. Entrance to the establishment must be secure so that access to the establishment is restricted to employees and to those 21 years or older. The establishment shall not allow anyone under the age of 21 to work at the establishment. 17 See fn. 7. 11 King BA, Tynan MA, Dube SR, et al. 2013. "Flavored -Little -Cigar and Flavored -Cigarette Use Among U.S. Middle and High School Students." Journal ofAdolescent Health. [Article in press], titryvvv.'aho»liiie.or marcle/51051-139X'02813%2900415- llabstract, 19 Druxik et al v. Board of Health of Haverhill, 324 Mass. 129 (1949). 3 N:\HeaIth\Tobacco\Brewster Re gu la tion s\F i n a I Tobacco 2021\Fina1 6rewster Tobacco Regulations 05.25.21.docx Blunt Wrap: Any flavored tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers regardless of any content. Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. Characterizing Flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product. Child -Resistant Package: Packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1740 et seq., pursuant to 15 U.S.C. 1471 through 1476. Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece, that is in a. readily usable state immediately when removed from its packaging without any modification, preparation or assembly required as in a kit or roll -your -own package, and is not otherwise defined as a cigarette under Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1. Tobacco leaf in such lits or roll -your -own packages shall be considered "blunt wraps" for the purpose of this regulation. Component Part: Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent. Constituent: Any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent. Coupon: Any card, paper, note, form, statement, ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price. Distinguishable: Perceivable by either the sense of smell or taste. Educational Institution: Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education. Employee: Any individual who perforins services for an employer. 4 NAH ea It h\Toba cco\ Brewster Reg u I at ions\F In a I Tobacco 2021\FinaI Brewster Tobacco Regulations 05.25.21.docx Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one (1) or more employees. Electronic Nicotine Delivery System: An electronic device, whether for one-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling fiom the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that "electronic nicotine delivery system" shall also include any noncombustible liquid or gel that is manufactured into a finished product for use'in such electronic device; provided further, that "electronic nicotine delivery system" shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that "electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold of prescribed exclusively for that approved purpose. Flavored Tobacco Product: Any tobacco product or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a Flavored Tobacco Product. Health Care Institution: An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 5.00. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices, optician/optometrist offices and dentist offices. Liquid Nicotine Container: A package from which nicotine or other substance in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold a soluble nicotine or other substance in any concentration; provided however, that "liquid nicotine container" shall not include a sealed, prefilled and disposable container of nicotine or other substance in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. Listed or Non -Discounted Price: The higher of the price listed for a tobacco product on its package or the price listed on any related shelving, posting, advertising or display at the place where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not included in the stated price, and before the application of any discounts or coupons. N.-\ H e a lth\Tob acco\Brewste r ReguIat! ons\FinaI Tobacco 202I\RnaI Brewste r Tobacco Regulations 05.25,21.docx Non -Residential Roll -Your -Own (RYO) Machine: A mechanical device made available for use (including to an individual who produces cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll -your -own tobacco solely for the individual's own personal consumption or use) that is capable of making cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely personal consumption are not Non - Residential RYO machines. Permit Holder: Any person engaged in the sale or distribution of tobacco products who applies for and receives a tobacco product sales permit or any person who is required to apply for a Tobacco Product Sales Permit pursuant to these regulations, or his or her business agent. Person: Any individual, firm, partnership, association, corporation, company or organization of any kind, including but not limited to, an owner, operator, manager, proprietor or person in charge of any establishment, business or retail store. Self -Service Display: Any display from which customers may select a tobacco product, as defined herein, without assistance frown an employee or store personnel. Schools. Public or private elementary or secondary schools. Smoke Constituent: Any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product. Smoking Bar: An establishment that: (i) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption.by customers on the premises; (ii) derives revenue from the sale of food, alcohol or other beverages that is incidental to the We of a tobacco product and prohibits entry to a person under 21 years of age; (iii) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (iv) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the Town of Brewster; and (v) maintains a valid permit issued by the department of revenue to operate as a smoking bar. "Smoking bar" shall include, but not be limited to, those establishments that are commonly known as "cigar bars", "hookah bars" and "nape bars". Tobacco Product Flavor Enhancer: Any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product. Tobacco Product: A product containing or made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any Other means including, but not limited to, cigarettes; cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that "tobacco product" shall also include any component, part or accessory of a tobacco product; and provided further, that "tobacco product" shall not include a product that has been approved by the United States NAH ea It h\Tob acco\Brewste r Reg u I ations\F i n a I Tobacco 2021\FinaI B rewste r Toba cco Regulations 05.25.21Aacx Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose. Vending Machine: Any automated or mechanical self-service device, which upon insertion of money, tokens or any other form of payment, dispenses or makes cigarettes or any other tobacco products, as defined herein. D. Tobacco Sales to Persons Under Twenty -One (21) Years Old: 1. No person shall sell, offer for sale or provide a tobacco product to a person under twenty-one (21) years old. 2. Required Signage: a. All retail establishments, including smoking bars and adult -only retail tobacco stores, shall conspicuously post signage inside the establishment, in the form developed and made available by the Massachusetts Department of Public Health. Such signage shall include: (i) a copy of M.G.L. c. 270, §§ 6 and 6A; (ii) referral information for smoking cessation resources; (iii) a statement that sale of tobacco products, including e -cigarettes, to someone younger than 21 years of age is prohibited; (iv) health warnings associated with using electronic nicotine delivery systems; and (v) except in the case of smoking bars, notice to consumers that the sale of flavored electronic nicotine systems are prohibited at all times. Such signage shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less .than four feet or greater than nine feet from the floor. b. All smoking bars and adult -only retail tobacco stores shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall state that "No person younger than 21 years old is permitted on the premises at any time." All smoking bars and those adult -only retail tobacco stores that allow for onsite consumption of tobacco products shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall warn persons entering that smoking and vaping may be present on the premises, and provide information concerning the health risks associated with second hand smoke and the use of tobacco products, including electronic nicotine delivery systems. 3. Identification: Each person selling, offering for sale or distributing tobacco products, or admitting entrance into a smoking bar or adult -only retail tobacco store, shall first verify the age of the purchaser by means of a valid government -issued photographic identification containing the bearer's date of birth that the purchaser is 21 or older. 4. All retail sales of tobacco products, as defined herein, must be face-to-face between the seller and the buyer and occur at the permitted location. N:\H ealth\Tobacco\Brewster Regulations\FinaI Tobacco 2021\FinaI Brewster Tobacco Regulations 05.25.21.docx E. Tobacco Product Sales Permit: 1. No person shall sell, offer for sale or otherwise distribute tobacco products, as defined herein, within the Town of Brewster without first obtaining a Tobacco Product Sales Permit issued annually by the Brewster Board of Health. Only owners of establishments with a permanent, non-mobile location in Brewster are eligible to apply for a permit and sell tobacco products, as defined herein, at the specified location in Brewster. 2, As part of the Tobacco Product Sales Permit application process, the applicant will be provided with the Brewster regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco product sales regarding federal, state and local laws about the sale of tobacco and this regulation. 3. Each applicant who sells tobacco products is required to provide proof of current Tobacco Retailer Licenses issued by the Massachusetts Department of Revenue, when required by state law, before a Tobacco Product Sales Permit can be issued. Applicant may be asked to provide evidence that a legitimate business transfer or business purchase has taken place. 4. A separate permit, displayed conspicuously, is required for each retail establishment selling tobacco products, as defined herein. The fee shall be determined by the Brewster Board of Health annually. 5. Issuance of a Tobacco Product Sales Permit. shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this regulation. 6. A Tobacco Product Sales Permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or the permit holder has not satisfied any outstanding permit suspensions. 7. A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco product to a person under the age of 21 three times within the previous permit year and the time period to appeal has expired or appeal is pending. The violator may request a hearing in accordance with subsection 6 of the Violations section. 8. Maximum Number of Tobacco Product Sales Permits. a. At any given time, there shall be no more than I I Tobacco Product Sales Permits issued in Brewster. No permit renewal will be denied based on the requirements of this subsection except any permit holder who has failed to renew his or her permit within thirty (30) days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a 0 N:\fiealth\Tohacco\Brewster Regulations\FlnalTobacco 2021\Final Brewster Tobacco Regulations 05.25.21,docx "first-come, first-served" basis as issued permits are either not renewed, revoked, or are returned to the Board of Health. b. At any given time, of the allowed Permit number in subsection (a) above, there shall be no more than 1 Tobacco Product Sales Permits issued to Adult -Only Retail Tobacco Stores, per the definition, in Brewster. No permit renewal will be denied based on the requirements of this subsection except any permit holder who has failed to renew his or her permit within thirty (30) days of expiration will be treated as a first-time permit applicant. c. Any Tobacco Product Sales Permits that are surrendered, not renewed or revoked, will be returned to the Board of Health and will be made available to new applicants on a first-come, first serve basis, provided that any permits surrendered, not renewed or revoked at a time when there are more permits than authorized by this section shall be permanently retired. d. Applicants who purchase or acquire an existing business that holds a valid Tobacco Product Sales Peimit at the time of the sale or acquisition of said business must apply within sixty (50) days of such sale or acquisition for the permit held by the Current Permit Holder if the Applicant intends to sell tobacco products, as defined herein. Such applicant may choose to apply for a Tobacco Product Sales Permit for an Adult -Only Retail Tobacco Store if the Current Permit Holder possessed the same or if a Tobacco Product Sales Permit for an Adult -Only Retail Tobacco Store is available per subsection (b). 9. Setbacks a. A Tobacco Product Sales Permit shall not be issued to any applicant for a new retail location within five hundred (500) feet of a public or private elementary or secondary school. b. No new adult -only retail tobacco stores shall be located within twenty-five (25) feet of a retailer with a tobacco product sales permit. c. For purposes of this section, distances shall be measured by a straight line from the nearest point of the property line of the applicant's proposed location to the nearest point of the property line of the other site. F. Prohibition of Smoking Bars: Smoking Bars are prohibited in the Town of Brewster. G. Cigar Sales Regulated: 1. No person shall sell or distribute or cause to be sold or distributed a single cigar unless such cigar is priced for retail sale at two dollars and fifty cents ($2.50) or more. 2. No person shall sell or distribute or cause to be sold or distributed any original factory -wrapped package of two or more cigars, unless such package is priced for retail sale at five dollars ($5,00) or more. 3. This Section shall not apply to a person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of Brewster. 9 NAHeaIth\Tobacco\Brewster Rep la tio n s\ F i n a I Tobacco 2021\FinaI Brewster Tobacco Regulations 05.25.21Aocx 4, The Brewster Board of Health may adjust from time to time the amounts specified in this Section to reflect changes in the applicable Consumer Price Index by amendment of this regulation. H. Sale of Flavored Tobacco Products Prohibited: No person shall possess, hold, keep, sell, offer for sale or distribute or cause to be possessed, held, kept, sold or distributed any flavored tobacco product, as defined herein, or any flavored tobacco product enhancer, as defined herein per 105CMR 665.010 (E). Manufacturers shall provide documentation certifying those products, sold by the retailer, that do not meet the definition of a flavored tobacco product flavor enhancer. 1. Nicotine Content in Electronic Nicotine Delivery Systems: No persona shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to adult -only retail tobacco stores Per 105 CMR 665.010(C), manufacturers shall provide documentation indicating the nicotine content of each of their products sold by the retailer, expressed as milligrams per milliliter. .1. Prohibition of the Sale of Flavored Blunt Wra s: No person or entity shall sell or distribute flavored blunt wraps in Brewster. K. Free Distribution and Coupon Redemption: No person shall: 1. Distribute or cause to be distributed, any free samples of tobacco products, as defined herein; 2. Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product, as defined herein, without charge or for less than the listed or non -discounted price; or 3. Sell a tobacco product, as defined herein, to consumers through any multi -pack discounts (e.g., "buy -two - get -ane -free") or otherwise provide or distribute to consumers any tobacco product, as defined herein, without charge or for less than the listed or non -discounted price in exchange for the purchase of any other tobacco product. L. Out -of -Package Sates: 1. The sale or distribution of tobacco products, as defined herein, in any form other than an original factory - wrapped package is prohibited, including the repackaging or dispensing of any tobacco product, as defined herein, for retail sale. No person may sell or cause to be sold or distribute or cause to be distributed any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. 10 N:\Hiaalth\Tobacco\Brewster Reg uIations\FinaI Tobacco 2021\FinaI B rewste r Tob a cco Regulations 05.25.21.docx 2. Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000, and must provide the Brewster Board of Health with a written plan for disposal of said product, including disposal plans for any breakage, spillage or expiration of the product. 3. All permit holders must comply with 940 CMR 21.05 which reads: "It shall be an unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid or gel substance in Massachusetts after March 15, 2016 unless the liquid or gel product is contained in a child -resistant package that, at a minimum, meets the standard for special packaging as set forth in 15 U.S. C.§§1471 through 1476 and 16 CFR §1700 et. Seq." 4. No permit holder shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer. M. Self -Service Displays: All self-service displays of tobacco products, as defined herein, are prohibited. All humidors including, but not limited to, walk-in humidors must be locked. N. Vending Machines: All vending machines containing tobacco products, as defined herein, are prohibited. O. Non -Residential Roll -Your -Own Machines: All Non -Residential Roll -Your -Own machines are prohibited. P. Prohibition of the Sale of Tobacco Products by Health Care Institutions: No health care institution located in Brewster shall sell or cause to be sold tobacco products, as defined herein. No retail establishment that operates or has a health care institution within it, such as a pharmacy, optician/optometrist or drug store, shall sell or cause to be sold tobacco products, as defined herein. Q. Prohibition of the Sale of Tobacco Products by Educational Institutions: No educational institution located in Brewster shall sell or cause to be sold tobacco products, as defined herein. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution. R. Incorporation of Other Laws and State Regulations: 11 N:\Health\Tobacco\Brewster Rep Iations\Final Tobacco 2021\FinaI Brewster Tobacco Regulations 05.25.21.docx The possession, sale and distribution of tobacco products as defined and regulated herein, shall comply with all applicable federal, state and local laws, including but not limited to the following: 1.. The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at M.G.L. Ch. 270, §§6, 6A, 7, 28, 29 and M.G.L. Ch. 112, §61A. 2. The sale or distribution of tobacco products, as defined defined herein, must comply with those provisions found at 940 CMR 21.00 ("Sale and Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices in Massachusetts") and 940 CMR 22.00 ("Sale and Distribution of Cigars in Massachusetts"), and 105 CMR 665.00 ("Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems"). In the event of a conflict between this regulation and any other applicable law, the more stringent requirement will apply. S. Enforcement : It shall be the responsibility of the establishment, permit holder and/or his or her business agent, and not their employees, to ensure compliance with all sections of this regulation. 2, Whoever violates any provision of this Regulation may be penalized by indictment or on complaint brought in a court of competent jurisdiction. Except as may be otherwise provided by law and as the court may see fit to impose, for violations of the sections of this regulation that incorporate state laws and state regulations, the following penalties apply: a. In the case of a first violation, a fine of one thousand dollars ($1000.00). b. In the case of a second violation within thirty-six (36) months of the date of the current violation, a fine of two thousand dollars ($2000.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days. c. In the case of three or more violations within a thirty-six (36) -month period, a fine of five thousand dollars ($5000.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for thirty (30) consecutive business days. 3. For violations of all other sections specific to the Town of Brewster, the violator shall receive: a. In the case of a first violation, a fine of one hundred dollars ($100.00). b. In the case of a second violation within thirty-six (36) months of the date of the current violation, a fine of two hundred dollars ($200.00) and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days. 12 N:\Health\Tobacco\Brewster Rep lations\FinaI Tobacco 2021\FinaI Brewster Tobacco Regulations 05.25.21Accx c. In the case of three or more violations within a thirty-six (36) -month period, a fine of three hundred dollars ($300.00) and the Tobacco Product Sales Permit shall be suspended for thirty (30) consecutive business days. d. The sections specific to the Town of Brewster include: 1. The maximum number of tobacco sales permits allowed in Brewster (§E.9); 2. No new retailers near schools (§E.9); 3, The prohibition of smoking bars (§F); 4. Minimum pricing on the sale of cigars (§G); 5. The prohibition of the sale of flavored blunt wraps (§J); 6. The prohibition of self-service displays (§M); 7. The prohibition of vending machines (§N); S. The prohibition of non-residential roil -your -awn machines (§O); 9. The prohibition of the sale of tobacco products in health care institutions (§P); and 10. The prohibition of the sale of tobacco products in educational institutions (§Q) e. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 4. The Board of Health may refuse to renew, modify, suspend or revoke any permit issued pursuant to this Regulation for any violation of this Regulation, or any other applicable General Law, regulation or by-law relative to the control of tobacco. The Board shall follow the following guidelines when considering disciplinary action: • First Offense: Written Warning • Second Offense: Permit Suspension of up to seven (7) days • Third Offense: Permit Suspension for up to thirty (30) days • Fourth or subsequent Offense: Permit revocation • Failure to Cooperate with Inspection: Permit Suspension for up to thirty (30) days • Distribution of Tobacco Products During Suspension: Additional Suspension of up to thirty (30) days Only offenses which have occurred within the twenty-four months thiLly-six (36) months preceding the date of violation shall be used in calculating the number of offenses for purposes of the penalty guidelines. 5, The Board of Health may enforce these Regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means. 6. The Brewster Board of Health shall provide notice of the intent to suspend or revoke a Tobacco Product 13 N-.\Health\Tobacco\Brewster Regulations\Final Tobacco 2021\Final Brewster Tobacco Regulations 05.25.21,docx Sales Permit, which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and the reasons therefor in writing. After a hearing, the Brewster Board of Health shall suspend or revoke the Tobacco Product Sales Permit if the Board of Health finds that a violation of this regulation occurred. All tobacco products, as defined herein, shall be removed from the retail establishment upon suspension or revocation of the Tobacco Product Sales Permit. Failure to remove all tobacco products, as defined herein, shall constitute a separate violation of this regulation. T. Non -Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non -criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21 D. If noncriminal disposition is elected, then the non -criminal fine for each such violation shall be: First Offense: one hundred dollars ($100); Second Offense: two hundred dollars ($200); Third and Subsequent Offense: three hundred dollars. ($300). U. Separate Violations: Each day any violation exists shall be deemed to be a separate offense. V. Enforceinent: Enforcement of this regulation shall be by the Brewster Board of Health or its designated agent(s). Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the Brewster Board of Health or its designated agent(s) and the Board shall investigate. W. Severability: If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. X. Effective Date: This regulation shall take effect on Board of Health 14 2021. N:\Health\Tobacco\Brewster Regulation s\FinaI Tobacco 2021\FinaI BrewsterTobacco Regulations 05.25.21.docx BREWSTIsR BOARD OF HEALTH REGULATION RESTRICTING THE SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS THIS REGULATION INCORPORATES THE FOLLOWING: 1. The minimum standards required pursuant to the United States Food and Drug Administration on the sale and distribution of cigarettes; and 2. The minimum standards required pursuant to Massachusetts state law and regulation. This includes but is not limited to M.G.L. Chapter 270 regarding sales to those under the minimum legal sales age of 21, tobacco and vaping product sales including flavored products, required signage, matching definitions and other relevant state statutes and regulations, as of September 2020. A. Statement of Purpose: Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat'; Whereas the U.S. Department of Health and human Services has concluded that nicotine is as addictive as cocaine or heroinz and the Surgeon General found that nicotine exposure during adolescence, a critical window for brain development, may have lasting adverse consequences for brain development,3 and that it is addiction to nicotine that keeps youth smoking past adolescence' ; Whereas a Federal District Court found that Phillip Morris, R! Reynolds and other leading cigarette manufacturers "spent billions of dollars every year on their marketing activities in order to encourage young people to try and then continue purchasing their cigarette products in order to provide the replacement smokers they need to survive" and that these companies were likely to continue targeting underage smokers5; Whereas more than 80 percent of all adult smokers begin smoking before the age of 18, more than 90 percent do so before leaving their teens, and more than 3.5 million middle and high school students smokes; Whereas cigars and cigarillos, can be sold in a single "dose;" enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy and alcohol flavors; and are popular among youth'; ° Center for Disease Control and Prevention, (CDC) {2012), Health Effects of0garette Smoking Fact Sheer. Retrieved from: llttp:llmvvv.ede.govltobaccoldata—statistice/fact_sheets/healilt_effectsleffects_cig smokinglindex. htm. 'CDC (2010), Han, Tobacco ,slake Causes Disease: the Biology and Behavioral Barisfor Sirzokiirg-Altrlbrrlable Disease. Retrieved from: http:llvmnv.edo.gov/tobacco/data_statisticslsgr/2010/. 3 U.S- Department of Health and Human Services- 2014. The Health Consequences of Smoking — 50 -Years ofPr'ogress: A Report of the &,,geon General- Atlanta: U.S- National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 122- Retrieved from: htip:litvtnv.stlrgeongeneral.govliibraryl reports) 50-years-of-progresslfull-repcrt.pdf. 4 Id. of Executive Summary P. 13. Retrieved from; http:l/wrvtv.surgeongeneral.gov/iibmy/reporW50-years-of-progresslexec- summary.pdf s United States v. Fbillip Morris Inc. RI Reynolds Tobacco Co. et , 449 F.Supp.2d 1 (D,D-C- 2006) at Par. 3301 and Pp. 1605-07. e SAMHSA, Calculated based on data in 2011 National Survey on Drug Use and Heaith and U. S. Department of Health and Human services (HHA). 9 CDC (2009), Youth Risk Behavior, Srnvetilance Summaries (MMWR 2010: 59, l2, note 5). Retrieved from: http: wtivw.cde-govlmmNvrfpdflss/ss 5905.pdf. N:V3eahh�Tcbacwlarew5ter Regulat5anAFbal Tobacw 202i�Final Brewster Tobacco Aegulat kens 05.25.21.docx Whereas research shows that increased cigar prices significantly decreased the probability of mate adolescent cigar use and a 10% increase in cigar prices would reduce use by 3.4%s; Whereas 59% of high school smokers in Massachusetts have tried flavored cigarettes or flavored cigars and 25.6% of thein are current flavored tobacco product users; 95.1 % of 12 — 17 year old's who smoked cigars reported smoking cigar brands that were tlavored9; Whereas the Surgeon General found that exposure to tobacco marketing in stores and price discounting'inerease youth smokingln; Whereas the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products are considered to be "starter" products that help establish smoking habits that can Iead to long- term addiction) I; Whereas the U.S. Surgeon General recognized in his 20I4 report that a complementary strategy to assist in eradicating tobacco -related death and disease is for local governments to ban categories of products from retail salel2; Whereas the U.S. Food and Drug Administration and the Tobacco Products Scientific Advisory Committee concluded that menthol flavored tobacco products increased nicotine dependence, decreased success in smoking cessation"; Whereas menthol makes it easier for youth to initiate tobacco useta; Whereas use of e -cigarettes among students in Massachusetts is 20.1%, representing a 78% increase for high schoolers and a 48% increase for middle schoolers from 2017 to 201815; Whereas the Massachusetts Department of Environmental Protection has classified liquid nicotine in any amount as an "acutely hazardous waste""; I Ringel, J., Wasserman, J., At Andreyeva, T. (205) Effects of Public Policy on Adolescents' Cigar Use: Evidence f vin the National Youth Tobacco Survey. American Journal of Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.03041 l and cited in Cigar; Cigardlo and Little Cigar Use among Canadian Youth: Are We Undemstlrnating fire Magnitude of tlris Problem?, J. Prim. P. 2011, Aug: 32(3-4):161-70. Retrieved from: www.nebi.nim•gov/ptibmed/21809109. 9 Massachusetts Department of Public Health, 2015 Massachusetts Youth Health Survey (MYHS); Delneve CD eta[-, Tob Control, March 2014: Preference for flavored cigar brands among youth, yaing adults and adults in the USA. 10 U.S. Department of Health and Human Services, 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 508-530, wwrw.surgeonxeneralgov Oran, YviNwts' reventin - luth-tobacco-user ill -re a7. rx Food and Drug Administration. 2011, Fact Sheet: Flavored Tobacco Products, wwu. cla. or ilatiti rrluarls Tnh a rtrdur .s rateerin KirLs r annrTobaeco:Tlm Dred/nbacco tl(: LFltl !7. d ; U.S. Department of Health and Human Services. 2012. Preventing 'Tobacco Use Among Youth and Young Adults. A Repoil of the Surgeon General. Atlanta: U.S. National Center for Chrcnic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, wwu%mirzeongeneral.eo v. hhr ary r eport.s pre vrnting vnuflr-lnharc n-te.re fu!!-nrpore.0 "See in. 3 at p. 85, i3 www.fda. on downloads u[m361598. df, Https-.//tobacco,vcsf.edu/tpsac-gave-fda-what-it-needs-to-ban-menthol 14 www.tobaccofreeklds.org/assets/factsheet/0390.pdf is MA YRBS 2017 16 310 CMR 30.136 WI akhNTobacco�Brewster RegulathnslFinal Tobac�o 2o21>Flnal Brewster Totiacw ftegubt kens 05.25.21.6xx Whereas according to the CDC's youth risk behavior surveillance system, the percentage of high school students in Massachusetts who reported the use of cigars within the past 30 days was 10.8% in 2013" Whereas data from the National Youth Tobacco Survey indicate that more than two-fifths of U.S. middle and high school smokers report using flavored little cigars or flavored cigarettes la; Whereas the Massachusetts Supreme Judicial Court has held that " ... [11 he right to engage in business must yield to the paramount right of government to protect the pubic health by any rational means" 19. Whereas Communities that are densely populated with tobacco retailers make it easier for youths to obtain tobacco products. Also. because retail outlets are a Kvy niarkcting channel for tobacco products. a high density of tobacco retailers in a neighborhood creates a concentration of tobacco marketing, meaning children. youth and adults I i v ing in those nei ghborhoods will be exposed to multi ple environmental cues desi gned to encourage tobacco use. Whereas Studies have shovm that youth who live and go to schools in neighborhoods with the highest densityof tobacco outlets or with the hi ghest dens it of retail tobacco advertising) have hi gher smoking rates cam )aced to youth who live or attend school. in neighborhoods with fewer or no tobacco outlets. Whereas Studies have also shown that limitations on the number of tobacco retailers. combined with stron I i cens ing reg uire men ts has a pasitive effect on reducin g youth smoking rates. Now, therefore it is the intention of the Brewster Board of Health to regulate the sale of tobacco products. B. Authority: This regulation is promulgated pursuant to the authority granted to the Brewster Board of Health by Massachusetts General Laws Chapter 111, Section 31 which states 'Boards of health may make reasonable health regulations". C. Definitions: For the purpose of this regulation, the following words shall have the following meanings Adult -Only Retail Tobacco Store (also known as "Retail Tobacco Store" in MGL Ch. 270): An establishment that does not share space with another business, that has a separate entrance, that does not sell food or alcohol, that does not have a restaurant license or lottery license, whose only purpose is to sell or offer for retail sale tobacco products and/or tobacco product p araphern a] ia, in which the entry of persons under the age of 2l is prohibited at all times, and which maintains a valid permit for the retail sale of tobacco products from the Brewster Board of Health and applicable state licenses. Entrance to the establishment must be secure so that access to the establishment is restricted to employees and to those 21 years or older. The establishment shall not allow anyone under the age of 21 to work at the establishment. "- - 17 ,5,, fn. 7. Is King HA, Tynan MA, Dube SR, et al. 2013. "Flavored -Little -Cigar and Flavared-Cigarette Use Among U.S. Middle and High School Students-" Journal ojAdolewent Heaflh. [Article in press], tvir".iukonlinc.arQ arricle.S10ja-139X%2613%2900415- 1 ah.srraer. 19 Drtai et al v. Board of Health of Haverhill, 324 Mass. 129 (1949). 3 N:1Neahh�Tcbacco\ rewster iiegulativn Rnal Tobacco 27211FinaI VFew to r Tobacco Regulatims 05.25.21.docz tl. ads..r.....�_..-_:eae4oeo of H _emil .._ with ,....I aeoe t [=3ales 00H ?k '---------- ----- — --------------------- --------------------- Blunt Wrap: Any flavored tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers regardless of any content.. Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. Characterizing Flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product, Child -Resistant Package: Packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1700 el seq., pursuant to 15 U.S.C. 1471 through 1476. Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece, that is in a readily usable state immediately when removed from its packaging without any modification, preparation or assembly required as in a kit or roll -your -awn package, and is not otherwise defined as a cigarette under Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1. Tobacco leaf in such kits or roll -your -own packages shall be considered "blunt wraps" for the purpose of this regulation. Component Part: Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent. Constituent: Any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent, Coupon: Any card, paper, note, form, statement, ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price, Distinguishable: Perceivable by either the sense of smell or taste. Educational Institution: Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education. N:�lleal[h�ToLacco�Brewster Regulationslrinal ro6atto 2f121�Ffnal2rewnter Tobacw Re�ylatlons 65-�5,�l.docX Commented [WC1]: [ suggsl IUCYIug this Wo Se[t[pai E Wow. Employee: Any individual who performs services for an employer. Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one (1) or more employees. Electronic Nicotine Delivery System: An electronic device, whether for one-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling Ervin the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that "electronic nicotine delivery system" shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that "electronic nicotine delivery system" shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that "electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose. Flavored Tobacco Product: Any tobacco product or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a Flavored Tobacco Product. Health Care Institution: An individual, partnership; association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 5.04. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices, opticianloptometrist offices and dentist offices. Liquid Nicotine Container: A package from which nicotine or other substance in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold a soluble nicotine or other substance in any concentration; provided however, that "liquid nicotine container" shall not include a sealed, prefilIed and disposable container of nicotine or other substance in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. Listed or Non -Discounted Price: The higher of the price listed for a tobacco product on its package or the price listed on any related shelving, posting, advertising or display at the place where the tobacco product is sold or N:�Health�TobaccG*ews[er Regula[imslFinal Tobago 2921\FInal Brmster Tobacco Regulaticns05.25.21.doa offered for sale plus all applicable taxes if such taxes are not included in the stated price, and before the application of any discounts or coupons. Non -Residential Roll -Your -Own (RYO) Machine: A mechanical device made available for use (including to an individual who produces cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll -your -own tobacco solely for the individual's own personal consumption or use) that is capable of making cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely personal consumption are not Non - Residential RYO machines.- Permit achines:Permit Holder: Any person engaged in the sale or distribution of tobacco products who applies for and receives a tobacco product sales permit or any person who is required to apply for a Tobacco Product Sales Permit pursuant to these regulations, or his or her business agent. Person: Any individual, firm, partnership, association, corporation, company or organization of any kind, including but not limited to, an owner, operator, manager, proprietor or person in charge of any establishment, business or retail store. Self -Service Display: Any display from which customers may select a tobacco product, as defined herein, without assistance from an employee or store personnel. Schools: Public or private elementary or secondary schools. Smoke Constituent: Any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product. Smoking Bar: An establishment that. (i) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises; (ii) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person under 21 years of age; (iii) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (iv) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the Town of Brewster; and (v) maintains a valid permit issued by the department of revenue to operate as a smoking bar. "Smoking bar" shall include, but not be limited to, those establishments that are commonly known as "cigar bars", "hookah bars" and "v ape bars". Tobacco Product Flavor Enhancer. Any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product. Tobacco Product: A product containing or made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, N:�Heakh�Tahacm�arews[er Reg�fetianslFlnalioha:xo 2Q21�Flial &ewsterrobawv Regulations �.2521.dotx however, that "tobacco product" shall also include any component, part or accessory of a tobacco product; and provided further, that "tobacco product" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose. Vending Machine: Any automated or mechanical self-service device, which upon insertion of money, tokens or any other form of payment, dispenses or makes cigarettes or any other tobacco pro duets, as defined herein. Il. Tobacco Sales to Persons Urider T►venty-One (Z 1) Years Old: 1. No person shall sell, offer for sale or provide a tobacco product to a person under twenty-one (21) years old 2. Required Signage: All retail establishments, including smoking bars and adult -only retail tobacco stores, shall conspicuously post signage inside the establishment, in the forin developed and made available by the Massachusetts Department of Public Health. Such signage shall include: (i) a copy of M.G.L. c. 270, §§ 5 and bA; (ii) referral information for smoking cessation resources; (iii) a statement that sale of tobacco products, including e -cigarettes, to someone younger than 21 years of age is probibited; (iv) health warnings associated with using electronic nicotine delivery systems; and (v) except in the case of. smoking bars, notice to consumers that the sale of flavored electronic nicotine systems are prohibited at all times. Such signage shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or. placed at a height of less than four feet or greater than nine feet from the floor. All smoking bars and adult -only retail tobacco stores shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall state that "No person younger than 21 years old is permitted on the premises at any time." c. All smoking bats and those adult -only retail tobacco stores that allow for onsite consumption of tobacco products shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall warn persons entering that smoking and vaping may be present on the premises, and provide information concerning the health risks associated with second hand smoke and the use of tobacco products, including electronic nicotine delivery systems. 3. Identification: Each person selling, offeringfor sale distributing tobacco products, or admitting entrance into a smoking bar or adult -only retail tobacco store, shall first verify the age of the purchaser by means of a valid government -issued photographic identification containing the bearer's date of birth that the purchaser is 21 or older. NAFIealth\Tobacco\Brewster Regulations\Final Tohacto 2021\F Leal Brewster TohAt ReRulat Ions 05.25.21.docx 4. All retail sales of tobacco products, as defined herein, must be face-to-face between the seller and the buyer and occur at the permitted location. E. Tobacco Product Sales Permit: 3. No person shall sell, offer for sale or otherwise distribute tobacco products, as defined herein, within the Town of Brewster without fust obtaining a Tobacco Product Sales Permit issued annually by the Brewster Board of Health. Only owners of establishments with a permanent, non-mobile location in Brewster are eligible to apply for a permit and sell tobacco products, as defined herein, at the specified location in Brewster. 2. As part of the Tobacco Product Sales Permit application process, the applicant will be provided with the Brewster regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco product sales regarding federal, state and focal laws about the sale of tobacco and this regulation. 3. Each applicant who sells tobacco products is required to provide proof of current Tobacco Retailer Licenses issued by the Massachusetts Department of Revenue, when required by state law, before a Tobacco Product Sales Permit can be issued. Applicant may be asked to provide evidence that a Iegitimate business transfer or business purchase has taken place. 4. A separate permit, displayed conspicuously, is required for each retail establishment selling tobacco products, as defined herein. The fee shall be determined by the Brewster Baard of Health annually. baeea outstanding pone - i.l^- ..mss roa :., �C,11� Commented 63C2 This isaddressedinsection9641-11. �„Rkies'ineur-red-hy-the-�rrwjous�e s -----------------.•-• C ]� 6-5.Issuance of a Tobacco Product Sales Permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this regulation. iL6.A Tobacco Product Sales Permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or the permit holder has -not satisfied any outs landing permit suspensions. 8-7.A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco product to a person under the age of 21 three times within the previous permit year and the time period to appeal has expired or appeal is pending. The violator in ay request a hearing in accordance with subsection 6 of the Violations section. 9-8,Maximum Number of Tobacco Product Sales Permits. H:IaeakhlTohaowlarevs[er RegulationslFinalTo4amo x121�Inal Brewster iohacco Regufatfons o5.25.21.doat At any given time, there shall be no more than i I Tobacco Product Sales Permits issued in. Brewster. No permit renewal wiII be denied based on the requirements of this subsection except any permit holder who has failed to renew his or her permit within thirty (3 0) days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a "first-come, first-served" basis as issued permits are either not renewed, revoked, or are returned to the Board of Health. bb.At any given time, of the allowed Permit number in subsection (a) above, there shall be no more than Tobacco Product Sales Permits issued to Adult -Only Retail Tobacco Stores, per the definition, in Brewster. No permit renewal will be denied based on the requirements of this subsection except any permit holder who has failed to renew his or her permit within thirty (3 0) days of expiration will be treated as a first-time permit applicant. c. Any_Tobacco Product Sales Permits that are surrendered, not renewed or revoked, will be returned to the Board of Health and will be made available to new applicants on a first-come first serve basisprovided that any _pennits surrendered not renewed or revoked at a time when there are more permits than authorized by this section shall be permanently retired. A Tobacco Product Sales Permit shall not be isstied to afty applicant feF a ew retail loeaiianwiihia fiN, nepses�r appliefl t'shi siRess p romis@s As of the effective .late of this gulatio , no new . dul! only retail tobaeco steFes shal I be lacaied wlihin twenty fi%,e (25) fee! of a retailer wifli a tobacco product sales peffiiitj ---------- — l}d jApplicantj who_purchase or acquire an existing_ business that holds a valid Tobacco Product Sales Permit commented IAV"3]: coned 1011er and nu berurder - ----- - ------------------------------------------------------------ at the time of the sale or acquisition of said business must apply within sixty (W0 days of such sale or acquisition for the permit held by the Current Permit Holder if the Applicant intends to sell tobacco products, as defined herein. Such applicant may choose to apply for a Tobacco Product Sales Permit for an Adult -Only Retail Tobacco Store if the Current Permit Holder possessed the same or if a Tobacco Product Sales Permit for an Adult -Only Retail Tobacco Store is available per subsection (b). R. Setbacks a. A Tobacco Produe[ Sales Penn it shall not be issued to any applicant for a new retail location within five hundred (500) feet of a public or private elementary or secondary school. b. No new adult -only retail tobacco stores shall be located within twenty-five (2 5) feet of a retailer with a tobacco product sales permit. c. For purposes of this section, distances shall be measured by a straight line from the nearest point of the property line oFthe applicant's proposed location to the nearest point of the property line of the other site. F. Prohibition of Smoking Bars: Smoking Bars are prohibited in the Town of Brewster - G. Cigar Sales Regulated: N:1Heaft ATohar \6rewster ltegrtationSlFlm I Tobacco 20211Fin a I Brewster Toha roe ReguWions 05.25.21.do 1. No person shall sell or distribute or cause to be sold or distributed a single cigar unless such cigar is priced for retail sale at two dollars and fifty cents ($2.50) or more. 2. No person shall sell or distribute or cause to be sold or distributed any original factory -wrapped package of two or more cigars, unless such package is priced for retail sale at five dollars ($5.00) or more. 3. This Section shall not apply to a person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of Brewster. 4, The Brewster Board of Health may adjust from time to time the amounts specified in this Section to reflect changes in the applicab] c Consumer Price Index by amendment of this regulation, N. Sale of Flavored Tobacco Products Prohibited: No person shall possess, hold, keep, sell, offer For sale or distribute or cause to be possessed, held, kept, sold or distributed any flavored tobacco product, as defined herein, or any flavored tobacco product enhancer, as defined herein per 105 CMR 665.010 (E). Manufacturers shall provide documentation certifying those products, sold by the retailer, that do not meet the definition of a flavored tobacco product flavor enhancer. 1. Nicotine Content in Electronic Nicotine Delivery Systems: No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to adult -only retail tobacco stores Per 105 CMR 665.010(C), manufacturers shall provide documentation indicating the nicotine content of each of their products sold by the retailer, expressed as milligrams per milliliter. J. Prohibition of the Sale of Flavored Blunt Wraps: No person or entity shall sell or distribute flavored blunt wraps in Brewster. K. Free Distribution and Coupon Redemption: No person shall: 1. Distribute or cause to be distributed, any free samples of tobacco products, as defined herein; 2. Accept or redeem, offer to acceptor redeem, or cause or hire any person to acceptor redeem or offer to accept or redeem any coupon that provides any tobacco product, as defined herein, without charge or for less than the listed or non -discounted price; or 10 H-lHeakh\TobatmtiRmmter Regulat ionslFinal Toho 2021\FInal 8r ster Tobacco Regu Cat io n s 05.25.21.da 3. Sella tobacco product, as defined herein, to consumers through any multi -pack discounts (e.g., "buy -two - get -one -free") of otherwise provide or distribute to consumers any tobacco product, as defined herein, without charge or for less than the listed or non -discounted price in exchange for the purchase of any other tobacco product. L. Out -of -Package Sales: 1. The sale or distribution of tobacco products, as defined herein, in any form other than an original factory - wrapped package is prohibited, including the repackaging or dispensing of any tobacco product, as defined herein, for retail sale. No person may sell or cause to be sold or distribute or cause to be distributed any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. 2. Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000, and must provide the Brewster Board of Health with a written pian for disposal of said product, including disposal plans for any breakage, spillage or expiration of the product. 3. All permit holders must comply with 940 CMR 21.05 which reads: "It shall be an unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid or gel substance in Massachusetts after March 15, 2016.unless the liquid or gel product is contained in a child -resistant package that, at a minimum, meets the standard for special packaging as set forth in 15 U.S. C.§§1471 through 1476 and 16 CFR §1700 et. Seq." 4. No permit holder shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer. M. Self -Service Displays: All self-service displays of tobacco products, as defined herein, are prohibited. All humidors including, but not limited to, walk-in humidors must be locked. N. Vending Machines: Ali vending machines containing tobacco products, as defined herein, are prohibited. ❑. Non -Residential Roll -Your -awn Machines: All Non -Residential Roll -Your -Own machines are prohibited. P. Prohibition of the Sale of Tobacco Products by Health Care Institutions: No health care institution located in Brewster shall sell or cause to be sold tobacco products, as defined herein. No retail establishment that operates or has a health care institution within it, such as a pharmacy, 11 N-�}leatth�To6acca�Erew;tes ReOatlans\Rml Tubaao 202I�Flial Brewster Tobw.co Regalat lens 05_25_21.dMx opticianioptometrist or drug store, shall sell or cause to be sold tobacco products, as defined herein Q. Prohibition of the Sale of Tobacco Products by Educational Institutions: No educational institution located in Brewster shall sell or cause to be sold tobacco products, as defined herein. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution. R. Incorporation of OthcrS4*te Laws and State Regulations: The possessiian, sale and distribution of tobacco products as defined and regulated herein shall comply with all applicable federal. state and local laws. including but not limited to the fat lowin 1. The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at M.G.L. Ch. 270, §§6,.6A, 7, 28, 29 and M.G.L. Ch. 112, §61A. 2. The sale or distribution of tobacco products, as defined defined herein, must comply with those provisions found at 940 CMR 2 1. 00 {"Sale and Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices in Massachusetts") and 940 CMR 22.00 ("Sale and Distribution of Cigars in Massachusetts" ). and ; 105 CMR 665,00 "Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems"). In the event of a conflict between this re12ulation and any other applicable Iaw, the more strip eg nt requirement will apply. S. Enforecment "'^',-, %flo''^m 1, It shall be the responsibility of the establishment, permit holder and/or his or her business agent, and not their employees, to ensure compliance with all sections of this regulation. 4-2.Whoever violates any provision of this Regulation may he penalized by indictment or on compiaint brought in a court of competent jurisdiction. Except as may be otherwise provided by law and as the court may see fit to impose, t or violations of the sections of this regulation that incorporate state laws and state regulations, the following penalties apply: a. In the case of a first violation, a fine of one thousand dollars ($1004.00). b. h1 the case of a second violation within thirty-six (36) months of the date of the current violation, a fine of two thousand dollars ($2{100.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days. 12 N:1HeakhlTv6accolEYevstcs Regulatlonslrl nal Tobawa 20211Final Brewster Tobaco Re�plat ions 65.25.2 Ld= c. In the case of three or more violations within a thirty-six (36) -month period, a fine of five thousand dollars ($5000.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for thirty (30) consecutive business days. 273. For violations of a]I other sections specific to the Town of Brewster, the violator shall receive: a. In the case of a first violation, a fine of one hundred dollars ($100.00). b. .In the case of a second violation within thirty-six (3 6) months of the date of the current violation, a fine of two hundred dollars ($200.00) and the Tobacco Product Sales Permit sbalI be suspended For seven (7) consecutive business days. c. In the case of three or more vialati ons within a thirty-six (36) -month period, a frie of three hundred do] Iars ($300.00) and the Tobacco Product Sales Permit shall be suspended for thirty (3 0) consecutive business days. d. The sections specific to the Town of Brewster include: L The maximum number of tobacco sales permits allowed in Brewster (§E.9); 2. No new retailers near schools (§E.9); 3. The prohibition of smoking bars (§F); 4. Minimum pricing on the sale of cigars (§G); 5. The prohibition of the sale of flavored blunt wraps (§J); 6. The prohibition of selF service displays (§M); 7. The prohibition of vending machines.(§Id); & The prohibition of non-residential roll -your -own machines (§0); 9, The prohibition of the sale of tobacco products in health care institutions (§P); and 10. The prohibition of the sale of tobacco products in educational institutions (§Q) c . Each day or poll ion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense• nen"'.. regulation Sales Permit fbi: thiFty (30) conseowive business days, 5. In .,dditio r.. rh.._o�eneliar , fine wt abeye aR ja it -holder "-ha-eng Ela ' ik-Br distFibution a 13 N:\H nitb�Tobatm\Bremter Reguiatroo&� lnaI Tobacco MI\FinaI Brewster Toba ao Regulations 65.25.21.doex 0 ssued permits for ihiFt�, (30) consecutive business days. MuRiple wimeee lwedae; sales pernii! suspensioRs shall no! be served eeneuFmntly. 4. The Board of Health may refuse to rene►v, mo d i fy, sus end or revoke any p ermit issued pursuan( to this Re 2 ulation for any violation of this Re ulation or any other a ficable General Law, re ulation orb -law relative to (lie control of tobacco. The Board shal l to]; ow the following gu_ideiines when cons iderins d_iscip_linary action: • First Offense: Written Warning • Second Offense: Permit Sitspension of up to seven 7 days • Third Offense: Permit Suspension for Lip to thirty (30) days • Fourth or subsequent Offense: Permit revocation •_,. Failure to Cooperate with Inspection: Permit Suspension for up to thirty (30) days • Distribution of Tobacco Products During Suspension: Additional Suspension of up to thirty 3{ a) days Only offenses which have occurred within the twenty-four months shiny -six (36) months_6ecedins the date ofcommented [AvH4]: C=mt local mgs Ipak bn&-peziod is 36 violation shall be used in calculating the nuinber of offenses for purposes of the pen alty_guidel ines . MonklS. �F The Board of I lealth may.enforce these Regulations or enjoin violations thereof through any la►vful • commented [AVn5]: Concclrwmherorder process. and the election of one remedy by the Board of Health shall not preclude enforcement throu han other lawful lneans. & The Brewster Board of Health shall provide notice of the intent to suspend or revoke a Tobacco Product Sales Permit, which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no -earlier than seven (7) days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and, shall be notified of the Board of Health's decision and the reasons therefor in writing. After a hearing, the Brewster Board of Heath shall suspend or revoke the Tobacco Product Sales Permit if the Board of Health finds that a violation of this regulation occurred. All tobacco products, as defined herein, shall be removed from the retail establishment upon suspension or revocation of the Tobacco Product Sales Permit. Failure to remove all tobacco products, as defined herein, shalI constitute a separate violation of this regulation, T. Non -Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non -criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D-1 f noncriminal disposition is elected, then the non -criminal flue for each such violation shall be: First Offense: one hundred do] lars1($ 00): Second Offense: two hundred dollars S200 : Third and Subse Quent Offense: three hundred do] lars$300 .whepe .,•we U. Separate Violations: 14 H:1HeaahlToha�rol6rewsterRegufatianslFSnalTohaua Zo2ilFinalFreiysterTobamoRebvlatlonsd5-25.21-docX Each day any violation exists shall be deemed to be a separate offense. V. Enforcement: Enforcement of this regulation shall be by the Brewster Board of Health or its designated agent (s). Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the Brewster Board of Health or its designated agent(s).and the Hoard shall investigate. W. Severability: If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. X. Effective nate: This regulation shall take effect on 2021. Board Of Health 15 H:�aaa Mh Tobaacc�Bre ter RegulaOanslFlnal TaWa 20211Ffnal Ummter Toba«o Rep lat fa ns 05.25.21.dax Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 &rhea Ith�)brexv ster-ma.gov WWW.BREWSTER-MA.GOV Brewster Board of Health - Nitrogen Loading Discussion June 2, 2021 Health Department Amy L. von Hone, R.S., C.H.D. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant 1. Goal —Reduction of excess nitrogen generated by septic systems, lawns, and stormwater that is negatively impacting our freshwater ponds, estuaries (Pleasant Bay), and sole source aquifer (primary drinking water supply). 2. Brewster initiated our Integrated Water Resource Management Plan (IWMRP) to address our water quality issues. Currently in Phase III of planning process. (2008 — present) a. Actively involved with Pleasant Bay Alliance (Brewster, Chatham, Harwich, Orleans) .b. Adoption of Iota! regulations and bylaws to regulate development to meet nitrogen loading levels i. Zoning — Water Quality Protection District (2008) ii. Zoning — District of Critical Planning Concern (2008) iii. BOH — Onsite Sewage Disposal System Variance Regulation (1989) iv. BOH — Draft Phosphorus Regulation (2016) c. BOH approval of I/A Technologies for septic variances in PSAs 3. Current Project— address housekeeping items in Zoning Bylaw (Sect. 179-53 Water Quality Protection District and DCPC) In-house staff: Planning, Health, DNR, Building, and Wastewater Consultant Zoning—currently addresses and limits nitrogen to 5 ppm i. Performance standards incorporate CC Commission Technical Bulletin 91-001 Nitrogen Loading, April 1992 Mathematical formula to calculate total nitrogen based on proposed project parameters 4. BOH and Health Department Role a. Health Department reviews septic design for nitrogen loading b. Health Department staff currently working with other departments to update and clarify zoning language c. Health Department and BOH to establish a policy to standardize parameters for nitrogen loading calculations for staff, project engineers and developers Compiled by: Amy von Hone, Health director N:1HeaIth\BOH Meeting Notes\Nitrogen Loading Discussion BOH Meeting06.02.2021.doc v' E c E �• S t �=A� p-o�rve�i�u4'�� � o W �� �z To uir N[aV CAl HE` Aill_jib Cl co 00N r M: d7 00N LD -� CL �V N LVA Z 2 LLI r) T M co CV g a L 4 O m CV O N Ci O C d G d M I W" 4'. ��ffiso i ,o d N� � �oinNm000 dhd� m a� 7z �' E_d'h��ryna 5 cbii a 111111m �1g1 �yanrA� c0 OR' w to 1_ d0 N CO 0 a, Q if a U -0 co N V^! 1 M IC140 ). 2 m 0 0 CO 0 0 �i�Tl�n/ IrG� X-1 - kJ�X § 179-57. Performance standards. [Amended 11-17•-2008 FYTM, Art. 17; 10-19-2009 FYTM, Art. 181 ` To preserve the natural land surface providing high-quality recharge to the groundwater, to limit sewage flow and fertilizer application to amounts which will be adequately diluted by natural recharge and to prevent the discharge or leakage of toxic or hazardous substances into the surface and groundwater resources, all new, altered or expended uses within Zone 1, Zone II and/or the DCPC area shall meet the following performance standards, in addition to those requirements imposed by this article or the Planning Board: A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area shall exceed a five -parts -per -million (ppm) nitrogen loading standard based on the methodology contained in the Cape Code Commission's Nitrogen Loading Technical Bulletin 91-001. The concentration of nitrate .nitrogen resulting from domestic wastewater disposal and from fertilizer application, when diluted by rainwater recharge on the lot, shall not exceed five parts per million (5 ppm). (1.) Compliance with this , standard is prespmed under the following conditions: For the purposes of calculating nitrogen generation, the following standards shall be used: (a) Nitrogen from dwelling units that use septic systems (assuming three persons per dwelling): 35 mg/l; (b) Nitrogen. from lawn fertilizers: two pounds per 1,000 square feet (25% leached); [Amended 11-18-2019 FYTM, Art. fi] . (c) Nitrogen in background precipitation: 0.05 mg/l, (d) Runoff from roads and ways: 1.50 mg/l; (e) Runoff from roofs: 0.75 mg/l. B. All toxic or hazardous materials shall be stored in product -tight containers, protected from corrosion, accidental damage or vandalism and shall be used and handled in such a. way as to prevent spillage with provisions for spill containment and cleanup procedures. In addition, commercial enterprises shall be required to maintain a product inventory and reconcile said inventory with purchase, use, sales and disposal records at sufficient intervals to detect product loss. Subsurface fuel and chemical storage facilities in compliance with local regulations and Massachusetts fire prevention regulations shall be deemed to be in compliance with this standard. t C. Notoxic or hazardous materials shall be present in waste disposed on the site. Waste composed in part or entirely of toxic or hazardous materials . shall be retained in product -tight containers for removal and disposal by a licensed scavenger From G Technical Bulletin 91-007 (FINAL) NITROGEN LOADING April, 1992 A Cape Cod Commission Water Resources Office 3225 Main Street P.D. Box 226 Barnstable, MA 62630 (508) 362-3828 Technical Bulletin 97-007 (FINAL) NITROGEN LOADING April, 1992 Prepared by Vater Resources Office Eduard M. Eichner. Water Resources PlannerlEnvironmental Scientist Thomas C. Cambareri Water Resources CoordinatorlHydrogeologist Armando J. Carbonell Executive Director Cape Cod Commission 3225 Main Street P.D. Box 226 Barnstable, MA 02630 (508)362-3828 Technical Bulletin 91.001 (FINAL) NITROGEN LOADING April, 1992 L�'ry A. INTRODUCTION The protection of groundwater resources on Cape Cod is crucial. The almost complete dependence of the population on groundwater as a drinking water supply was officially recognized by the US Environmental Protection Agency (USEPA) in 1982, when the Cape Cod aquifer was designated as a Sole Source Aquifer (47 FR 30282). Because the groundwater lenses of Cape Cod also re- ceive wastewater and stormwater discharges, introduction of contaminants needs to be monitored to ensure that the water remains safe for drinking water purposes. One of the primary contaminants of concern on Cape Cod is nitrate --nitrogen (NOs N). Nitrogen loading is important to monitor for several reasons. High drinking water nitrate -nitrogen levels have been shown to cause methemoglobinemia (a potentially lethal decreased ability of the blood to transport oxygen) in infants and have been correlated with progeny malformations (NRC, 1977; Dorsch, et a2., 1984). High NO3 N concentrations in groundwater have also been correlated with higher concentrations of regulated drinking water con- taminants, such as volatile organic compounds (VOCs) (Eckhardt, et al., 1986). However, the link of high nitrate levels to methemoglobinemia is the most well established and extensive research has led to the calculation of a 10 ppm NO3_Nconcentration as a "no -observed -adverse --effect level" (NOAEL) for most infants (NRC, 1977; Fan, et a1., 1987). In response to the concerns pointed out by research, the USEPA established an interim maximum contaminant limit [MCL) in drinking water of 10 ppm NOg N in 1975 (USEPA, 1975). This standard has been reproposed by the USEPA a number of times and is scheduled to be adopted permanently in July, 1992 (56 FR 3526). In addition, USEPA, based on recent research link- ing high nitrate concentrations to carcinogenic effects, has proposed that the Unreasonable Risk to Health (URTH) level for NO3 N be set at 10 ppm, along with additional monitoring requirements for public supply wells which ex- ceed 5 ppm NOs N (USEPA, 1990). Adoption of this proposed standard means that a well which exceeds the 10 ppm NO3-NMCL concentration - could not obtain a variance or an exemption and would be shut down. Water Resources Office Cape Cod Commission JTechnical Bulletin 99.001 (FINAL) NITROGEN LOADING April, 1992 The health concerns about nitrate are compounded by its environmental persistence; once it reaches groundwater, it isnot substantially removed by chemical reactions. In addition, most nitrogen introduced to aerobic subsur- face environments, such as those encountered in the unconfined aquifers of Cape Cod; is converted to nitrate. Thus nitrogen added to the groundwater system is not attenuated and concentrations can only be lowered by dilution or by limiting the nitrogen introduced to the system. A number of studies have attempted to quantify and understand nitrogen loading to groundwater systems. The Nassau -Suffolk Regional Planning Board (NSRPB) of Long Island ,.New York conducted extensive literature re- views and presented nitrogen loading levels from a number of sources, in- cluding wastewater, fertilizer applications, and domestic animals, as part of the Long Island Comprehensive Waste Treatment Management Plan (also known as the Long Island 208 study) (NSRPB, 1978). The forerunner of the Cape Cod Commission (CCC), the Cape Cod Planning and. Economic Development Commission (CCPEDC), developed a wastewater nitrogen loading methodol- ogy as part of the Draft Environmental impact Statement and Proposed 208 Water Quality Management Plan for Cape Cod (also known as the Cape Cod 208 study) (CCPEDC and U5EPA, 1978). In 1979, CCPEDC modified the methodology to also include nitrogen inputs from fertilizers (CCPEDC, 1979). A 1986 study of nitrate concentrations on Cape Cod found a significant positive correlation between nitrate concentrations in groundwater and housing density (Persky, 1986). In 1988, IEP Inc, presented a nitrogen loading model, as part of their contract to assess the water resources of the Town of Yarmouth, to attempt to understand the observed concentrations at two public supply wells (IEP, 1988). Also in 1988, Frimpter, of al, presented a detailed nitrogen loading methodology for determining nitrogen loading within zones of contribution (ZQCs) to public drinking water supply wells. In 1991, the Buzzards Bay (BBP) recommended nitrogen management actions, which involved a synthe- sis of the methods in many of the previous studies, for "nitrogen sensitive embayments" in their Comprehensive Conservation and Management Plan (CCMP) (LISEPA and MA EQER, 1991). Planning boards and boards of health in many of the towns on Cape Cod have adopted density restrictions, water quality report requirements for new developments, and nitrogen loading methodologies based on the information included in these studies. Nitrogen loading methodologies used on Cape Cod have based their conclu- sions and recommendations on various assumptions about nitrogen loading parameters (e.g., wastewater flows, nitrogen concentrations in wastewater, lawn sizes, etc.). As more research has been done and more papers have been published, a certain level of confusion has developed over which values and Water Resources Office 2 Cape Cud Commission JTechnical Bulletin 91.001 (FINAL) NITROGEN LOADING April, 1992 methods are the most proper to use when performing nitrogen loading calcu- lations. This bulletin presents the methodology which is used by the Water Resources Office (WRO) of the Cape Cod Commission to review Develop- ments of Regional Impact (DRIs) and to evaluate cumulative nitrogen loading to Water Resource Areas as described in the Regional Policy Plan (RPP) (Sec- tion 2.1). B. VALUES All nitrogen loading methodologies involve a certain number of assumptions. This methodology will assume that the recharge (e.g., wastewater, storm - water runoff, precipitation) and nitrogen sources (e.g., septic wastes, fertiliz- ers, nutrients in runoff) within the boundaries of the development site are well mixed prior to their mixing with the groundwater. While this assump- tion is not an accurate representation of actual contaminant plume behavior, it is an assumption which simplifies the nitrogen loading calculations and is appropriate in most cases where wastewater quantities are fairly low. An assumption is also made that no nitrogen is lost from the system once it is introduced to the groundwater. This assumption also is an approximation of actual nitrogen contamination behavior, but is appropriate in lieu of definitive research about the level of denitrification reactions at depth within the aqui- fers of Cape Cod. B.I. 5 ppm NO3-N A statistical analysis, conducted by Porter and presented in the Long Island 208 study, of 865 NO-Nobservations from 54 wells in Nassau County on Long Island attempts to establish how often the 10 ppm NO3 N USEPA MCL would be violated given a mean NO3-N concentration (NSRPB, 1978). Porter found that a well with a mean NO_Nconcentration of 6.0 ppm would violate the 10 ppm MCL 10% of the time. Additional analysis of the same observa- tions has indicated that a mean concentration of 3 ppm NO3-Nwill violate the MCL one time out of a hundred (1% of the time) (LIRPB, 1986). Based, in part, on Porter's work, the Long Island 208 study recommended that in areas that exceeded a 6 ppm NO_Nconcentration, sewering be undertaken to protect future drinking water supplies (NSRPB, 1978). Water Resources Office 3 Cape Cod Commission Terhnica[ Bulletin 91-409 (FINAL) NITROGEN LOADING April, 199$ After reviewing the Long Island 248 study, CCPEDC adopted a 5 ppm NOS N standard as a planning guideline (CCPEDC and USEPA, 1978). This concen- tration promises to keep violations of the USEPA MCL to less than one in 10 samples and "allows for a margin of safety during times of high loading with low recharge" (CCPEDC, 1979). Although the 5 ppm NO3--N guideline gives some level of protection to drink- ing water supplies, the level of protection afforded by this concentration may be inadequate to protect the ecosystems of nitrogen limited coastal embay- ments on Cape Cad. Nitrogen loading limits for recharge areas to embay- ments (Marine Water Recharge Areas in the RPP) are referred to as critical nitrogen loading rates, i.e., maximum annual loadings without producing negative ecosystem changes, such as eutrophication. Each embayment has a unique critical nitrogen loading rate, as determined by an analysis of.its morphology and tidal exchange or flushing rate. Although available ana- lyses of critical loading based on flushing rates within coastal recharge areas are not extensive, most have identified critical nitrogen loading rates, which when converted.to loading concentrations are less than the 5 ppm NO3--N guideline. K.V. Associates (1383) identified critical loading concentrations, of 1.5 and 8.5 ppm NO. -N -for Bournes Pond and Hamblin Pond, respectively, in Falmouth: Horsley Witten Hegemann (HWH) (1991) identified 3.68 ppm NO_Nas the critical loading concentration for Buttermilk Bay, and identified 3.8 and 2.0 ppm NOs N as the critical loading concentrations for Oyster Pond and Mill Pond, respectively, in Chatham (H'WH, 1990). The unique character- istics of nitrogen sensitive embayments will require additional studies, in- cluding flushing rate determinations, -to ascertain critical loading rates. The CCC WRO believes that the 5 ppm NO3-N guideline is appropriate for use on Cape Cod and will protect the largely undefined potential future water supply areas, private wells, and the small volume community and noncom- munity supply wells, and, in the absence of recharge area specific studies establishing critical nitrogen loading limits, will provide some protection for coastal resources. Lower NO3-Nloading rates based on flushing characteris- tics, will be necessary within the recharge areas to certain identified nitrogen sensitive embayments. B.Z. Sewage Flows and Concentrations In the Commonwealth of Massachusetts, wastewater systems are required to be designed based on wastewater flows in 310 CMR 15 Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, which is commonly referred to as "Title 5." The flow design criteria for wastewater disposal systems are pur- Water Resources Office 4 Cape Cod Commission ITechnical Bulletin 91-001 (FINAL) NITROGEN LOADING ---J April, 1992 posely inflated to ensure that the systems avoid hydraulic failure and "as- similate maximum daily flows" (310 CMR 15,02 (13)). For example, all bed- rooms are assumed to have two people per bedroom, with a resultant flow of 55 gallons per capita per day (gpcd) (310 CMR 15.02). In contrast, average residential wastewater flows found in a number of studies averaged approxi- mately 44 gpcd and occupancy levels found in a number of Cape Cod towns do not approach the two people per bedroom level (Bennett, et al., 1974; Witt, et a]., 1974; NSRPB, 1978; Cambareri, et al., 19$9; Bel£ft, et ai., 1990). In spite of the obvious overestimation of usual wastewater flows. Title 5 wastewater flows have been used for analysis of nitrogen loading in most cases, including the Cape Cod 208 study and the analysis presented in Frimpter, et A (1988). Nitrogen concentrations reaching groundwater have also been assumed at a variety of levels. The literature search conducted for the Long Island 208 study resulted in a conservative estimate of average per capita nitrogen load in wastewater of 10 pounds per year, with a concentration of 41 ppm nitrogen reaching the groundwater (NSRPB, 1978), The Cape Cod 208 study assumed a concentration of 35 ppm NO. -N reaching groundwater (CCPEDC and USEPA, 1978). A modeling effort conducted by IEP, Inc. in Yarmouth found that a calibrated concentration of 33.9 ppm NO3 N reaching groundwater produced the closest fit for historic nitrogen concentrations within a specified study area (IEP, 1988). The BBP in their CCMP and guidance documents is using a loading rate of 5.86 lbs/person/year (USEPA and MA EDEA, 1991; Costa et al., in preparation). Actual studies of leaching field concentrations have found different results depending on the soil characteristics, percolation rate, loading rate, distance to impervious strata, and the distance to the water table (Canter -and Knox, 1985). Andreoli, et al. (1979), in a study on Long Island, found that an average of 36% of total nitrogen applied to soil is removed after two feet of travel through sandy soil. Andreoli, et al, (1979) also found that nitrification (the conversion of ammonium to nitrate) occurs within 2-4 feet of vertical travel through the soil. A study by the Suffolk County Department of Health Ser- vices (SCDHS) found that nitrogen concentrations varied depending on the time of year and depth below the leaching field (SCDHS, 1983). Concentra- tions of total nitrogen varied between 15 and 49 ppm, with an average con- centration of 34.7 ppm (SCDHS, 1983). A recent study by Robertson, et a1. (1991) of two septic systems in sandy soils found NO3-N concentrations with- in the contaminant plumes averaging 33 and 39 ppm. Wastewater flows and expected nitrogen concentrations from nonresidential land uses have not been the subject of comparable research. Wastewater Water Resources Office 91 Cape Cod Commission Technical Bulletin 91.001 (FINAL) NITROGEN LOADING ^ 1 April, 1992 flows and nitrogen concentrations from other uses are more varied in charac- ter and quantity, even between similar uses. Frimpter, et aL (1988) has a more extensive list of flows from nonresidential uses than Title 5, but does not re- ference the additional flows. The same lists also have similar concentration ranges for both residential and nonresidential land uses (Frimpter, et al., 1988). Wastewater from facilities which have mostly black water (i.e-, toilet) flows tend to have higher. NO3-N concentrations because lower NO3--N grey water flows, i.e., sinks and showers, are not mixed in for dilution. The Yar- mouth Water Resources Protection ,Study model found that a calibrated nitrogen concentration of 59.8 ppm for wastewater flows from restaurants provided the best fit for historical nitrogen concentrations (IEP, 1988). Large corpora- tions, such as -McDonald's Corporation, with many similar facilities may have fairly accurate estimates of the expected flows from their facilities (P. Landry, McDonald's Corporation, 1991, oral communication). Although the staff of the WRO acknowledges that the Title 5 flows are, by design, overestimates of usual wastewater flows, these flows will be utilized by the WRO staff to calculate nitrogen loading. The inclusion of actual town occupancy levels in nitrogen loading calculations for residential develop- ments (see Section B.3.) will correct for some of the overestimation inherent in the use of these wastewater flows. Additionally, 35 ppm NOs N has his- torically been used by the staff of the WRO as the concentration of nitrogen reaching groundwater from septic systems. While this concentration may overestimate concentrations in certain cases, it is also probably an underesti- mation in others, especially in the case of most. commercial wastewater flows. The staff believes that the 35 ppm NO3-N concentration is an accurate number for all nitrogen loading calculations. B.3. Occupancy Rates As was stated in the Section 13.2., Title 5 assumes that each bedroom is occu- pied by two people. The Cape Cod 208 study of nitrogen loading assumed that each housing unit was occupied by three people (CCPEDC, 1979). Frimpter, et aL (1988) made no implicit assumptions about occupancy, but demonstration calculations and wastewater flows included in the paper are based on Title 5 flows. The WRO staff again acknowledges the overestimation inherent in the use of Title 5 flows for nitrogen loading analysis and, as such, requests that future nitrogen loading calculations on residential developments submitted for review include both Title 5 occupancy levels and occupancy levels based on Water Resources Office 6 Cape Cod Commission JTechnical Bulletin 91-OD1 (FINAL) NITROGEN LOADING April, 1992 the levels that exist in the town of the proposed development. Regulatory reviews of residential developments will use the mean of the two resulting nitrogen loading values. Nonresidential developments will continue to be reviewed based on Title 5 flows, unless substantial documentation of waste- water flows from similar land use can be presented to the staff. BA Lawns The Long Island 208 study conducted a survey of lawn fertilizer usage and lawn sizes in an attempt to understand potential nitrogen inputs from lawns. This survey, which contacted 460 households in 7 communities, found that rates of fertilizer application ranged between 1.70 and 3.75 lbs of nitrogen per 1,000 ft2 per year (NSRPB, 1978). The survey also found that fertilizer applica- tion rates were positively correlated with household income levels. Other research cited in the Long Island 208 study had found lawn nitrogen applica- tion rates between 2.2 and 3 lbs N/1,000 ft2/yr. The nitrogen loading calculations adopted by CCPEDC in 1979 included fertilizer inputs. Based on tables in the Long Island 208 study and consulta- tion with the Barnstable County Extension Service, CCPEDC selected 3 lbs N/1,000 ftz/yr as the appropriate fertilizer application rate for nitrogen load- ing calculations on Cape Cod (CCPEDC, 1979). Application rate surveys vary widely, depending on the population being surveyed. A study of four golf courses on Cape Cod found overall yearly application rates ranging between 1.7 and 3.1 lbs N/1,000 ft2/yr, with rates of up to 9.6 lbs N/1,000 ftz/yr for greens (Eichner and Cambareri, 1990). A survey of golf course turf managers cited in Petrovic (1989) found typical application rates ranged between 1 and 1.5 lbs N/1,000 ft2/yr. A lawn care consultant, who works extensively on Cape Cod, contacted for the Yarmouth Water Resources Protection Study typically applied 4.65 lbs N/ 1,000 ft' of lawn (IEP, 1988). However, the model developed for the same study calibrated to historical nitrate concentrations found a best fit with an annual application rate of 2.8 lbs N11,000 ft' and a leaching rate of 60%. Nitrogen leaching rates have been subject to more study than application rates. The Long Island 208 study presented tables with gross estimates of nitrogen leaching; based on gross_ estimates of nitrogen application and nitro- gen reaching groundwater, leaching rates of 55.5% and 60% were determined (NSRPB, 1978). CCPEDC apparently selected a 60% leaching rate based on the estimates in the Long Island 208 study. Water Resources Office 7 Cape Cod Commission JTechnical Bulletin 914001 (FINAL) NITROGEN LOADING APIA 1992 Research on golf courses over the last decade has provided some insights into actual nitrogen leaching rates. Brown, et aL (1982) fertilized bermudagrass at a rate of 3 lbs N/1,000 ft' of turf and found a leaching rate of 22%. Petrovic (1990) summarized 33 leaching studies conducted in sandy soil and found leaching rates which ranged between 0 and 56.1.°/x. Leaching rates vary with soil type, application rate, precipitation, temperature, turf type, and applied nitrogen forms. Average lawn sizes are also important to determine when application rates are presented in terms of pounds per unit area. The Long Island 208 study of application rates also included a section on lawn sizes, along with surveyors checks of a certain percentage of respondents. This survey found that lawn sizes were. fairly constant, averaging 36--40% of total lot size in all categories except extremely low and extremely high densities (NSRPB, 1978). CCPEDC recognized that comparable information was not available for Cape Cod and selected a standard size lawn of 5,000 ftz based on a lot size of between 10,000 and 15,000 ft' (CCPEDC, 1979). Lawn sizes averaged 4,350 ft' in a survey conducted for the Yarmouth Water Resources Protection Study (IEP, 1988), Historically, the WRO staff has used a fertilizer application rate of 3 lbs N/ 1,000 ft2/yr with a leaching rate of 60% off an average lawn of 5,000 ft'. The application rate and standard lawn size seem to be appropriate in light of the lack of definitive information. However, the research which has been done on leaching rates seems to indicate that the 60% leaching rate figure is too con- servative. Petrovic's work has indicated that controlled applications of fertil- izers on healthy turf can substantially reduce leaching rates, sometimes al- lowing no leaching. Although Petrovic's work indicates that a percentage lower than 60% can reasonably be, chosen,.the CCC WRO believes that the objective of protecting groundwater quality should be the main criteria when selecting a standard leaching rate. Therefore, the CCC WRO will use a leach- ing rate of 25% in all nitrogen loading analyses. This rate recognizes the results of most of the controlled leaching experiments summarized in Petrovic's work, while acknowledging that fertilizer is often applied to un- healthy turf in an uncontrolled fashion. In summary, future nitrogen loading calculations submitted to the CCC WRO should use an application rate of 3 lbs N/1,000 ft2/yr and a leaching rate of 25% off an average lawn area of 5,000 ft2. Water Resources Office a Cape Cod Commission Technical Bulletin 91-001 (FINAL) NITROGEN LOADING 1 April, 1992 B.5. Recharge Recharge from precipitation is the only way to dilute NO -N loading on an aquifer -wide basis and provides an important source of dilution for NO -N concentrations on smaller scales. Approximately 45% of annual precipitation on Cape Cod becomes recharge (LeBlanc, et al., 1986). The remainder is either transpired by plants or evaporates back to the atmosphere. Precipitation that falls on impervious surfaces (e.g., roofs, parking lots, roads) may be recharged to the water table at a much higher percentage. Two methods of analysis have been used to estimate the average recharge on Cape Cod. LeBlanc, et a1. (1986) used the Thornthwaite and Mather method, which is based largely on precipitation measurements, to calculate average recharge rates of 22 inches per year on western Cape Cod and 18 in/yr on eastern Cape Cod. Recharge at Otis Air Force Base has been estimated as 21 in/yr using the same method (LeBlanc, 1982). G. J. Larson of Michigan State University used a radioisotope method to estimate recharge in n.uro at be- tween 11 and 16 in/yr, while the Thornthwaite and Mather method calculated a recharge of between 17.3 and 19.4 in/yr. (Knott and Olimpio, 1986; Delaney and Cotton, 1972). Prior nitrogen loading methodologies have been based on conservative re- charge rates to ensure a margin of safety when determining concentrations. The original CCPEDC loading methodology assumed a recharge rate of 16 in/yr across all of Cape Cod (CCPEDC and USEPA, 1978). Subsequent load- ing formulas have also used the same recharge rate (CCPEDC, 1979; Frimp- ter, et al., 1988). The use of this value may be appropriately conservative for use in calculations on sites in eastern Cape Cod, but is certainly too conserva- tive for western Cape Cod. In consideration of the above studies and the wish to adopt appropriately conservative rates, the CCC WRO staff have decided to utilize the following recharge rates for natural and lawn areas in the following towns: 21 in/yr (Bourne, Falmouth); 19 in/yr (Mashpee, Sand- wich); 18 in/yr (Barnstable, Dennis, Yarmouth); 17 in/yr (Brewster, Harwich); 16 in/yr (Chatham, Orleans, Eastham, Wellfleet, Truro, Provincetown). The WRO staff considered not using recharge associated with wastewater flows in areas which receive drinking water supplies from private wells, because water is not imported from a public supply well. The public health concern of so called "short circuiting" between wells and septic systems is a more crucial concern than site specific nitrogen loading in these areas. The wastewater in private well areas is not recycled back to a supply well, but flows with the groundwater from its recharge point towards the groundwater Water Resources Office 9 Cape Cod Commission JTechnical Hullethi 91-001 (FINAL.) NITROGEN LOADING Api31,1992 discharge area. Thus, the private drinking water wells downgradient of num- erous wastewater recharge points may intercept the contaminant load from the upgradient contaminant sources. Therefore, proposed developments under CCC review in areas which receive drinking water from private wells will be reviewed based on both the documentation of no negative effects on the nearby private wells, as indicated by Section 2.1.1.3 of the Regional Policy Plan, and the nitrogen loading components of the Regional Policy Plan.. Frimpter, et aI (1988).introduced the concept of atmosphere nitrogen loading to calculations done on Cape Cod. Frimpter, et a1. (1988) assumed a concen- tration of 0.05 ppm NO -N for loading from precipitation to groundwater. This concentration was chosen based on analysis by the Barnstable County Health and Environmental Department of 5,559 groundwater samples from shallow private wells throughout Cape Cod between 1980 and 1986. Thirty - percent of these samples had concentrations of less than 0.05 mg NO -N/1, which was the detection limit for the analytical method used by the.labora- tory (Frimpter, et A, 1988). Literature reviews have established a range of 0.14-1.15 ppm NO -N for precipitation in the United States (Loehr, 1974). AA study of precipitation in Truro found an average NO -N concentration of 0.26 ppm (Frimpter, et A, 1988). Frimpter has proposed that nitrogen concentra- tions up to those found in Truro are removed by the soil zone prior to reach- ing the water table (M.H. Frimpter, 1991, oral communication). Nitrate - nitrogen concentrations in precipitation on Long Island from 1969 to 1974 ranged -between 0.33 and 0.67 ppm (NSRPB, 1978). Regardless of the concen- tration chosen for natural recharge, the nitrogen load from natural recharge is small enough in comparison to loading from wastewater and fertilizers to ignore it when performing nitrogen loading calculations on individual par - eels. By comparison, nitrogen loading off of impervious surfaces is more signifi- cant than natural loading. Howie and Waller (1-988) conducted a study of two highway runoff sites in Florida and found concentrations of 1.4 and 0.58 ppm total nitrogen reaching groundwater. IEP, Inc (1388) conducted a literature review of impervious surface runoff concentrations and found ranges of 0.41 to 1.75 ppm NO -N and 1.13 to 10 ppm total nitrogen. The calibration of the nitrogen loading model detailed in the Yarmouth Water Resources Protection Study produced values of 1.5 ppm N reaching groundwater in recharge off pavement and 0.75 ppm N in recharge off roofs (IEP, 1988). The values cho- sen in the Yarmouth Water Resources Protection Study are also used by the BBP in their nitrogen loading calculations (USEPA and MA EOEA, 1991; Costa, et al., in preparation). Water Resources Office 10 Cape Cod Commission ITechnical Bulletin 91-001 (FINAL) NITROGEN LOADING J April, 1998 - – Conventionally, previous nitrogen loading calculations performed by the CCC WRO staff have assumed that 90% of recharge off impervious surfaces and 40 in/yr reaches the groundwater. This percentage assumes that precipi- tation falls on Cape Cod at an average rate of 44.44 in/yr. Average amounts of precipitation have not been studied across Cape Cod. LeBlanc, et al. (1986) summarized National Oceanic and Atmospheric Administration (NOAA) weather station precipitation data for Cape Cod between 1947 and 1976. Although the data from the 10 stations provided the data for the determina-. tion of the recharge patterns discussed previously, a few of the stations an- nual average precipitation figures do not fall into the smooth gradient across Cape Cod that the recharge rates seem to follow (LeBlanc, et al., 1986). The 90% recharge rate off of impervious surfaces has been used in a number of other studies on Cape Cod (e.g. IEP (1988). CCPEDC and USEPA (1978), and CCPEDC (1979). Origins of this number are obscure, although members of the IEP study team for the Yarmouth Water Resources Protection Study state that this recharge rate is based on "the intuitive assumption that smaller, shorter storm events would not generate enough water for runoff to occur" (M.E. Nelson and S.W. Horsley, HWH, 1991, written communication). Stormwater modeling programs, such as TR --55, use a 98% runoff rate for parking lots, roofs, streets and driveways directly connected to catch basins, but these calculations are done on the basis of individual storms, not on annual precipitation data (SCS, 1986). In light of the lack of definitive values for many of the stormwater and run- off attributes, nitrogen loading analyses submitted to the CCC WRO should utilize the values which have been historically used on Cape Cod: 40 in/yr recharge off of impervious surfaces, 1.5 ppm NO -N off of paved surfaces, and 0.75 ppm NO -N off of roofs. Nitrate -nitrogen loading from recharge on pervious natural areas can be ignored when performing loading analyses on individual parcels. Water Resources Office 17 Cape Cod Commission JTechnical Bulletin 99.001 (FINAL) NITROGEN LOADING April, 1992 C. METHOD C.I. Site Specific Mass Balance Analysis. The information presented above describes values that will be used to assess nitrogen loading by the WRO staff of the CCC. The staff expects that each development will perform a Mass Balance Analysis (MBA) of the nitrogen and water uses within the boundaries of the development, using the values selected in this bulletin. A MBA will consist of totaling the nitrogen inputs to groundwater and dividing the nitrogen inputs by the water inputs according to the parameters described above. Sample calculations following this section provide examples of the methods to be used for residential and nonresiden- tial developments. C.Z. Cumulative Loading Analysis Methodology If a proposed development is within one of the recharge zones defined in Section 2.1.1.2 of the Regional Policy. Plan (RPP) and has a Title 5 wastewater flow of greater than 2,009 gallons per day (gpd), the proponent may also be required to complete a zone -wide Cumulative Loading Analysis (CLA), simi- lar to those presented by the WRO staff of CCPEDC and CCC, respectively, in TrurolProvincetown Aquifer Assessment and Groundwater Protection Pian (Cam- bareri, et al., 1989) and HarwichlBrewster Wellhead .Protection Project, (Belfit, et aI ; 1990) and by Horsley Witten and 'Hegemann, Inc. in Quantification of Nitro- gen Inputs to Buttermilk Bay (HWH, 1991). If the CLA is being completed for a Wellhead Protection Area (RPP, Section 2.1.1.2.A.) or a Potential PublicVater Supply Area (RPP, Section 2,1,1.2.F.), the CLA should include,'at a minimum, current expected NO -N concentrations within the delineated area based on both actual occupancy values and full Title 5 wastewater flows and future expected NO -N concentrations within the area at full buildout also using the two wastewater flow estimates. The completed CLA buildout assessment will provide a worst case assessment of projected nitrogen concentrations based on current zoning laws. If the build- out assessment indicates that the critical loading concentration (i.e., 5 ppm NO -N) will be exceeded under. current zoning, the: CCC will work with an applicant and/or appropriate authorities to explore nitrogen limitation op- tions. Water Resources Office 12 Cape Cod Commission ITechnical Bulletin 91-001 (FINAL) NITROGEN LOADING J April, 1992 If the CLA is being completed for a Marine Water Recharge Area (MWRA) (RPP, Section 2.1.1.2.0.), a mass loading approach, similar to the methodology utilized by the Buzzards Bay Project, will be applied to determine the critical nitrogen loading rate (Costa, et A, in preparation). The critical loading limit is an expression of the mass of nitrogen an embayment ecosystem can assimi- late without negative changes. This limit is dependent, in some cases, on the period of time it takes the water in the embayment to be completely exchang- ed (i.e., residence time). Thus, CLA's completed for MWRA's will require an assessment of the flushing characteristics of the embayment to determine the critical nitrogen loading rate. The existing and future nitrogen loading to a given embayment will be compared to the BBP recommended nitrogen load- ing rate limits for coastal embayments (USEPA and MA EOEA, 1991; see Table 1), unless more precise information about the embayment is available. Masses for each of the nitrogen loading components, i.e., lawns, wastewater, impervious surfaces, will be determined as previously described, but the cumulative mass will not be divided by the recharge and other water flows. Since the mass loading within the recharge area, rather than the groundwater or surface water concentration, is the determining factor in protecting coastal embayments, the total mass of nitrogen from current land use and future buildout, will be used to assess proposed and future development within the recharge area. If the buildout assessment indicates that the critical loading rate (e.g., 200 mg/m3/Vr) will be exceeded under current zoning, the CCC will work with an applicant and/or appropriate authorities to explore nitro- gen limitation options. Many of the types of recharge areas have already been delineated, although few have had CLA's completed. Development proponents should refer to the studies previously referenced in this bulletin and contact the CCC WRO staff to obtain recharge area delineations and guidance prior to preparing a Cumu- lative Loading Analysis. C.3. Additional Guidance If the site is located within a recharge area for which a CLA has been com- pleted, the site specific MBA nitrogen loading concentration or mass loading for the proposed development will be compared to the critical loading con- centration or critical loading rate per unit area of the recharge area. If the MBA loading concentration or mass loading for a proposed development exceeds the critical loading concentration or critical loading rate per unit area Water Resources Office 13 Cape Cod Commission Technical Bulletin 91-001 {FINAL} NITROGEN LOADING April, 1992 for a recharge area, the proposed MBA loading concentration or mass loading from the project will need to be lowered (e.g., decrease the wastewater flows). If a sewer connection is available for the proposed development, MBA nitro- gen loading calculations will not be required if the proposed development will connect to the sewer and if the municipal wastewater treatment facility has adequate capacity and is operating within the parameters of its discharge permit. Proposed wastewater treatment facilities will be reviewed. coopera- tively with the MA Department of Environmental Protection. Projects involv- ing nitrogen loading characteristics or situations outside the scope of those described within this bulletin will be handled an a case by case basis. It should be noted that the CCC discourages the use of excessive impervious surfaces to lower nitrogen loading concentrations and Developments -of Regional Impact before the CCC must conform to the minimum performance standards concerning open space in the RPP (Sections 6.1.1.3 and 6.1.7..4). Water Resources Office 14 Cape Cod Commission Table 1 SUMMARY OF NITROGEN LOADING VALUES TARGET CONCENTRATION: 5 ppm (milligram/liter) NOs N WASTEWATER Residences 40 inches per year Concentration: 35 ppm NOS N Flow: Title 5 (310 CMR 15.02) Nonresidences Concentration: 35 ppm NO3 N Flow: Title 5; Frimpter, et al (1988): Documented Roof runoff: flows satisfactory to CCC WRO staff OCCUPANCY: Range (Actual town rate to 2 people per bedroom) LAWNS Area: 5,000 ft2 Fertilizer: 31hs/1,000 ft' of lawn Leaching: 25% RECHARGE Off of impervious surfaces: 40 inches per year Concentrations Road runoff'. 1.5 ppm NOS N Roof runoff: 0.75 ppm NO9 N Natural areas Barnstable: 18 inches per year Mashpee: 19 in/yr Bourne: 21 in/yr Orleans: 161n/yr Brewster: 17 in/yr Provincetown: 16 in/yr Chatham: 16 In/yr Sandwich: 19 in/yr Dennis: 18 in/yr Truro: 16 in/yr Eastham: 16 in/yr Wellfieet: 16 in/yr Falmouth: 21 in/yr Yarmouth: 18 in/yr Harwich: 17 in/yr Recommended Nitrogen Loading Limits for Coastal Embayments OUTSTANDING EMBAYMENT WATERS CLASSIFIED SB WATERS CLASSIFIED SA RESOURCE AREAS Shallow ■ flushing: 4.5 days or less 350 mg/m3/Vr • flushing: greater than 4.5 days 30 g/ml/yr Deep • select rate resulting in 500 mg/m3/Vr lesser annual loading or 45 g/m2/yr Note: Vr = Vollenweider flushing term Vr = r 1 + sgrt (r) r — flushing time (yrs) 200 mg/m3/Vr 15 g/m2/yr 260 mg/ms/Vr or 20 g/ml/yr 100 mg/m3/Vr 5 g/mE/yr 130 mg/m3/Vr or 10 g/m2/yr Source: USEPA and MA EOEA,1991 Water Resources Office 15 Cape Cod Commission EXAMPLE NONRESIDENTIAL LOADING CALCULATIONS Office Building: - Lot Size: 5 acres {217,800 ftq Impervious Surfaces: Roof Area: 15,000 ft'; Paving Area: 30,000 ft2 Natural Area: 172,800 ft2; Lawn Area: 10,000 ft2 'itle V Flow: 75 gallons/day per. 1,000 ft2 WASTEWATER 15,000 fta 75 gpd 3.785 L = 4,258.1 L/d 35 mg = 149,034.4 mg/d 1;000 ft2, gal L IMPERVIOUS SURFACES 15,000 ft2 40 in ft 28.32 L 1 yr 3,879.5 L/d0 75 mg = 2,909.6 mg/d yr 12 in ft3 365 d L 30,000 ft2 40 in ft 28.32 L -1 yr - 7,758.9 L/d 1.5 mg =11,638.4 mg/d yr 12 in ft3 365 d L LAWN 10,000 ft2 3 lbs 1 yr [454,000 mg 9,328.8 mg/d 1,000 ft2 *r 365 d lb 0'25 NATURAL 5 acres 43,580. 0 = 217,800'ft2; 217,800 ft2 - 45,000 ft2 = 172,800 ft2 acre 172,800 ft2 1.5 ft 28.32 L1 yr = 20,111.1 L/d - yr ft, 365 d SUMMARY 149,304.4 + 2,909.6 + 11,638.4 + 9,328.8 mg 172,911.2 mg = 4.80 ppm 4,258.1 + 3,879.5 + 7,758.9 + 20,111.1 liters 36,007-.6 liters Water Resources Office 16 Cape Cod Commission EXAMPLE RESIDENTIAL LOADING CALCULATIONS Home (3 bedrooms) Lot Size: 1 acre (43,560 ft2) Impervious Surfaces: Roof Area: 2,000 ft2; Paving Area: 500 ft' Natural Area: 41.,060 ft2; Lawn Area: 5,000 ft2 Title V Flow: 110 gallons/day per bedroom WASTEWATER Title V (2 people per bedroom) 3 bedrooms 110 gpd 3.785 L = 1,249.0 L/d 35 mg = 43,716.8 mg/d.bedroom gal L Actual (assume 2.5 people/unit average occupancy within the town) 3 bedrooms 110 gpd [bedroom 3,785 L 2.5 — 520,4 L/d 35 mg = 18,214.6 mg/d gal 6 L IMPERVIOUS SURFACES 2,040 ft2 40 in ft 28.32 L 1 yr — 517.3 L/d 0.75 mg = 387.9 mg/d yr 12 in ft, 365 d. L 500 ftx r 40 in ft j 28.32L][ I yr - 129.3 L/d 1.5 mg =194.0 mg/d yr 12 in W 365 d L LAWN 5,000 ft2 3 lbs 1 yr 454;000 mg 4,664.4 mg/d. 1,000 ft2 *yr 365 d lb 0.25 NATURAL 43,560 ft2 - 2,500 ft2 = 41,060 ft2 41,050 ft2 1.5 ft 28.32 L 1 Yr = 4,778.7 L/d yr ft' 365 d SUMMARY 43,716.8 + 387.9 + 194.0 + 4,664.4 mg 48,963.1 mg Title VFlow = = 7.34 ppm 1,249.0 + 517.3 + 129.3 + 4,778.7 liters 6,674.3 liters 18,214.6 + 387.9 + 194.0 + 4,664.4 mg 23,460.9 mg Actual = = 3.95 ppm 520.4 + 517.3 + 129.3 + 4,778.7 liters 5,945.7 liters Final Calculation (7.34 + 3.95)/2 = 5.65 ppm Water Resources Office 17 Cape Cod Commission JTechnical Bulletin 99-oai (FINAL) NITROGEN LOADING April, 1992 REFERENCES Andreoli, A., N. Bartilucci, and R. Reynolds. 1979. "Nitrogen Removal in Subsurface. Disposal System." Journal of the Water Pollution Control Fed- eration. 51(4): 841-855. Belfit, G., T.C. Cambareri, and G. Prahm. 1999. H'arwichlBrewster Wellhead Protection Project. Cape Cod Commission. Water Resources Office, Barnstable, MA. Bennett, E.R., K.D. Linstedt, and J.T. Felton. 1974. "Rural Home Wastewater Characteristics" in Proceedings of the National Home Sewage Disposal Sym- posium, December 9 & 10, Chicago, IL. American Society of Agricultural Engineers, St. Joseph, MI. Brown, K.W., J.C. Thomas, and R.L. Duble. 1982. "Nitrogen Source Effect on Nitrate and Ammonium Leaching and Runoff Losses from Greens." Journal ofAgronomy, 74: 947-950. Cambareri, T.C., M.E., Nelson, S.W. Horsley, M.D. Giggey, and J.R. Pinnette. 1989. "Solute Transport Simulation of Non -point Source Nitrogen Im- pacts to Groundwater and Calibration of a Predictive Analytical Model" in Proceedings of Solving Ground Water Problems with Models. Papers from the NWWA Conference on Solving Water Problems with Models held February 7-9, 1989, at the Westin, Indianapolis, IN, National Water Well Association, Dublin, OH. Cambareri, T.C., G. Belfit, D.S. Janik, and P. Irvin. 1989. 7rurolProvincetown Aquifer Assessment and Groundwater Protection Plan. Cape Cod Planning and Economic Development Commission, Water Resources Office, Barnstable, MA. Canter, L.W. and R.C. Knox. 1985. Septic Tank System Effects on Ground Water Quality. Lewis Publishers, Inc., Chelsea, MI. Cape Cod Planning and Economic Development Commission and.United States Environmental Protection Agency. 1978. Draft Environmental Impact Statement and Proposed 208 Water Quality Management Plan for Cape Cod Barnstable, MA. Water Resources Office is Cape Cod Commission ITechnical Bulletin 97.001 (FINAL.) NITROGEN LOADING J April, 1992 C Cape Cod Planning and Economic Development Commission. 1979. Water Supply Protection Project. Final Report: Barnstable, Bourne, Brewster, Dennis, Yarmouth. Barnstable, MA. Costa, J.E., B. Howes, D. Aubrey, M. Frimpter, A. Giblin, D. Janik, N. MacGaffey, and I. Valiela. in preparation. Managing anthropogenic nitrogen inputs to sensitive embayments. 1. Technical basis for a man- agement strategy. Buzzards Bay Project Technical Report Series. Delaney, D.F. and J.E. Cotton. 1972. Evaluation ofproposed groundwater with- drawal, Cape Cod .National Seashore, North Truro, Massachusetts. United States Geological Survey Open -File Report. Washington, DC. Dorsch, M.M., R.K.R. Scragg, A.J. McMichael, and P.A. Baghurst. 1984. "Con- genital Malformations and Maternal Drinking Water Supply in Reval, South Australia." Journal of Epidemiology. 119,4: 473-485. Eckhardt, D.A., W.J. Flipse, Jr., and E.T. Oaksford. 1986. Relation Between Land Use and Ground Water Quality in the Upper Glacial Aquifer in Nassau and Suffolk Counties, Long Island, New York, United States Geological Survey Resources Investigations Report 86-4142, Washington, DC. Eichner, E.M. and T.C. Cambareri. 1999. The Cape Cod Golf Course Monitoring Project. Cape Cod Commission. Water Resources Office, Barnstable, MA. Fan, A.M., C.C. Willhite, and S.A. Book. 1987. "Evaluation of the Nitrate Drinking Water Standard with Reference to Infant Methemoglobinemia and Potential Reproductive Toxicity." Regulatory Toxicology and Pharma- cology. 7: 135-148. Frimpter, M.H., J.J. Donohue, IV, and M.V. Rapacz. 1988. A Mass Balance Nitrate Model for Predicting the Effects of Land Use on Groundwater Quality in Municipal Wellhead Protection Areas. In conjunction with the Cape Cod Aquifer Management Project (CCAMP). Barnstable, MA. Horsley Witten Hegemann, Inc. 1991. Quantification and Control of Nitrogen Inputs to Buttermilk Bay. Buttermilk Bay Project. Barnstable, MA, Horsley Witten Hegemann, Inc. 1999. (Draft) Comprehensive Harbor Manage- ment Plan (Chatham, Massachusetts). Barnstable, MA. Water Resources Duce 19 Cape Cod Commission JTechnical Bulletin 91.001 (FINAL) NITROGEN LOADING April, 199E Howie, B. and B.G. Waller. 1986. Chemical Effects of Highway Runoff on the Surflcial Aquifer, Broward County, Florida. United States Geological Sur- vey Water Resources Investigation Report 86-4200, [Washington, DC. IEP, Inc. 1988. Water Resources Protection Study. Town of Yarmouth, Massachu- setts. Sandwich, MA. K -V Associates, Inc. 1983. A Planning Methodology for Evaluation of Cumulative Impacts of Development on Surface Water Bodies. Falmouth, MA. Knott, J.F. and J.C. Olimpio. 1986. Estimation of Recharge Rates to the Sand and Gravel Aquifer Using Environmental Tritium, Nantucket Island, Massachu- setts. United States Geological Survey Water Supply Paper 2297, Wash- ington, DC. LeBlanc, D.R. 1982. Sewage Plume in a Sand and Gravel Aquifer, Cape Cod, Massachusetts. United States Geological Survey, Open -File Report 82- 274, Washington, DC. LeBlanc, D.R., J.H. Guswa, M.H. Frimpter, and C.J. Londquist. 1986. Groupd- water Resources of Cape Cod, Massachusetts. Hydrologic Investigation Atlas. United States Geological Survey, 'Washington, DC. Loehr, R.C. 1974. "Characteristics and Comparative Magnitude of Non -Point Sources." Journal of the Water Pollution Control Federation. -46: 1849-1.872. Long Island Regional Planning Board. 1986. Special Ground -Water Protection Area Project for the Oyster Bay Pilot Area and Brookhaven Pilot Area. National Research Council. 1977. Drinking Water and Health. National Acad- emy of Sciences, [Washington, DC. Nassau -Suffolk Regional Planning Board. 1978. The Long Island Comprehen- sive Waste Treatment Management Plan. Hauppauge, NY. Persky, J.H. 1986. The Relation of Ground -Water Quality to Dousing Density, Cape Cod, Massachusetts. United States Geological Survey, Water Re- sources Investigations Report 86-4493, Washington, DC. Petrovic, A.M. 1989. "Golf Course Management and Nitrates in Groundwa- ter." Golf Course Management September, 1989: 54--64. Petrovic, A.M. 1999, "The Fate of Nitrogenous Fertilizers Applied to Turfgrass." Journal of Environmental Quality, 19(1): 1-14. Water Resources Office 20 Cape Cod Commission ITechnical Bulletin 91-001 (FINAL) NITROGEN LOADING J April, 1992 Robertson, W.D., J.D. Cherry, and E.A, Sudicky. 1991. "Ground -Water Con- tamination from Two Small Septic Systems on Sand Aquifers." Ground Water. 29(1): 82-92. Soil Conservation Service. 1986. Urban Hydrology for Small Watersheds. Tech- nical Release 55; Second Edition. United States Department of Agricul- ture, Washington, DC. Suffolk County Department of Health Services. 1983. Pilot Plant Study: Nitro- gen Removal in Modred Residential Subsurface Sewage Disposal System, Phase 2 - Additional Investigations, Hauppauge, NY. United States Environmental Protection Agency. 1975. Water Programs, National Interim Primary Drinking Water Regulations. Federal Register .40(248): 5956.6-59587. United States Environmental Protection Agency. 1990. (Draft) Guidance in Developing Health Criteria for Determining Unreasonable Risks to Health. Office of Drinking Water, Washington, DC. US Environmental Protection Agency and Massachusetts Executive Office of Environmental Affairs. 1991. "Buzzards Bay Comprehensive Conserva- tion and Management Plan (Final), Volume I: Management Recommen- dations and Action Plans." Buzzards Bay Project. Marion, MA. Witt, M., R. Siegrist, and WC. Boyle. 1974. "Rural Home Wastewater Charac- teristics" in Proceedings of the National Home Sewage Disposal Symposium, December 9 & 10, Chicago, IL. American Society of Agricultural Engi- neers, St. Joseph, MI. Water Resources Office WiT Cape Cod Commission N O 2-11 m a�F nz-m �aLLdA a b It 0. O "anrvry 'ry"'0"49R444RR4"�. w'�"rvq� 0 € CT o E o o vNNa R!sigs'i 0 0 0 0 eaao��rvS� 0 0 i-aaaa 0 o 0 0 0 0 o tj E9�AXr�w�8 N N i�E�eeC56��w�`SSei��iP m o a N N�3idn��°h°���r^�mnQ�" N D E b" `� ory `� "' S e e'er s a ry ry rv.gi r o 0 0 "i S's s s •• •• •• •• Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 hrhealthster-ma-g<av WWW ,BREW STER-MA.GOV Memo To: All Department Heads, Committees, Commissions and Boards Memo From: Amy von Hone, R.S., C.H.Q. Health Director Date: June 2, 2021 Subject: Reorganization of the Board of Health Health Department Amy L. von I•lone, R.S„ C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant arrrrrrrrrrrrrrrrrwaarrrrrrrerrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrwrrrrrrrrrrrrrrrrrrrrrrrrrr� On July 1, 2020, the Board of Health reorganized as follows: OFFICERS: Carmen Scherzo, DVM — Chairman Term expires: 2021 Penny Hausser Holeman, MPH, MA, MS —Vice Chairman Terni expires: 2022 MEMBERS: Joseph Ford Term expires: 2022 Annette Graczewski, MT (ASCP) Term expires: 2023 Jean Kampas Term expires: 2023 COMMITTEES Penny Hausser Holeman, MPH, MA, MS Water Quality Review Committee Annette Graczewski, MT {ASCP} Recycling Commission Liaison Carmen S. Scherzo, DMV Dog Park Development Committee Alk From: Director-DWP, Program (DFP) program.director-dwp@mass.gov> Sent: Friday, May 14, 2021 3:39 PM Subject: 2021 BOH Notice ready Attachments: BOH Notice 2021.docx.pdf Please find attached the Massachusetts Department of Environmental Protection (MassDEP) Drinking Water Program annual informational email to local Boards of Health (BOHs). It includes information of interest, reminders of annual form submissions and an inventory of public water systems in the Commonwealth for review. A copy of this information is also available at https://www. mass. ovldoc12021-annual-notice-to-local-boards-of-healthldown to ad . Massachusetts Department of Environmental Protection eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this fife you must save and/or print Username: EBELAIR Transaction ID: 1270886 RECEIVED MAY 0 4 2021 BREWSTER HEALTH DEPARTMENT Document: Groundwater Discharge Monitoring Report Forms Size of File: 424.01 K Status of Transaction: Submitted Date and Time Created: 4/19/2021:11:41:37 AM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ rim L UI GQU Ul IXUQMUI VG I ILLVUtIUII - VI VWI IU YVQ IGI L IQl]Ql&& 1 Ivul QIII 1. r Cllllll IYUl11UGl Groundwater Permit 2. Tax identification Number MONITORING WELL DATA REPORT 2021 MAR MONTHLY 3, Sampling Month & Frequency A. Facility Information Facility name, address: JBREWSTER MANOR a. Name 873 HARWICH ROAD b. Street Address BREWSTER IMA 02631 C. City d. State e. Zip Code 2. Contact information: DAVID FELDMAN a. Name of Facility Contact Person 7817079527 b, Telephone Number 3. Sampling information: ldfeldman@wingatehealthcare.com c. e-mail address 13/25/2021 JWHITEWATER a. Date Sampled (mm/Wyyyy) b. Laboratory Name OHN APREA c. Analysis Performed By (Name) B. Form Selection 1. Please select Form 'Type and Sampling Month & Frequency Monitoring Well Data Report - 2021 Mar Monthly - All forms for submittal have been completed. 2.- This is the last selection. 3. F Delete the selected form. gdpols 2015-09-15.doe • rev. 09115/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Groundwater Permit 2. Tax identification Number " MONITORING WELL DATA REPORT 2021 MAR MaNTHLY 3. Sampling Month & Frequency C. Contaminant Analysis Information ■ For '0", below detection limit, less than (<) value, or not detected, enter "ND" • TNTC = too numerous to count. (Fecal results only) • N5 =Not Sampled • DRY = Not enough water in well to sample. ParameterlContam1nant MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Phi 15.9 5.7 5.7 5:8 &U. STATIC WATER LEVEL 59.61 58.92 126.72 FEET SPECIFIC CONDUCTANCE 621 304 1 412 1 117E UNIFi�51C Well #: 5 0 Well #: 6 mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 u Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key, Any person signing a document under 314 CMR 5.14(1) or (2) shall make the following certification If you are filing electronic -ally and want to attach additional comments, select the check box. F, uul cau VI 1. WuI L. 1 IU'GLLI VII - VI VUI Iu YVQ LGI Ulak"i 1qI LV.0 1 tUVP g1Il J. 1 Gllllll I4u111V01 Groundwater Permit 2. Tax identification Number Facility Information BREWSTER MANOR a. Name 73 HARWICH ROAD b. Street Address BREWSTER MA 162631 C. City J. State e. Zip Code Certification "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowlrug violations." ELIZABETH BELAIR 4!19!2021 a. Signature b. Date (mmlddlyyyy) gdpols 2015-09-15.doc - rev. 09/15/15 Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection �- eDEP Transaction Copy 1 Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: EBELAiR Transaction ID: 1277969 Document: Groundwater Discharge Monitoring Report Forms Size of File: 713.22K Status of Transaction: Submitted Date and Time Created: 512512021:10:51:26 AM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ lk Ar law 08 � Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT A. Facility Information 1. Facility name, address: BREWSTER MANOR a. Name 599 1. Permit Number 2. Tax identification Number nazi QUARTERLY 2 3. Sampling Month & Frequency 1873.HARWICH ROAD b. Street Address BREWSTER MA 102631 C. City d. State e. Zip Code 2. Contact information: DAVID FELDMAN a. Name of Facility Contact Person 7817079527 ldfeldmangvjngatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling infoimAtion: 4120!2021 Rl ANALYTICAL a. Date Sampbd (mmlddfyyyy) b. Laboratory Name NICOLE SKYLESON c. Anaiysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2021 Quarterly 2 r All forms for submittal have been completed. 2. I- This is the last selection. 3. rDelete the selected form. gdpols 2015-09-15.doc • rev. 09115115 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1599 I Bureau of Resource Protection _ Groundwater Discharge Program 1. Permit Number Groundwater Permit 22. T�tifiication Number MONITORING WELL DATA REPORT [2M QLiARTERLY 2 Ll 3. Sampling Month &Frequency C. Contaminant Analysis Information. • For "0", below detection limit, less than (<) value, or not detected, enter "ND" • TNTC = too numerous to count. (Fecal results only) • NS =Not Sampled • DRY = Not enough water in well to sample. Pa ra m ete r1C ontam i n a nt PAW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 . Well #: 4 Well #: 5 Well #: 6 NITRATE -N 0.48 ND IND I �ND MGL TOTAL_ NlTR0GEN(NO3+NO2+TI{ �p,48 IND - - ND- ND MGi mwdgwp-blank.doc • rev. 69115/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Q Ir ►gym 46 � Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT A. Facility Information 599 1. Permit Number l 2. Tax identification Number 2021 APR MONTHLY 3. Sampling Month & Frequency 1. Facility name, address: BREWSTER MANOR a. Name 873 HARWICH ROAD b. Street Address BREWSTER MA 02631 C. City d. State e, Zip code 2. Contact information: DAVID FELDMAN a. Name of Facility Contact Person 7817079527 dfeldman@wingatehealthcare.com b. Telephone Number 3. Sampling information: c. e-mail address 14/20/2021 W H ITEWATER a. Date Sampled {mtnlddlyyyy} b, Laboratory Name DOUG MURPHY - c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2021 Apr Monthly " - All forms for submittal have been completed. 2. r This is the last selection. 3. r- Delete the selected form, gdpdIs 2015-09-15.doe • rev. 69/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL. DATA REPORT 599 1. Permit Number 2. Tax identification Number 021 PR 3. Sampling IlRonth & Frequency C. Contaminant Analysis Information • For "0", below detection limit, less than (<) value, or not detected, enter "N❑" ■ TNTC = too numerous to count. (Fecal results only) • NS =Not Sampled • DRY = Not enough water in well to sample. Parameter/Contaminant MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 PH 5.9 5.9 F .8 S.u. STATtC WATER LEVEL 59.42 58.77 9.31 26.59 FEET SPECIFIC CONDUCTANCE 586 592 274 _ utiiFYJ��'C Well #: 5 Well #: 6 C mwdgwp-blank.doc • rev. 09115115 Monitodng Well Data for Groundwater Permit • Page 1 of 1 Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key, Any person signing a document under 314 CMR 5.14(l) or (2) shall make the following certification If you are filing electronically and want to attach additional comments, select the check box. r Massachusetts Department of Environmental Protection 599 Bureau of Resource Protection _ Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number Facility Information EWSTER MANOR a. Name 873 HARWICH ROAD b. Street Address BREWSTER MA 02631 C. City d. State e. Zip Code Certification "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in acoordance with a system designed to assure that quaHiled personnel pro pedy gather and evaluate the Information submitted. Based on my inquiry of the person c persons who manage the system, c those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that the are significant penalties For submitting false information, including the possibility of fine and imprisonment for knowing violations." ELIZABETH BELAIR 15/25/2021 a. Signature b. Date (mmlddlyyyy) gdpols 2015-09-15-doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental. Protection eDEP Transaction Copy Here is the fife you requested for your records. To retain a copy of this file you must save and/or print. Username: sFARRENKGPF Transaction ID: 1282182 Document: Groundwater Discharge Monitoring Report Forms Size of File: 11029.48K Status of Transaction: in Process Date and Time Created: 512412(121:5:03:14 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Tay Massachusetts Department of )Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET A. Facility Information Facility name, address: P+AAPLEWOO❑ AT BREWSTER a. Name 820 HARWICH ROAD b. Street Address 951 —7 1. Permit Number 2. Tax identification Number 2021 APR DAILY 3. Sampling Month & Frequency BREWSTER IMA 02631 C. City d. State e. Zip Code 2. Contact information: OSEPH SMITH a. Name of Facility Contact Person 7742125005 b. Telephone Number 3. Sampling information: Lsmith@NSUWater.com c. a -mall address 4/1/2021 NOT APPLICABLE a. pate Sampled (mmlddly)oyyj b, Laboratory Name BEA NSU PERSONNEL G. Analysis Performed By (Name) B. Form Selection i. Please select Form Type and Sampling Month & Frequency Daily Log Sheet - 2021 Apr Daily r All forms for submittal have been completed. 2. r This is the last selection. 3. r Delete the selected farm. gdpols 2615-09-15-doc • rev. 09/15/15 Groundwater. Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1951 Bureau of Resource Protection _ Groundwater Discharge Program 1. Permit -Number Groundwater Permit M. Ll 1 2• Tax identification Number DAILY LOG SHEET 2021 APR DAILY 3. Sampling Month & Frequency C. Daily Readings/Analysis Information Date Effluent Reuse Irrigation Turbidity Influent pH Effluent Chlorine UV Flow GPD Flow GPD Flow GPD pH Residual intensity (mgll) ri°Iaj 1 5273 6.$ 6.9 2 6244 3 6244 4 6244 5 5513 6.8 6.9 s 6562 I 6.8 B.9 7 5518 6.8 7.0 8 6612 6.8 7.0 s 5835 !� 6.7 6.9 10 5835 11 5835 � Q - 12 6542 6.8 7.1 13 6607 6.8 7.0 144205 6.8 7.4 15 657$ 6.8 7.1 18 5926 6.8 7.1 17 5926 1S. 5926 F= 19 6551 6.8 7.0 20 4551 6.9 7.1 21 634$ 6.$ 7.0 22 5515 6.8 7.0 236771 6.8 7.1 24 6771 25 6771 zs 4667 6.8 7.1 27 5751 6.8 7.0 !� 28 3712 6.9 7.0 29 7574 6.9 7.1 30 5884 6.8 7.1 31 gdpols.doc • rev. 09/15115 Groundwater Permit Daily Lag Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1951 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number L Groundwater Permit Tax identification Number � DISCHARGE MONITORING REPORT 202'1 APR MONTHLY 3. Sampling Month & Frequency A. Facility Information Important:When filling out forms on 1. Facility name, address: the computer, use ]MAPLEWOOD AT BREWSTER only the tab key to a. Mame move your cursor - 820 HARWICH ROAD do not use the return key. b. Street Address BREWSTER JIVA. 102631 G. City d. State e. Zip Code 2. Contact information: JOSEPH SMITH a. Name of Facility Contact Person 7742125005 Jjsmith@NSUWater.corn b. Telephone Number 3. Sampling information: c. e-mail address 4114/2021 ALPHA ANALYTICAL a, Date Sampled (mmlddlyyyy) b. Laboratory Name ALPHA ANALYTICAL PERSONNEL c. Analysis Performed By (Name) B. Form Selection 1: Please select. Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2021 Apr Monthly All forms for submittal have been completed. 2. r This is the fast selection, 3.- Delete the selected form. gdpols 2015-09-15Aoc • rev. 09/15/15 Groundwater Permit daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 951 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 2021 APR MONTHLYLl �� 3, Sampling Month & Frequency D. Contaminant Analysis Information • For "fl", below detection limit, less than [<] value, or not detected, enter "ND" • TNTC = too numerous to count. (Fecal results only) • NS = Not Sampled 1, Parameter)Contaminant 2. Influent 3. Effluent 4, Effluent Method Units Detection limit t3oo 780 41 jj - MGL TSS 1190 51 25 -- MGL TOTAL SOLIDS 1000 MG/L AMMONIA -N 18.2 MCL NfRRATE-N ND 0.10 MG+L TOTAL NITROGEN(NO3tNO2+TKN) 9,62 0.450 MGL OIL & GREASE �p I 4.0 MGL _- infeffrp-blank.doc • rev. 09115115 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Massachusetts Department of Environmental Protection 951 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number MONITORING WELL DATA REPORT 2021 APR MONTHLY 13 - 3. Sampling Month & Frequency A. Facility Information lmportant:When filling out forms on 1. Facility name, address: the computer, use ]MAPLEWOOD AT BREWSTER only the tab key to a. Name move your cursor - $20 HARWICH ROAD do not use the return key. b. Street Address BREWSTER IMA 102631 C. City d. State e. Zip Code 2. Contact infozmation: lia+A� JOSEPH SMITH a. Name of Facility Contact Person 7742125005 'smith@NSUWater.com b. Telephone Number 3, Sampling information: c, a -mall address 4/30/2021 NOT APPLICABLE a. Date Sampled (mmfddlyyyy) b. Laboratory Name BEA NSU PERSONNEL c, Analysis Performed By (Name) B. Form Selection 1, Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2021 Apr Monthly ' r All forms for submittal have been completed. 2. This is the last selection. 3, r Delete the selected form. gdpdIs 2015-09-15.doc • rev. 09115115 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1951 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number MONITORING WELL DATA REPORT 2021 APR MONTHLY .3. Sampling Month & Frequency C. Contaminant Analysis Information • For '0", below detectlon limit, less than (<) value, or not detected, enter "ND" � • TNTC = too numerous to count. (Fecal results only) • N5 = Not Sampled • DRY = Not enough water in well to sample. ParameterlContaminant MW -1 MW -2 MW -3 MW -4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 5_86 5.86 16.36 15.51 s.U. STATIC WATER LEVEL 33.88 33.11 33.15 33.16 FEET SPECIFIC CONDUCTANCE 181 4 193.4 1343.6 90.8 UNiF'OS?C ' mwdgwp-blank.doo - rev. 09115115 Monitoring Well Data for Groundwater Permit • Page 1 of 'I �l Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Any person signing a document under 314 CMR 5.14[1] or (2) shall make the following certification If you are filing electronic -ally and want to attach additional comments, select the check box. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit Facility Information PLEWOOD AT BREWSTER F951 - - - 1. Permit Number 2. Tax identification Number a. Name 820 HARWICH ROAD - b. Street Address BREWSTER IMA 2631 G. City d. State e, Zip Code Certification "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel pro pady gather and evaluate the information submitted. Based on my inquiry of the person a persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowiedgo and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false information, including the possibility of fine and imprisonment far knowing violations." SAMANTHA FARRENKOPF 5124/2021 a. Signature b. Date (mm!ddlyyyy) orting Package Comments ENN ETT ENVIRONMENTAL ASSOCIATES, LLC, (BEA) HAS COMPLETED THE APRIL 2021 IONTHLY INFLUENT AND EFFLUENT SAMPLING OF THE BIOCLERE WASTEWATER REATMENT SYSTEM. MONTHLY WASTEWATER SAMPLING WAS COMPLETED ON 4/14121. 4BORATORY RESULTS REPORTED BOD AND TSS GREATER THAN DISCHARGE PERMIT IMITATIONS, SUBSEQUENT RESAMPLING COMPLETED ON 4127121 FOR ANALYSIS OF BOD ND TSS REPORTED CONCENTRATIONS OF 26 MG1L AND 27 MGA-, RESPECTIVELY. FFLU ENT PH WAS REPORTED WITHIN THE 6.5 TO 8.5 RANGE THROUGHOUT THE MONTH. LOW VOLUME MEASUREMENTS WERE ASSESSED DURING THE MONTH FROM THE YSTEM'S EFFLUENT FLOW METER. DAILY FLOW REMAINED WITHIN THE 19,800 -GPD IMITATION THROUGHOUT THE MONTH. THE MINIMUM, MAXIMUM AND AVERAGE GPD LOWS REPORTED OVER THE COURSE OF THE MONTH WERE 3,712 GPD, 7,574 GPD AND 1943 GRD, RESPECTIVELY. gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection I eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: SFARRENKOPF Transaction ID: 1280117 Document: Groundwater discharge Monitoring Report Forms Size of File: 1026.01 K Status of Transaction: In Process Date and Time Created: 5/16/2021:1:15:46 PM Note: This file only. includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Massachusetts Department of Environmental Protection 1746 Bureau of Resource Protection _ Groundwater discharge Program i. Permit Number Groundwater Permit 2. Tax identification Number DAILY LOG SHEET 2021 APR DAILY Ll 3. Sampling Month & Frequency A. Facility Information Important: When filling out forms on 1. Facility name, address: the computer, use PLEASANT SAY -HEALTH CTR only the tab key to a, Name move your cursor - 383 SOUTH ORLEANS ROAD do not use the return key, b. Street Address BREWSTER IMA 102631 VG:l C. City d. State e. Zip Code 2. Contact information: �Rw#A]JOSEPH SMITH a. Name of Fad lity Contact Person 7742125005 jsmith@NSUWater.com b. Telephone Number c. e-mail address 3. Sampling information: 4/112021 NOT APPLICABLE a. date Sampled [mnuddlyyyy] b. Laboratory Name BEA NSU PERSONNEL c. Analysis Performed By (Name) B. Form Selection 1, Please select Form Type and Sampling Month & Frequency Daily Log Sheet - 2021 Apr Daily r All forms for submittal have been completed. 2. r This is the last selection. 3. r Delete the selected form. gdpols 2015-69-15.doc • rev. 09/15/15 Groundwater Permit Daily Lag Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1746 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit •�- 2. Tax identification Number L � DAILY LOG SHEET 2021 APR DAILY 3. Sampling Month & Frequency Date 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 18 17 18 19 29 21 22 23 24 25 2s 27 28 29 30 31 C. Daily Readings/Analysis Information Effluent Reuse Irrigation Turbidity Influent pH Effluent Chlorine UV Flow GPD Flow GPD How GPD pH Residual Intensity (ingll) (1/0 8755 6996 6996 6996 11358 6852 9049 75$2 7083 7083 7083 13176 12211 10291 �J 12770 11381 11381 12930 8715 12940 13802 7817 7817 7817 8497 11259 Ij�l 5435 10271 6740 gdpols.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. le6 1.0 aw A _� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Prograrn Groundwater Permit DISCHARGE MONITORING REPORT A. Facility Information 1. Facility name, address: PLEASANT BAY HEALTH CTR 746 - - — - 1. Permit Number 2. Tax identification Number 1 2x21 APR N10NTHLY 3. Sampling Month & Frequency a, Name 383 SOUTH ORLEANS ROAD b. Street Address BREWSTER IMA 102631 c. City . . d. State e. Zip Code 2. Contact information: JOSEPH SMITH a. Name of Facility Contact Person 7742125005 lismith@NSU Water.corn b. Telephone Number c. e-mail address 3. Sampling information: 18!2021 ALPHA ANALYTICAL a. Date Sampled (mmiddlyyyy) b. Laboratory Name ALPHA ANALYTICAL PERSON NFL c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency ❑ischarge Monitoring Report - 2021 Apr Monthly F All forms for submittal have been completed. 2. r This is the last selection. 3. F Delete the selected form. gdpols 2015-09-15.do,c • rev. 09115115 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1746 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit ' 2. Tax identification Number DISCHARGE MONITORING REPORT 2921 APR MONTHLY .3. Sampling Month & Frequency D. Contaminant Analysis Information • For "0", below detection limit, less than (a) value, or not detected, enter "N I7" • TNTC = too numerous to count. (Fecal results only) ■ NS = Not Sampled 1, ParameterlContaminant Units BOD MGIL TSS MGL TOTAL SOLIDS MGL AMMONIA -N MGIL NITRATE -N MGIL TOTAL NITROGEN(NO3+NO2+THN) MGIL OIL & GREASE MGIL FECAL COLIFORM 1100 ML CHLORIDE MG`L 2. Influent 3. Effluent 4. Effluent Method � ll Detection limit `$ f c -- �J 2.6 12.0 173 I' Jp -� 15+0 ---- — --- – 1489 1359 10 29.5 6.7 19.19 8.88 ND , ND .62 - 0.450 3.E 19 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Massachusetts Department of Environmental Protection 1746 j Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit Tax identification Number MONITORING WELL DATA REPORT 12021 APR MONTHLY LL. 3. Sampling Month & Frequency A. Facility Information lmportant:When filling out farms on 1. Facility name, address: the computer, use PLEASANT 13AY HEALTH CTR only the tab key to - a. Name move your cursor - do not use the 383 SOUTH ORLEANS ROAD return key, b. Street Address BREWSTER IMA 102631 Q G. City d. State e. Zip Code lk AV 2. Contact information: r{YurrA� JOSEPH SMITH a. Name of Facility Contact Person 7742125005 'smith@NSUWater.com b. Telephone Number c. e-mail address 3. Sampling information: 4/28/2021 fNOT APPLICABLE a. Date Sampled (mrralddlyyyy) b. Laboratcay Name BEA NSU PERSONNEL. c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report _ 2021 Apr Monthly - All forms for submittal have been completed. 2. r This is the last selection, 3. r- Delete the selected form. gdpldls 2415-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Pagc 1 of 1 Massachusetts Department of Environmental Protection 1746 Bureau of Resource Protection _ Groundwater Discharge Program 1. Permit Number 1 Groundwater Permit ' MONITORING WELL DATA REPORT 2. Tax identification Number 6 2021 APR MONTHLY 3. Sampling Month & Frequency C. Contaminant Analysis Information • For "0", below detection limit, less than {a] value, or not detected, enter "ND" � • TNTC = too numerous to count. (Fecal results only) • NS = Not Sampled ■ DRY = Not enough water in well to sample. ParametertContaminant DG -1 DG -2 Dr3 4 LG -1 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 PH 6.24 J 16.57 - 16.71 6.16 — s.u. STATIC WATER LEVEL 12.01 11.90 11,$2 12.66 FEET SPECIFIC CONDUCTANCE 182 1 1311 A -J 1328.7 � 144.6 ulv�Ias� mwdgwp-bIank.doc • rev. 09115/15 Monitoring Well Data for Groundwater Permit - Page 1 of 1 Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. MAP Any person signing a document under 314 CMR 5.14(1) or (2) shall make the following certification If you are filing electronic -ally and want to attach additional comments, select the check box, r Massachusetts Department of Environmental Protection 1746 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit i 2. Tax identification Number Facility Information (PLEASANT BAY HEALTH CTR a. Name 383 50UTH ORLEANS ROAD b. Street Address BREWSTER IMA 102631 C. City d. State e, Zip Code Certification 'I certify under penalty of law that this docurnent and all attachments were prepared under my dIrection or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based an my inquiry of the person or persons who manage the system, or those parsons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false information, including the possibility of fine and Imprisonment for knowing violations;' SAMANTHA FARRENKOPF 15/1612021 a, Signature Comments b. Date (mmlddlyyyy) BENNETT ENVIRONMENTAL ASSOCIATES, LLC. (BEA) HAS COMPLETED THE APRIL 2021 MONTHLY INFLUENT AND EFFLUENT SAMPLING OF THE AMPHIDROME WASTEWATER TREATMENT SYSTEM. MONTHLY WASTEWATER SAMPLING WAS COMPLETED ON 418121. LABORATORY RESULTS REPORTED ALL PARAMETERS WITHIN DISCHARGE PERMIT LIMITATIONS. EFFLUENT PH WAS REPORTED WITHIN THE 6.5-8.5 RANGE THROUGHOUT THE MONTH. FLOW VOLUME MEASUREMENTS WERE ASSESSED DURING THE MONTH FROM THE SYSTEM'S EFFLUENT FLOW METER. DAILY FLOW REMAINED WITHIN THE 26,500 -GPD LIMITATION THROUGHOUTTHE MONTH, THE MINIMUM, MAXIMUM AND AVERAGE GPD FLOWS REPORTED OVER THE COURSE OF THE MONTH WERE 5,435 GPD, 13,802 GPD AND 9,416 GPD, RESPECTIVELY. gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1